Arrangement of Sections
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THE TRANSFER OF POWERS (MINISTER FOR LOCAL GOVERNMENT, HEALTH AND HOUSING) (NO. 1) ORDER, 1956
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THE TRANSFER OF POWERS (MINISTER FOR LOCAL GOVERNMENT, HEALTH AND HOUSING) (NO. 2) ORDER
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THE PUBLIC HEALTH (INTRODUCTION OF PERSONS AND THINGS BY AIRCRAFT) ORDER
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1. Citation
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2. Application
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3. Interpretation
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.
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4. Local authority to enforce drainage of undrained buildings
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5. Two or more buildings may be drained by combined operation
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6. New buildings must be drained
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7. Local authority may require sinks, drains or other necessary appliances to be provided to buildings
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8. Conversion of latrines into water-closets
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9. Where sewer available, local authority may require it to be used
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10. Maintenance of drains and drainage works
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11. Examination of drains, latrines, cesspools and septic tanks
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12. Local authority may test drains
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13. Stoppages in drains
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14. Penalty for unauthorized building over sewers or under streets
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15. Injurious matters not to be passed into sewers
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16. Power to prohibit the passing of solid matter, steam, chemical refuse, etc., into sewers
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17. Brewery or manufacturing sewage
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18. Power to make inspection chamber in manufacturing premises
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19. Rain-water pipes not to communicate directly with a closed drain
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20. Notice to be given of intention to make a sewer connexion
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21. Sewer connexions not to be made without permission
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22. Drainage works in streets and other public places
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23. Local authority may arrange with owners to carry out private drainage works
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24. Owner outside district may arrange with local authority to connect to sewer
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25. Charges to cover supervision, etc.
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26. Tins, bottles, etc., not to be allowed to enter drains
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27. Traps, gullies and ventilation pipes to be kept free from obstruction
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28. Excavation for and laying of drains
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29. Requirements for construction of closed drains
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30. Requirements for construction of drains
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31. Inlets to drains to be trapped
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32. No right-angled junctions to be made
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33. Drains to be trapped from cesspools and septic tanks, etc.
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34. Drains not to be trapped from sewers
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35. Provision of inspection chambers on drains
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36. Ventilation of drains
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37. No inlets to drains within buildings
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38. Requirements for soil-pipes
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39. Anti-syphonage pipes to soil-pipes
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40. Connexion of lead pipe with an iron pipe
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41. Connexion of stoneware pipe with a lead pipe
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42. Connexion of lead pipe with a stoneware pipe
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43. Connexion of iron pipe with stoneware pipe
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44. Connexion of stoneware pipe, with an iron pipe
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45. Requirements for waste-pipes and waste-water fittings
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46. Rain-water pipes not to be used for conveying soil-water or waste-water
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47. Overflow pipe not to be connected with any drain or ventilating pipe
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48. Gully Traps
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49. Grease Traps
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50. Water-closets
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51. Urinals
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52. Slop-hoppers
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53. Traps and joints of soil-water fittings
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54. Requirements for construction of soil-water fittings
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55. Automatic water-flushing cisterns not to be provided without permission
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56. Automatic water-flushing cisterns
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57. Water-closets to be kept provided with sufficient supply of water
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58. Position and enclosure of soil-water fittings
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59. Window and ventilation for soil-water fitting
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60. Trough-closets to open to external air
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61. Conditions for construction of water-closets
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62. Requirements as to septic tanks, etc.
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63. Disposal of sewage
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64. Notice to be given and plans deposited of new drainage works
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65. Addition to, partial construction, reconstruction or alteration of existing drainage works
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66. Copy of plans, etc., to belong to local authority
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67. Approval of drainage plans
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68. Drainage work not to be commenced before approval obtained
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69. In default of local authority drainage work may be proceeded with
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70. Alteration and construction of drainage work in cases of urgency
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71. Works notice before drainage work is commenced
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72. Notice that work is completed and ready for testing
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73. Drainage work not to be covered up until tested and approved
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74. Certificate to be issued on completion of drainage
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75. Fresh notice to be given if work not proceeded with within one year
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76. Unauthorized drainage work
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77. Drainage work to be carried out by licensed plumbers and drainlayers
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78. Plumbers and drainlayers must satisfy local authority of their competency
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79. Register of licensed persons to be kept by local authority and signed by licensees
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80. Licence to be produced for inspection
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81. Cancellation of licence
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82. Date of effect
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83. New buildings must be provided with latrine accommodation
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84. Local authority to require latrine accommodation in existing buildings
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85. Latrines for factories and workshops, etc.
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86. Latrines for hotels, boarding-houses, theatres, public halls, etc.
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87. Temporary latrines for workmen
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88. Latrines for different races
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89. Improper use of latrines used in common
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90. Improper use of public latrines
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91. No latrine other than water-closet to be constructed within 200 feet of sewer
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92. No latrine other than water-closet or urinal inside dwelling
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93. Latrines other than water-closets and urinals to be protected against flies
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94. Local authority to enforce protection of latrines against flies
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95. Requirements as to pail-closets
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96. Pit-closets not to be constructed without permit from local authority
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97. Notices may be printed or written
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98. Service of notices
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99. Defect in form not to invalidate notices
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100. Penalties
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1. Citation
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2. Application
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3. Interpretation
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4. Dairies to be registered
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5. Local authority may register dairy outside district
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6. Provisions as to certificates of registration
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7. Application for registration
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8. Form of certificate of registration
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9. Premises to be suitable
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10. Dairy and cowshed requirements
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11. Milk not to be deposited in place where liable to become infected or contaminated
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12. Permitted number of cows to be painted on the doors of cowshed
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13. Dairies not to communicate with bedrooms, etc.
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14. Thorough cleanliness to be maintained in dairies
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15. Requirements as to premises
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16. Occurrence of certain diseases in cattle to be notified
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17. Local authority may cancel certificate of registration in certain cases
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18. Milk purveyors to be licensed
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19. Licensed purveyor of milk to carry certificate of licence
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20. Provisions as to certificates of licence
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21. Application for certificate of licence
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22. Form of certificate of licence
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23. Licensed purveyors of milk must report changes as to employment
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24. Purveyor of milk to be healthy
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25. Delivery vehicles
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26. Local authority may cancel certificate of licence in certain cases
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27. Surplus milk from one or two milch cows sold to immediate neighbours
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28. Certain milk not to be sold
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29. Use of infected milk for feeding animals
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30. Infected persons not to enter dairies or handle milk or milk vessels
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31. Outbreak of disease to be notified
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32. Outbreak of sickness attributable to milk
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33. Power to forbid sale or use of milk in certain cases
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34. Milk receptacles to be provided with approved covers
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35. Milk receptacles to be clean and of approved pattern
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36. Cleansing of person and clothing whilst handling or conveying milk
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37. Presumption
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38. Revoked by L.N. 294/1979, r. 2.
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39. Comparative records of inspections and examinations
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40. Revoked by L.N. 294 of 1979, r. 2.
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41. Offences
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42. Bovines not to be kept within thirty-five feet of a dwelling
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43. Information to be given when required as to place of production of milk
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44. Powers of entry and inspection
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45. Veterinary officer may enter premises and inspect milch cattle
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46. Veterinary officer may require milch cattle to be assembled for inspection
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47. Obstruction of officers
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48. Court may cancel certificate on conviction for offence
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49. General penalty
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50. Local authority may proceed against servant or agent
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51. Rules to apply mutatis mutandis to milk intended for human food other than cow’s milk
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52. Rules not to apply to hotels, boarding houses, etc.
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THE PUBLIC HEALTH (PORT, AIRPORT AND FRONTIER HEALTH) RULES
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THE PUBLIC HEALTH (FEES) RULES
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INFECTIOUS DISEASES DECLARED TO BE NOTIFIABLE DISEASES
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THE PUBLIC HEALTH (DECLARATION OF FORMIDABLE EPIDEMIC DISEASE) ORDER
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THE PUBLIC HEALTH (DECLARATION OF FORMIDABLE EPIDEMIC DISEASE) ORDER
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PUBLIC HEALTH (COVID-19 RESTRICTION OF MOVEMENT OF PERSONS AND RELATED MEASURES)
(KILIFI COUNTY) ORDER, 2020
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PUBLIC HEALTH (COVID-19 RESTRICTION OF MOVEMENT OF PERSONS AND RELATED MEASURES)
(NAIROBI METROPOLITAN AREA) ORDER, 2020
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PUBLIC HEALTH (COVID-19 RESTRICTION OF MOVEMENT OF PERSONS AND RELATED MEASURES)
RULES, 2020
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PUBLIC HEALTH (COVID-19 RESTRICTION OF MOVEMENT OF PERSONS AND RELATED MEASURES) (KWALE COUNTY) ORDER
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PUBLIC HEALTH (COVID-19 RESTRICTION OF MOVEMENT OF PERSONS AND RELATED MEASURES) (MOMBASA COUNTY) ORDER, 2020
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PUBLIC HEALTH (PREVENTION, CONTROL AND SUPRESSION OF COVID-19) RULES, 2020
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PUBLIC HEALTH (COVID-19 RESTRICTION OF MOVEMENT OF PERSONS AND RELATED MEASURES)
RULES, 2020
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PUBLIC HEALTH (COVID-19 RESTRICTION OF MOVEMENT OF PERSONS AND RELATED MEASURES)
(KILIFI COUNTY) ORDER, 2020
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PUBLIC HEALTH (COVID-19 RESTRICTION OF MOVEMENT OF PERSONS AND RELATED MEASURES) (MOMBASA COUNTY) ORDER
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PUBLIC HEALTH (COVID-19 RESTRICTION OF MOVEMENT OF PERSONS AND RELATED MEASURES) RULES
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PUBLIC HEALTH (COVID-19 RESTRICTION OF MOVEMENT OF PERSONS AND RELATED MEASURES)(NAIROBI METROPOLITAN AREA) ORDER
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PUBLIC HEALTH (PREVENTION, CONTROL AND SUPRESSION OF COVID-19) RULES
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PUBLIC HEALTH (COVID-19 RESTRICTION OF MOVEMENT OF PERSONS AND RELATED MEASURES) VARIATION RULES, NO. 2 OF 2020
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THE PUBLIC HEALTH (COVID-19 GENERAL PUBLIC SAFETY) RULES
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PUBLIC HEALTH (COVID-19 OPERATION OF RESTAURANTS) RULES
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PUBLIC HEALTH (COVID-19 RELIGIOUS GATHERINGS) RULES
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THE PUBLIC HEALTH (COVID-19 OPERATION OF PUBLIC SERVICE VEHICLES) RULES
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THE PUBLIC HEALTH (COVID-19 SALE OF ALCOHOLIC DRINKS) RULES
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THE PUBLIC HEALTH (COVID-19 INDOOR MEETINGS) RULES
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THE PUBLIC HEALTH (DECLARATION OF FORMIDABLE EPIDEMIC DISEASE) ORDER
1. |
Citation
This Order may be cited as the Public Health (Declaration of Formidable Epidemic Disease) Order, 2020.
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2. |
Declaration of formidable disease
The coronavirus disease 2019 is hereby declared to be a formidable epidemic disease.
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THE TRANSFER OF POWERS (MINISTER FOR LOCAL GOVERNMENT, HEALTH AND HOUSING) (NO. 1) ORDER, 1956
IN EXERCISE of the powers conferred by section 2 of the Transfer and Delegation of Powers Ordinance, 1955, the Governor, with the approval of the Legislative Council, hereby makes the following Order :—
1. This Order may be cited as the Transfer of Powers (Variation) (No. 2) Order.
2. The Orders specified in the Schedule to this Order are hereby varied by transferring, to the Ministers for the time being respectively responsible for the matters in question, the exercise of the powers and the performance of duties specified in the Schedules to the said Orders from the several Ministers to whom those powers and duties were respectively transferred by the said Orders.
SCHEDULE
The Transfer of Powers (Minister for Internal Security and Defence) (No. 1) Order, 1955.
G.N. 1566/55.
The Transfer of Powers (Minister for Education, Labour and Lands) (No. 1) Order, 1955.
G.N. 1603/55.
The Transfer of Powers (Minister for Agriculture, Animal Husbandry and Water Resources) (No. 1) Order, 1955.
G.N. 1720/55.
The Transfer of Powers (Minister for Education, Labour and Lands) (No. I) Order, 1956.
L.N.140/56.
The Transfer of Powers (Minister for Local Government, Health and Housing) (No. 1) Order, 1956.
L.N.187/56.
The Transfer of Powers (Minister for Legal Affairs) (No. 1) Order, 1956.
L.N. 299/56.
The Transfer of Powers (Minister for Commerce and Industry and Minister for Tourism and Common Services) (No. 1) Order, 1956.
L. N. 342/56.
The Transfer of Powers (Chief Secretary) (No. 1) Order, 1956.
L.N. 362/56.
The Transfer of Powers (Minister for Works) (No. 1) Order, 1956.
L.N. 551/56.
The Transfer of Powers (Minister for Local Government, Health and Housing) (No. 1) Order, 1957.
L. N. 110/57.
The Transfer of Powers (Minister for Forest Development, Game and Fisheries) Order, 1956.
L.N. 210/57.
The Transfer of Powers (Minister for Local Government, Health and Housing) (No. 3) Order, 1957.
L.N. 287/57.
The Transfer of Powers (Minister for Community Development) (No. 1) Order, 1957.
L.N. 379/57.
The Transfer of Powers (Minister for Finance and Development) (No. 1) Order, 1957.
L.N. 452/57.
The Transfer of Powers (Minister for Finance and Development) (No. 2) Order, 1957.
L.N. 503/57.
The Transfer of Powers (Minister for Local Government, Health and Town Planning) (No. 2) Order, 1958.
L.N. 476/58.
The Transfer of Powers (Minister for Tourism and Common Services) (No. 1) Order, 1958.
L.N. 493/58.
The Transfer of Powers (Agriculture and Animal Husbandry) (No. 1) Order, 1959.
L.N. 212/59.
The Transfer of Powers (Agriculture) Order, 1959.
L.N. 509/59.
PUBLIC HEALTH (COVID-19 RESTRICTION OF MOVEMENT OF PERSONS AND RELATED MEASURES)
(KILIFI COUNTY) ORDER, 2020
1. |
Citation
This Order may be cited as the Public Health (COVID-19 Restriction of Movement of Persons and Related Measures) (Kilifi County) Order, 2020.
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2. |
Interpretation
In this Order, unless the context otherwise requires—
"Kilifi County" means that area covering Kilifi County and all the adjoining areas as delineated on the map set out in Schedule I.
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3. |
Restriction of movement
The Public Health (COVID-19 Restriction of Movement of Persons and Related Measures) Rules, 2020 shall be in force in Kilifi County for twenty-one days with effect from 1900HRS on Wednesday 8 April 2020 until 2359HRS on Wednesday 29 April 2020.
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THE TRANSFER OF POWERS (MINISTER FOR LOCAL GOVERNMENT, HEALTH AND HOUSING) (NO. 2) ORDER
IN EXERCISE of the powers conferred by section 2 of the Transfer and Delegation of Powers Ordinance, 1955, the Governor in Council of Ministers, with the approval of the Legislative Council, hereby makes the following Order :—
1. |
This Order may be cited as the Transfer of Powers (Variation) (No. 3) Order.
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2. |
The Orders specified in the Schedule to this Order are hereby varied by transferring, to the Ministers for the time being respectively responsible for the matters in question, the exercise of the powers and the performance of the duties specified in the Schedule to the said Orders from the several Ministers to whom those powers and duties were respectively transferred by the said Orders.
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SCHEDULE
The Transfer of Powers (Chief Secretary) (No. 2) Order, 1955.
G.N. 1569/55.
The Transfer of Powers (Minister for Internal Security and Defence) (No. 2) Order, 1955.
G.N. 1602/55.
The Transfer of Powers (Minister for Education, Labour and Lands) (No. 2) Order, 1955.
G.N. 1605/55.
The Transfer of Powers (Minister for Forest Development, Game and Fisheries) Order, 1955.
G.N. 1681 / 55.
The Transfer of Powers (Minister for Agriculture, Animal Husbandry and Water Resources) (No. 2) Order, 1955.
G.N. 1721/55.
The Transfer of Powers (Minister for Education, Labour and Lands) (No. 2) Order, 1956.
L.N. 141/56.
The Transfer of Powers (Minister for Local Government, Health and Housing) (No. 2) Order, 1956.
L.N. 188/56.
The Transfer of Powers (Minister for Legal Affairs) (No. 2) Order, 1956.
L.N. 300/56.
The Transfer of Powers (Minister for Commerce and Industry and Minister for Tourism and Common Services)(No. 2) Order, 1956.
L.N. 343/56.
The Transfer of Powers (Minister for African Affairs) (No. 2) Order, 1956.
L.N. 370/56.
The Transfer of Powers (Minister for Finance and Development) (No. 1) Order, 1956.
L.N. 397/56.
The Transfer of Powers (Minister for Works) (No. 2) Order, 1956.
L.N. 562/56.
The Transfer of Powers (Minister for African Affairs) (No. 3) Order, 1956.
L.N. 563/56.
The Transfer of Powers (Minister for Local Government, Health and Housing) (No. 2) Order, 1957.
L.N. 111 /57.
The Transfer of Powers (Minister for Local Government, Health and Housing) (No. 4) Order, 1957.
L.N. 288/57.
The Transfer of Powers (Minister for Community Development) (No. 2) Order, 1957.
L.N. 380/57.
The Transfer of Powers (Minister for Finance and Development) (No. 2) Order, 1957.
L.N. 453/57.
The Transfer of Powers (Minister for Local Government, Health and Town Planning) Order, 1958.
L.N. 369/58.
The Transfer of Powers (Agriculture and Animal Husbandry) (No. 2) Order, 1959.
L.N. 242/59.
THE PUBLIC HEALTH (INTRODUCTION OF PERSONS AND THINGS BY AIRCRAFT) ORDER
ARRANGEMENT OF ORDERS
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Drainage and Sewerage Provisions, etc.
4. |
Local authority to enforce drainage of undrained buildings
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5. |
Two or more buildings may be drained by combined operation
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6. |
New buildings must be drained
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7. |
Local authority may require sinks, drains or other necessary appliances to be provided to buildings
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8. |
Conversion of latrines into water-closets
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9. |
Where sewer available, local authority may require it to be used
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10. |
Maintenance of drains and drainage works
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11. |
Examination of drains, latrines, cesspools and septic tanks
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12. |
Local authority may test drains
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14. |
Penalty for unauthorized building over sewers or under streets
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15. |
Injurious matters not to be passed into sewers
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16. |
Power to prohibit the passing of solid matter, steam, chemical refuse, etc., into sewers
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17. |
Brewery or manufacturing sewage
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18. |
Power to make inspection chamber in manufacturing premises
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19. |
Rain-water pipes not to communicate directly with a closed drain
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20. |
Notice to be given of intention to make a sewer connexion
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21. |
Sewer connexions not to be made without permission
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22. |
Drainage works in streets and other public places
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23. |
Local authority may arrange with owners to carry out private drainage works
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24. |
Owner outside district may arrange with local authority to connect to sewer
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25. |
Charges to cover supervision, etc.
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26. |
Tins, bottles, etc., not to be allowed to enter drains
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27. |
Traps, gullies and ventilation pipes to be kept free from obstruction
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28. |
Excavation for and laying of drains
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29. |
Requirements for construction of closed drains
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30. |
Requirements for construction of drains
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31. |
Inlets to drains to be trapped
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32. |
No right-angled junctions to be made
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33. |
Drains to be trapped from cesspools and septic tanks, etc.
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34. |
Drains not to be trapped from sewers
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35. |
Provision of inspection chambers on drains
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36. |
Ventilation of drains
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37. |
No inlets to drains within buildings
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38. |
Requirements for soil-pipes
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39. |
Anti-syphonage pipes to soil-pipes
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40. |
Connexion of lead pipe with an iron pipe
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41. |
Connexion of stoneware pipe with a lead pipe
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42. |
Connexion of lead pipe with a stoneware pipe
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43. |
Connexion of iron pipe with stoneware pipe
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44. |
Connexion of stoneware pipe, with an iron pipe
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Waste-Pipes and Waste-Water Fittings
45. |
Requirements for waste-pipes and waste-water fittings
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46. |
Rain-water pipes not to be used for conveying soil-water or waste-water
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47. |
Overflow pipe not to be connected with any drain or ventilating pipe
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Water-Closets, Slop-Hoppers, Urinals, etc.
53. |
Traps and joints of soil-water fittings
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54. |
Requirements for construction of soil-water fittings
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55. |
Automatic water-flushing cisterns not to be provided without permission
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56. |
Automatic water-flushing cisterns
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57. |
Water-closets to be kept provided with sufficient supply of water
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58. |
Position and enclosure of soil-water fittings
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59. |
Window and ventilation for soil-water fitting
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60. |
Trough-closets to open to external air
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61. |
Conditions for construction of water-closets
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Septic Tanks and Sewage Filter Installations, etc.
62. |
Requirements as to septic tanks, etc.
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Deposit of Drainage Plans, Giving of Notices, etc.
64. |
Notice to be given and plans deposited of new drainage works
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65. |
Addition to, partial construction, reconstruction or alteration of existing drainage works
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66. |
Copy of plans, etc., to belong to local authority
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67. |
Approval of drainage plans
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68. |
Drainage work not to be commenced before approval obtained
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69. |
In default of local authority drainage work may be proceeded with
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70. |
Alteration and construction of drainage work in cases of urgency
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71. |
Works notice before drainage work is commenced
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72. |
Notice that work is completed and ready for testing
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73. |
Drainage work not to be covered up until tested and approved
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74. |
Certificate to be issued on completion of drainage
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75. |
Fresh notice to be given if work not proceeded with within one year
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76. |
Unauthorized drainage work
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Licensing of Plumbers and Drainlayers
77. |
Drainage work to be carried out by licensed plumbers and drainlayers
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78. |
Plumbers and drainlayers must satisfy local authority of their competency
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79. |
Register of licensed persons to be kept by local authority and signed by licensees
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80. |
Licence to be produced for inspection
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81. |
Cancellation of licence
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Provision of Latrine Accommodation
83. |
New buildings must be provided with latrine accommodation
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84. |
Local authority to require latrine accommodation in existing buildings
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85. |
Latrines for factories and workshops, etc.
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86. |
Latrines for hotels, boarding-houses, theatres, public halls, etc.
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87. |
Temporary latrines for workmen
|
88. |
Latrines for different races
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89. |
Improper use of latrines used in common
|
90. |
Improper use of public latrines
|
91. |
No latrine other than water-closet to be constructed within 200 feet of sewer
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92. |
No latrine other than water-closet or urinal inside dwelling
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93. |
Latrines other than water-closets and urinals to be protected against flies
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94. |
Local authority to enforce protection of latrines against flies
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95. |
Requirements as to pail-closets
|
96. |
Pit-closets not to be constructed without permit from local authority
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97. |
Notices may be printed or written
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99. |
Defect in form not to invalidate notices
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4. |
Dairies to be registered
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5. |
Local authority may register dairy outside district
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6. |
Provisions as to certificates of registration
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7. |
Application for registration
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8. |
Form of certificate of registration
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9. |
Premises to be suitable
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10. |
Dairy and cowshed requirements
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11. |
Milk not to be deposited in place where liable to become infected or contaminated
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12. |
Permitted number of cows to be painted on the doors of cowshed
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13. |
Dairies not to communicate with bedrooms, etc.
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14. |
Thorough cleanliness to be maintained in dairies
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15. |
Requirements as to premises
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16. |
Occurrence of certain diseases in cattle to be notified
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17. |
Local authority may cancel certificate of registration in certain cases
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18. |
Milk purveyors to be licensed
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19. |
Licensed purveyor of milk to carry certificate of licence
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20. |
Provisions as to certificates of licence
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21. |
Application for certificate of licence
|
22. |
Form of certificate of licence
|
23. |
Licensed purveyors of milk must report changes as to employment
|
24. |
Purveyor of milk to be healthy
|
26. |
Local authority may cancel certificate of licence in certain cases
|
27. |
Surplus milk from one or two milch cows sold to immediate neighbours
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28. |
Certain milk not to be sold
|
29. |
Use of infected milk for feeding animals
|
30. |
Infected persons not to enter dairies or handle milk or milk vessels
|
31. |
Outbreak of disease to be notified
|
32. |
Outbreak of sickness attributable to milk
|
33. |
Power to forbid sale or use of milk in certain cases
|
34. |
Milk receptacles to be provided with approved covers
|
35. |
Milk receptacles to be clean and of approved pattern
|
36. |
Cleansing of person and clothing whilst handling or conveying milk
|
38. |
Revoked by L.N. 294/1979, r. 2.
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39. |
Comparative records of inspections and examinations
|
40. |
Revoked by L.N. 294 of 1979, r. 2.
|
42. |
Bovines not to be kept within thirty-five feet of a dwelling
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43. |
Information to be given when required as to place of production of milk
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44. |
Powers of entry and inspection
|
45. |
Veterinary officer may enter premises and inspect milch cattle
|
46. |
Veterinary officer may require milch cattle to be assembled for inspection
|
47. |
Obstruction of officers
|
48. |
Court may cancel certificate on conviction for offence
|
50. |
Local authority may proceed against servant or agent
|
51. |
Rules to apply mutatis mutandis to milk intended for human food other than cow’s milk
|
52. |
Rules not to apply to hotels, boarding houses, etc.
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PUBLIC HEALTH (COVID-19 RESTRICTION OF MOVEMENT OF PERSONS AND RELATED MEASURES)
(NAIROBI METROPOLITAN AREA) ORDER, 2020
1. |
Citation
This Order may be cited as the Public Health Citation (COVID- 19 Restriction of Movement of Persons and Related Measures) (Nairobi Metropolitan Area) Order, 2020.
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2. |
Interpretation
In this Order, unless the context otherwise requires—
"Nairobi Metropolitan Area" means Nairobi City County and all the adjoining areas including Part of Kiambu County up to Chania River Bridge (Thika), including Rironi, Ndenderu, Kiambu Town; Part of Machakos County, up to Athi-River including Katani; Part of Kajiado County including Isinya, Kiserian, Ongata Rongai and Ngong Town; and all other areas as delineated on the map set out in Schedule I.
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3. |
Restriction of Movement
The Public Health (COVID-19 Restriction of Movement of Persons and Related Measures) Rules, 2020 shall be in force in the Nairobi Metropolitan Area for twenty-one days with effect from 1900HRS on Monday 6 April 2020 until 2359HRS on Monday 27 April 2020.
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THE PUBLIC HEALTH (INTRODUCTION OF PERSONS AND THINGS BY AIRCRAFT) ORDER
1. |
This Order may be cited as the Public Health (Introduction of Persons and Things by Aircraft) Order.
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2. |
All the provisions of Part VI of the Act are applied mutatis mutandis to persons, animals, articles and things entering or introduced into, or departing or removed from, Kenya by means of aircraft, subject to the following modifications (which are without prejudice to any other modifications necessary to give full effect to the purposes of this Order)—
(a) |
“master”, wherever it appears throughout the said Part, shall be read and construed as meaning the officer for the time being in command of the aircraft;
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(b) |
“vessel”, wherever it appears throughout the said Part, shall be read and construed as meaning “aircraft”;
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(c) |
“port”, wherever it appears throughout the said Part, shall be read and construed as meaning “airport”.
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PUBLIC HEALTH (CENTRAL BOARD OF HEALTH) RULES
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[Cap. 130 of (1948), Sub. Leg. L.N. 306/1993.]
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RULES UNDER SECTION 7
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1. |
These Rules may be cited as the Public Health (Central Board of Health) Rules.
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2. |
The board shall meet for the dispatch of business as often as may be necessary, but not less than once in every quarter.
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3. |
(1) The chairperson may at any time, and shall on the request in writing of not less than four members, call a special meeting of the board for a date within fourteen days of the presentation of the request.
(2) The notice of any meeting shall be signed by the secretary and circulated among all the members of the board.
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4. |
All acts, matters or things authorized or required to be done by the board, and all questions that may come before it, shall be done and decided by the majority of the members who are present at any meeting at which not less than four members are present.
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5. |
The chairperson shall have an original vote in common with the other members, and also a casting vote if upon any question the vote is equal.
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6. |
Minutes of the proceedings of every meeting of the board shall be regularly entered in a book to be kept for that purpose, and minutes of proceedings of a meeting of the board signed at the next ensuing meeting by the chairperson of the meeting at which the minutes are signed shall be received as evidence without further proof.
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7. |
Every order, notice or other document requiring authentication by the board shall be sufficiently authenticated if signed by the chairperson or by any member of the board acting as chairman and by the secretary.
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8. |
There shall be paid to the members of the Board such allowances as the Director of Personnel Management may from time to time authorize.
[L.N. 306/1993, r. 2.]
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INFECTIOUS DISEASES DECLARED TO BE NOTIFIABLE DISEASES
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[Cap. 130 of (1948), Sub. Leg. L.N. 49/2003.]
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RULES UNDER SECTION 17(2)(A)
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Influenza
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Relapsing fever,
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Blackwater fever,
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Encephalitis lethargica,
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Yellow fever,
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Kala-azar,
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Malaria, microscopically diagnosed within the municipality of Kitale,
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Bacillary dysenteryAmoebic dysentry
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Within the municipality of Nairobi,
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Severe Acute RespiratorySyndrome (SARS).
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PROVISIONS OF THE ACT WHICH ARE DECLARED ALONE TO APPLY TO PARTICULAR NOTIFIABLE INFECTIOUS DISEASES
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[Cap. 130 of (1948), Sub. Leg.]
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RULES UNDER SECTION 17(2)(B)
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Only the provisions of Part VI of the Act apply in regard to the notification of the following disease—
Influenza;
Measles;
Whooping cough.
AREAS TO WHICH THE PROVISIONS OF THE ACT AS REGARDS THE NOTIFICATION OF PARTICULAR DISEASES IS RESTRICTED
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[Cap. 130 of (1948), Sub. Leg.]
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RULES UNDER SECTION 17(2)(C)
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The provisions of the Act are restricted, as regards the notification of yaws, to the municipalities of Nairobi, Nakuru, Eldoret and Mombasa.
PUBLIC HEALTH (SLEEPING SICKNESS) RULES
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[Cap. 130 of (1948), Sub. Leg.]
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1. |
These Rules may be cited as the Public Health (Sleeping Sickness) Rules.
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2. |
In these Rules, “the area” means the district or part of a district in which these Rules are declared to be in force.
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3. |
(1) No person shall, except with a written permit of an administrative officer, enter, reside or remain in the area.
(2) Subject to these Rules, an administrative officer may issue the permit.
(3) The applicant for a permit shall present himself for medical examination by a medical officer of health, and unless the medical officer of health certifies that his condition justifies the issue of the permit the administrative officer shall refuse to issue it.
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4. |
The administrative officer may at any time in his absolute discretion cancel any permit granted under these Rules:
Provided that no such permit shall be cancelled unless at least seven days’ previous notice of his intention to do so is given to the permit holder.
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5. |
Any medical officer of health may require any person whom he knows or suspects to be infected with sleeping sickness within the area to submit himself for examination or treatment or both, at such time and place as the medical officer of health may prescribe, and any person who on being so required refuses or neglects to be so examined or treated shall be guilty of an offence.
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6. |
(1) Subject to the provisions of any law for the time being in force, any administrative officer within the limits of the area may for the purpose of arresting or preventing the outbreak or spread of sleeping sickness issue orders to be obeyed by any person residing in or entering the area.
(2) Such orders may—
(a) |
direct the making and maintenance of protective clearings;
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(b) |
direct what crops may or may not be planted in the area;
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(c) |
prohibit or restrict the planting of crops in certain specified areas;
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(d) |
direct persons resident within the area to move either temporarily or permanently outside such area or from one place to another place within the area.
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(3) Any person who in disregard of any order issued under this section does any act which he is prohibited from doing or omits to do any act which he is required to do thereunder shall be guilty of an offence.
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7. |
Any person who is guilty of an offence or contravenes any of the provisions of these Rules shall be liable on conviction to a penalty not exceeding four hundred shillings or to imprisonment for a term not exceeding one month or to both.
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ORDERS UNDER SECTION 36
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[Cap. 130 of (1948), Sub. Leg.]
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The Public Health (Sleeping Sickness) Rules are in force within the following parts of districts—
(a) |
the area in Lake Victoria from a point half a mile south of Sio Port to the mouth of the Nzoia River and the land extending back from the lake water’s edge for one mile;
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(b) |
all the islands in Lake Victoria which are included in the districts of the local authorities of Central Nyanza and South Nyanza, excepting the following islands—
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Mfangano;
Rusinga;
Sirigombe;
Gathi;
Kiwa;
Kimabono.
The Public Health (Sleeping Sickness) Rules (G.N. 457/1949, Sub. Leg.), excepting rules 3 and 4 thereof, are in force within the following parts of districts—
(a) |
the area within a radius of ten miles of Kibigori;
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(b) |
the area within a radius of ten miles of Chemilil;
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(c) |
the area within a radius of ten miles of Muhoroni;
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(d) |
the area within a radius of ten miles of Fort Ternan.
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PUBLIC HEALTH (TSETSE FLY AREAS) RULES
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[Cap. 130 of (1948), Sub. Leg.]
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1. |
These Rules may be cited as the Public Health (Tsetse Fly Areas) Rules, and shall apply to the areas specified in the Schedule.
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2. |
In these Rules—
“clearing” means an area of land upon which there is no cut or uncut vegetation;
“employer” includes any company, syndicate, partnership or firm engaged in prospecting, mining operations or any other work, and the manager of any company, syndicate, partnership or firm;
“uncut vegetation” means vegetation exceeding one foot in height.
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3. |
Any person who resides or works in any place for more than fourteen days, and any employer who employs any person to work in any such place for more than fourteen days, shall cause a clearing to be made.
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4. |
Subject to rule 3 and save for the purpose of making a clearing, no person shall reside, work, use any watering, bathing or landing place, stack timber or erect a building in any place, and no employer shall permit any person employed by him to do any of such things in any place, unless a clearing of at least three hundred yards separates such person from any cut or uncut vegetation.
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5. |
Any person who contravenes any of the provisions of these Rules shall be guilty of an offence and liable to a fine not exceeding five hundred shillings or to imprisonment for a term not exceeding two months or to both.
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1. |
The shore of Lake Victoria to a depth of half a mile between the mouth of the Sio River on the Uganda boundary and the south side of Mohoru promontory on the Tanzania boundary, except the portion of the head of the Kavirondo Gulf between the mouth of the Kisiani River on the north shore and the mouth of the Awasi River about four miles west of Kendu on the south shore.
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2. |
All the islands in Lake Victoria within the Kenya boundary.
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3. |
All areas within half a mile of all rivers and tributaries thereof running into Lake Victoria except—
(a) |
the Nyando at the south-east corner and the Kisiani on the north shore, near 34o 40’ longitude, of the Kavirondo Gulf, and those between those two rivers;
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(b) |
the Boha, Awatch and Nyendiwa on the north shore of the Kavirondo Gulf;
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(c) |
the portion of the Yala from the mouth to its junction with Lake Kanyaboli, and up-stream from its junction with the Nyarodi River;
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(d) |
the Lambwe (South Kavirondo) south of a point two miles from its mouth; and
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(e) |
such portions of the Kuja and tributaries as lie north of 0o 40’ S. latitude and east of 34o 30’ E. longitude.
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PUBLIC HEALTH (RATS AND MICE DESTRUCTION) RULES
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[Cap. 130 of (1948), Sub. Leg.]
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1. |
These Rules may be cited as the Public Health (Rats and Mice Destruction) Rules.
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2. |
It shall be the duty of every local authority to cause to be made, from time to time, inspection of its district with a view to ascertaining whether any lands or premises within its district are infested with rats or mice, and to enforce the provisions of these Rules.
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3. |
Any person who fails to take such steps as may from time to time be necessary and reasonably practicable for the destruction of rats and mice on or in any land or premises of which he is the owner or occupier, or for preventing such land or premises from becoming infested with rats or mice, shall be guilty of an offence and liable to a fine not exceeding two hundred shillings.
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4. |
(1) Where a local authority is of opinion that the owner or occupier of any land or premises in its district has failed to take such steps as are required by rule 3, such local authority may either serve a notice on the owner or occupier requiring him to take such steps or execute such works as are prescribed in the notice within a time specified therein, or, after not less than twenty-four hours’ previous notice to the owner or occupier, enter upon the land or premises and take such steps as are necessary and reasonably practicable for the purpose of destroying the rats and mice on the land or premises or of preventing the land or premises from becoming infested with rats or mice, and may recover any reasonable expenses so incurred from the owner or occupier as a civil debt recoverable summarily.
(2) Any person who fails to comply with the requirements of a notice served by a local authority under this rule shall be guilty of an offence and liable to a fine not exceeding five hundred shillings and in addition to a fine not exceeding sixty shillings for each day during which he shall make default.
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5. |
A medical officer of health, a sanitary inspector or any person duly authorized by the local authority may enter any land or premises in the district of such local authority for the purpose of ascertaining whether the steps required by rule 3 are being taken, or of executing and enforcing these Rules in any other respect.
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PUBLIC HEALTH (RAT VIRUS) RULES
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[Cap. 130 of (1948), Sub. Leg.]
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1. |
These Rules may be cited as the Public Health (Rat Virus) Rules.
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2. |
The importation or the manufacture or use of any living bacterial preparations for the destruction of rats is prohibited, except under a permit from the Director of Medical Services and subject to such conditions as the Director of Medical Services may specify.
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EXEMPTIONS UNDER SECTION 57, PROVISO
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[Cap. 130 of (1948), Sub. Leg.]
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All vessels engaged solely in the coasting trade and plying only between the ports of Kenya are exempted from the provisions of section 58 of the Act and of rule 11 of the Public Health (Port, Airport and Frontier Health) Rules.
TARIFF OF CHARGES PRESCRIBED
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[G.N. 1086/1949.]
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UNDER SECTION 73(J)
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The following charges, based on net tonnage, are payable by masters or owners or agents of vessels in respect of the inspection of a vessel and the issue of a deratization certificate or of a deratization exemption certificate by the Port Health Officer—
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Sh.
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cts.
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For ships of up to 300 tons ………………………….
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10
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50
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For ships from 301 tons to 1,000 tons ………………………….
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21
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00
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For ships from 1,001 tons to 3,000………………………….
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42
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00
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For ships from 3,001 tons to 10,000………………………….
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63
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00
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For ships over 10,000 tons………………………….
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84
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00
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The above charges are in addition to any charges that may be made for any fumigation or deratization by the port authorities.
PUBLIC HEALTH (DRAINAGE AND LATRINE) RULES
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[Cap. 130 of (1948), Sub. Leg. L.N. 138/1959, L.N. 92/1960.]
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1. |
Citation
These Rules may be cited as the Public Health (Drainage and Latrine) Rules.
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2. |
Application
The Minister may, by notice in the Gazette, declare that on and after a specified date the whole of these Rules or specified provisions thereof shall apply to the whole or a specified part of the district of any local authority, hereinafter referred to as the local authority.
[L.N. 138/1959, r. 2.]
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3. |
Interpretation
In these Rules, unless the context otherwise requires—
“closed drain” means any drain constructed of pipes or in the form of an enclosed conduit;
“cement” and “Portland cement” mean Portland cement which conforms in every respect with the current British Standard Specification for Ordinary Portland Cement and Rapid Hardening Cement;
“drainage works” means the construction, installation, laying, connecting, fixing, repair or removal of any pipe, drain, gully, cesspool, septic tank, sewage filter installation or other works for the discharge, reception or disposal of sewage in connexion with any premises, or of any waste-pipe, soil-pipe, trap, urinal, water-closet, slop-hopper, sink, bath, lavatory basin, ventilation pipe or antisyphonage pipe, or any drain fitting or water- flushing cistern, or any works connected with the discharge of liquid or soiled matter into any drain, sewer, cesspool, septic tank, sewage filter installation or other like receptacle for drainage, or otherwise connected with the drainage of any premises;
“domestic building” includes any building in human use, or intended for human use, whether for purposes of business or residence or amusement;
“dwelling-house” means a building or any part or portion of a building used, or constructed, adapted or designed to be used, for human habitation, as a separate tenancy, or by one family only, whether detached, semi-detached or separated by party walls or by floors from adjoining buildings, together with such outbuildings as are reasonably required to be used or enjoyed therewith;
“earth-closet” means a pail-closet furnished with means for sprinkling earth, ashes or any other material for the purpose of absorbing or covering the excremental matter;
“housemaid’s sink” means any fitting used or intended to be used in connexion with the cleansing of toilet-ware but neither used nor intended to be used for the reception of any excremental liquid or substance;
“latrine” includes privy, urinal, pail-closet, pit-closet, earth-closet, chemical-closet and water-closet;
“latrine accommodation” includes a receptacle for human excreta, together with the structure containing and including such receptacle and the fittings and apparatus connected therewith;
“pail-closet” means latrine accommodation including a movable receptacle for human excreta;
“pit-closet” means latrine accommodation situated over any hole or excavation in the ground;
“plot” means any area of land being the subject of a separate conveyance, assignment or lease;
“sanitary inspector” means a sanitary inspector appointed by Government or by a local authority to act as such within the district of a local authority;
“sewage” means soil-water, waste waters and manufacturing or trade effluent;
“sewer” means any duct belonging to the local authority and constructed, acquired or maintained for the purpose of conveying sewage;
“sewer connexion” means any pipe junction, saddle or other contrivance constructed in any sewer belonging to the local authority for the purpose of receiving the discharge from any drain, or the drainage from one or more buildings into such sewer;
“slop-hopper” means any fitting intended for the reception of slop water from bedrooms or other waste waters containing excremental liquid or substance;
“soil-pipe” means any pipe fixed on or in any building for the purpose of conveying the discharges from any water-closet, slop-hopper, urinal or urinette, or any waste waters containing excremental liquid or substance;
“soil-water” means discharges from water-closets, slop-hoppers, urinals and urinettes, and all waters containing any excremental liquid or substance;
“soil-water fittings” means water-closets, slop-hoppers, urinals and urinettes, and all water fittings adapted or designed for the reception of matters of an excremental character which are or are to be connected to any system of drainage;
“water-closet” means latrine accommodation adapted or designed for the reception of human excreta, of both a solid and liquid character, used or adapted or intended to be used in connexion with a water carriage system, and comprising provision for the flushing of the receptacle by means of an approved water supply;
“waste-pipe” means any pipe for conveying waste water of a non-excremental character from baths, lavatory basins, sinks, housemaids’ sinks or butlers’ sinks;
“waste water” means discharge of a non-excremental character from baths, lavatory basins, sinks, housemaids’ sinks or butlers’ sinks;
“waste-water fittings” means baths, lavatory basins, sinks, housemaids’ sinks and butlers’ sinks.
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4. |
Local authority to enforce drainage of undrained buildings
(1) |
Where any building is without a drain sufficient for the effectual drainage of the same, the local authority shall by written notice require the owner of such building within a reasonable time therein specified to make a drain or drains emptying into any sewer belonging to the local authority which is at a suitable level, and which is not more than two hundred feet distant from any part of such building, but, if no such means of drainage are within that distance, then emptying into such covered tank or other like receptacle for drainage not being under any building or in such other manner as the local authority may direct; and the local authority may require any such drain or drains to be of such materials and size, and to be laid at such level and in such manner and with such falls, as may appear to the local authority to be necessary:
Provided that where, in the opinion of the local authority, greater expense would be incurred in causing the drains of two or more buildings to empty into an existing sewer pursuant to this rule than in constructing a new sewer and causing such drains to empty therein, the local authority may construct such new sewer, or cause such new sewer to be constructed, and require the owners of such buildings to cause their drains to empty therein, and may apportion as they deem just the expenses of the construction of such sewer, amongst the owners of the several buildings, and recover as a civil debt recoverable summarily the sums apportioned from such owners.
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(2) |
Any person who fails to comply with the requirements of any notice served under this rule within the time specified shall be guilty of an offence, and the local authority may, after the expiration of the time specified in the notice, do the work required, and may recover as a civil debt recoverable summarily the expenses incurred by it in so doing from the owner.
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5. |
Two or more buildings may be drained by combined operation
If it appears to the local authority that two or more buildings which are to be connected with any sewer belonging to the local authority either voluntarily or compulsorily may be drained more economically or advantageously in combination than separately, and a sewer of sufficient size belonging to the local authority already exists or is about to be constructed at a suitable level and within two hundred feet of any part of such buildings, the local authority may when the drains of such buildings are first laid order that such buildings be drained by a combined system of drainage to be constructed either by the local authority if it so decides or by the owners in such manner as the local authority directs, and the costs and expenses of the construction of such combined system of drainage and of the repair and maintenance thereof shall be apportioned between the owners of such buildings in such manner as the local authority determines, and if paid by the local authority may be recovered by it from such owners.
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6. |
New buildings must be drained
(1) |
No persons shall erect a new building or re-erect any building, any two external walls of which have been pulled down or burned down or which have fallen down to or below the level of the ground floor, or occupy or, being the owner thereof, permit to be occupied any building so newly erected or re-erected, unless a drain or drains have been constructed of such materials and size, and laid at such level, in such manner and with such fall, as may appear necessary to the local authority for the effectual drainage of such building; and the drain or drains so to be constructed shall empty into any sewer belonging to the local authority which is at a suitable level and which is within two hundred feet of any part of the site of the building to be erected or re-erected; and if no such means of drainage are within that distance then shall empty into such covered tank or other place, not being under any building, as the local authority may direct.
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(2) |
Any person who causes any building to be erected or re-erected or any drain to be constructed in contravention of this Rule shall be guilty of an offence.
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(3) |
Notwithstanding anything contained in these Rules, no person shall cause or permit any subsoil, surface, storm-water or rain-water, or any drain for the conveyance of such waters, to discharge into or communicate with any drain or sewer for the conveyance of sewage or waste water, or into any cesspool, septic tank or other receptacle for drainage except with the written permission or by the direction of the local authority, and then only on the condition that such subsoil, surface, storm-water or rain-water drain shall discharge directly into the open air over a trapped gully and above the level of the water therein, and no person shall cause or permit any sewage or waste-water drain to discharge into or communicate with any drain or sewer for the conveyance of subsoil, surface, storm-water or rain-water except with the written permission or by the direction of the local authority.
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7. |
Local authority may require sinks, drains or other necessary appliances to be provided to buildings
(1) |
If it appears to the local authority that any building built before or after the commencement of these Rules is not provided with a proper sink or drain or other necessary appliances for carrying off waste water from such building, the local authority may give notice in writing to the owner of such building requiring him, in the manner and within the time specified in such notice, to provide such sink, drain or other appliances.
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(2) |
If the owner makes default in complying with such requirement to the satisfaction of the local authority within the time specified in such notice, he shall be guilty of an offence, and in case of default the local authority may, if it thinks fit, itself provide such sink, drain or other appliances, and the expenses incurred by it in so doing shall be repaid to it by such owner, and may be recovered as a civil debt recoverable summarily.
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8. |
Conversion of latrines into water-closets
(1) |
If any privy, earth-closet, pail-closet, pit-closet or other closet not being a water- closet, or the building served by such privy, earth-closet, pail-closet, pit-closet or other closet not being a water-closet, is within two hundred feet of any sewer belonging to the local authority which is at a suitable level, and if there is a sufficient water supply, the local authority may, by written notice addressed to the owner of the same, require the said owner within a reasonable time, to be specified in such notice, to convert the privy, earth-closet, pail-closet, pit-closet or other closet not being a water-closet, into a water-closet and to connect the same to the said sewer, all as the case may require, in a manner and by the use of materials to be approved of by the local authority; and the local authority may, if it thinks fit, by written notice addressed to the owner, order the removal of such privy, earth-closet, pail-closet, pit- closet or other closet not being a water-closet, within a period specified in such notice.
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(2) |
Any such owner who fails to comply with the requirements of any notice served under this Rule, and that within the time specified, shall be guilty of an offence, and the local authority may, after the expiration of the time specified in the notice, do the work required, and may recover as a civil debt recoverable summarily the expenses incurred by it in so doing from the owner.
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9. |
Where sewer available, local authority may require it to be used
(1) |
Where the drainage of a building discharges into any cesspool or septic tank or into any other receptacle or place whatsoever not being a sewer belonging to the local authority, and such building is within two hundred feet of a sewer belonging to the local authority which is at a suitable level, the local authority may, by written notice addressed to the owner of the building, require the said owner, within a reasonable time to be specified in the notice, to cease to discharge or permit to be discharged into the said cesspool, septic tank, other receptacle or place any sewage and other waste water, and to cause all such sewage and other waste water to be discharged into the said sewer in a manner and by the use of materials to be approved by the local authority; and the local authority may, by written notice addressed to the owner, order such cesspool, septic tank, receptacle or place to be removed, filled in or otherwise suitably dealt with to its satisfaction, within a period specified in such notice.
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(2) |
Any such owner who fails to comply with the requirements of any notice served under this rule, and that within the time specified, shall be guilty of an offence.
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10. |
Maintenance of drains and drainage works
(1) |
The owner of any premises shall, at his own expense, maintain all drains and all drainage works constructed upon or in connexion with such premises in an efficient condition and in a proper state of repair to the satisfaction of the local authority.
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(2) |
In all cases where two or more buildings owned by more than one owner are drained by a combined system of drainage, such owners shall jointly and severally be responsible for the duty of, and for any costs and expenses incidental to, maintaining and repairing such combined system of drainage.
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11. |
Examination of drains, latrines, cesspools and septic tanks
(1) |
If it appears to the local authority that any drain, latrine, cesspool or septic tank constructed upon or in connexion with any premises is in a bad state of repair, or is inefficient or is a nuisance or injurious or dangerous to health, the local authority may, after having given twenty-four hours’ written notice to the occupier of such premises, or in case of emergency without notice, cause such premises to be entered, the ground to be opened and such drain, latrine, cesspool or septic tank to be examined.
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(2) |
If the drain, latrine, cesspool or septic tank on examination is found to be in a proper, sound and efficient condition, the local authority shall cause the ground to be closed, and any damage done to be made good as soon as can be, and the expenses of the works shall be defrayed by the local authority.
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(3) |
If the drain, latrine, cesspool, or septic tank on examination appears to be in a bad, defective or inefficient condition, or to require alteration or amendment, the local authority shall forthwith give notice in writing to the owner of the premises requiring him forthwith or within a reasonable time therein specified to carry out such works as may be necessary; and if the owner of such premises fails to comply with the requirements of any notice served under this Rule within the time specified he shall be guilty of an offence, and the local authority may, if it thinks fit, after the expiration of the time specified in the notice, carry out the work required, and may recover as a civil debt recoverable summarily the expenses incurred by it in so doing from the said owner.
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12. |
Local authority may test drains
(1) |
The local authority may, at any reasonable time, cause to be applied to any covered drain or drains, soil-pipe or ventilating pipe, constructed upon or in connexion with any premises, the smoke, air, chemical, coloured water or other test (not including a test by water under pressure).
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(2) |
If on the application of the test such drain or drains, soil-pipe or ventilating pipe, is or are found to be defective, the local authority shall, by written notice served upon the owner of such premises specifying generally the defect, require the said owner to do all works necessary for remedying it within a reasonable time to be specified in the notice, and if such owner fails to comply with the requirements of any notice served under this Rule within the time specified he shall be guilty of an offence, and the local authority may, if it thinks fit, after the expiration of the time specified in the notice, carry out the works required, and may recover as a civil debt recoverable summarily the expenses incurred by it in so doing from the owner.
|
(3) |
The owner and occupier of any premises shall give all reasonable facilities for the application of any test as provided for in this rule, and any owner or occupier who fails to do so shall be guilty of an offence.
|
|
13. |
Stoppages in drains
(1) |
Upon receipt of information as to a stoppage in any closed drain or drainage work constructed upon or in connexion with any premises, the local authority may cause a written notice of the stoppage as aforesaid to be served upon the owner of such premises requiring him, forthwith, to cause the stoppage to be removed.
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(2) |
If the said owner fails to comply forthwith with the requirements of any such notice as aforesaid, or if such owner cannot immediately be found, the local authority may itself cause the stoppage to be removed, and may recover as a civil debt recoverable summarily the expenses incurred in so doing.
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(3) |
Where two or more buildings owned by more than one owner are drained by a combined system of drainage, the costs and expenses incidental to the removal of any such stoppage as aforesaid shall be apportioned between the owners of such buildings in the manner provided in rule 5:
Provided that where the stoppage takes place in a section of any drain used by one occupier or owner only the costs and expenses incurred in its removal shall be borne by the owner of the building served by such section.
|
|
14. |
Penalty for unauthorized building over sewers or under streets
Any person who, without the written consent of the local authority—
(a) |
causes any building newly to be erected over any sewer belonging to the local authority; or
|
(b) |
causes any vault, arch or cellar newly to be constructed under the carriage- way or foot-way of any street vested in the local authority,
|
shall be guilty of an offence, and the local authority may cause any building, vault, arch or cellar constructed in contravention of the provisions of this rule to be altered, pulled down or otherwise dealt with as it may think fit, and may recover as a civil debt recoverable summarily any expenses incurred by it in so doing from the offender.
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15. |
Injurious matters not to be passed into sewers
Any person who throws or suffers to be thrown, or passes into any sewer belonging to the local authority or into any drain communicating therewith, any matter or substance by which the free flow of the sewage or other liquid waste may be interfered with, or by which any such sewer or drain may be injured, shall be guilty of an offence.
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16. |
Power to prohibit the passing of solid matter, steam, chemical refuse, etc., into sewers
(1) |
Where, in the opinion of the local authority, the introduction into any sewer belonging to the local authority of any solid matter, suspended matter, mud, chemical or manufacturing or trade or other refuse (inclusive of vapours or gaseous matters), or any steam, condensing water, heated waters or other liquid (such water or other liquid being of a higher temperature than one hundred and ten degrees of Fahrenheit), whether alone or in combination with other matter or liquid, and whether directly or through any drain or channel communicating with such sewer, either does or may cause a nuisance, or involve danger to the health of persons entering the sewers, or others, or is or may be harmful to the structure or materials of the sewers or other works of the local authority, or to the ground used by the local authority, the local authority may by written notice served upon the owner or occupier of any premises, absolutely prohibit from a date specified in such notice, not being earlier than fourteen days from the date of service of such notice, any such matter or matters as aforesaid being caused or permitted to fall, flow or enter, or to be carried or washed, into any sewer belonging to the local authority either directly or indirectly:
Provided that the local authority shall not be required to serve a notice upon the same person more than once.
|
(2) |
Any person who fails to comply with the requirements of any such notice after service thereof upon him shall be guilty of an offence.
|
|
17. |
Brewery or manufacturing sewage
The local authority may, in its absolute discretion, refuse to admit into any sewer belonging to the local authority any trade, brewery or manufacturing liquid waste, sewage or effluent unless the same has been freed of the grosser objectionable matters, and then only if the sewers in the vicinity belonging to the local authority are in the opinion of such authority of sufficient capacity to convey the trade, brewery or manufacturing liquid waste, sewage or effluent in addition to the ordinary domestic sewage flow of the areas served by such sewers.
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18. |
Power to make inspection chamber in manufacturing premises
The local authority shall, at its discretion, have power to construct, on any pipe or channel conveying trade or manufacturing liquid waste, sewage or effluent to any sewer belonging to the local authority, an inspection chamber, manhole, lamphole or other similar opening, of such dimensions as it may think fit, on any premises from which the liquid waste, sewage or effluent is derived, at the expense of the local authority without payment of any compensation to the owner or occupier of such premises, and any duly authorized officer of the local authority shall at all times have the right of access to such chamber or other opening and may examine the character, gauge the flow and take samples of the discharge from such premises.
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19. |
Rain-water pipes not to communicate directly with a closed drain
No person shall construct or fix any rain-water pipe or trunk which may be provided in connexion with any building for the purpose of conveying therefrom any water which may fall on any roof or flat thereof so as to discharge directly into a closed drain, but shall cause such rain-water pipe or trunk to be constructed or fixed so as to discharge directly into the open air, into an open channel or over a properly trapped gulley, or into such gully above the level of the water in the trap thereof:
Provided that this Rule shall not apply in any case where rainwater is intended to be conveyed through a closed drain to any receptacle properly constructed and adapted for the storage of such water and approved by the local authority.
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20. |
Notice to be given of intention to make a sewer connexion
(1) |
The owner of any building who intends to cause any drain constructed or to be constructed in connexion with such building to empty into a sewer belonging to the local authority shall give at least three days’ notice in writing in the prescribed form to the local authority of his intention to make a sewer connexion.
|
(2) |
So soon as the local authority is satisfied that the owner of the said building is entitled to cause such drain to empty into the said sewer, and that the making of such sewer connexion would not contravene any of the provisions of these Rules, the local authority shall issue a written permit to such owner authorising the making of such sewer connexion.
|
|
21. |
Sewer connexions not to be made without permission
(1) |
No person shall make any sewer connexion unless and until a written permit authorizing the making of such sewer connexion has been issued by the local authority, and no person shall make any sewer connexion otherwise than under the direction of and in a manner to be approved of by the local authority.
|
(2) |
Any person making or attempting to make any sewer connexion in contravention of the provisions of this Rule shall be guilty of an offence, and the local authority may close, demolish or remove any sewer connexion made in contravention of the provisions of this Rule, and may recover as a civil debt recoverable summarily from the person so offending any expenses incurred by it in so doing.
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|
22. |
Drainage works in streets and other public places
(1) |
Every person who carries out any drainage works in any street, sidewalk, sanitary lane or other public place vested in the local authority shall, in the carrying out of such works, comply with the following requirements—
(a) |
he shall not disturb the surface of any street, sidewalk, sanitary lane or other public place vested in the local authority, without the previous consent in writing of the local authority, nor otherwise than in accordance with such conditions as it may determine;
|
(b) |
in any case where a sewer connexion is to be made, he shall cause such sewer connexion to be made at such point in the sewer as may be indicated by the local authority.
|
|
(2) |
Nothing contained in this rule shall be held to impose any liability whatsoever on the local authority for any accident or damage to persons or property which may occur in the carrying out of any such drainage works as aforesaid.
|
|
23. |
Local authority may arrange with owners to carry out private drainage works
It shall be lawful for the local authority to agree with any owner or occupier of any premises that any drainage works which such owner or occupier desires or is required by the local authority to construct shall be constructed by the local authority, and the cost of constructing such drainage works shall be repaid by such owner or occupier to the local authority, and in default of payment the local authority may recover the cost as a civil debt recoverable summarily.
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24. |
Owner outside district may arrange with local authority to connect to sewer
The owner of any premises without the district of the local authority may, with the consent of the local authority and subject to the provisions of these Rules, cause any drain constructed upon or in connexion with such premises to empty into any sewer belonging to the local authority upon such terms and conditions as may be agreed upon between such owner or occupier and the local authority:
Provided that no person shall cause any such drain to empty into any such sewer until such terms and conditions have been agreed upon.
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25. |
Charges to cover supervision, etc.
In all cases where, in accordance with these Rules, any work is carried out by the local authority in respect of which the said authority is entitled to recover the cost from any person under these Rules, there may be included in the cost so claimed and recoverable such sum as the local authority shall determine to cover the cost of surveys, plans, specifications, quantities, supervision and the use of tools and plant, and there shall also be included in such cost any expenditure or labour involved in disturbing, making good and remaking any made road, street or footway or ground affected.
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26. |
Tins, bottles, etc., not to be allowed to enter drains
No occupier of any premises shall throw or introduce or allow others on the said premises to throw or introduce into any cess-pool, drain, waste-pipe, soil-pipe or soil-water fitting, constructed in connexion with such premises, any tins, bottles, refuse or other matter liable to choke the same.
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27. |
Traps, gullies and ventilation pipes to be kept free from obstruction
(1) |
The owner or occupier of any premises shall maintain all openings, whether for ventilation or otherwise, to any drain, and also all traps, gullies and other drainage fittings, on his premises in good order and proper repair and in a reasonably clean condition and free from obstruction.
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(2) |
Any owner or occupier who fails to comply with the provisions of this Rule shall be guilty of an offence.
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|
28. |
Excavation for and laying of drains
Every person who constructs any drain in connexion with a building shall lay such drain and carry out any excavation necessary for the construction of such drain in the following manner—
(a) |
he shall cause the ground to be excavated to the required depth with all possible expedition and to be done in a workmanlike manner;
|
(b) |
he shall cause to be erected and maintained during the progress of the work all such fences, hoardings, struttings, shorings and lights (kept lighted throughout the night) as may be necessary to or in consequence of any of the works for the protection of the public or workmen or of any buildings or property whatsoever near to or liable to be affected by the work;
|
(c) |
he shall cause any excavation to be commenced at the outfall end of each drain and continued in straight sections, the bottom of the trench to be accurately cut to the proper gradient for receiving the pipes, and the trench to be made of sufficient width to afford room for the proper laying, bedding and jointing of the pipes;
|
(d) |
he shall cause the laying of the pipes to be carefully performed and each pipe to be laid to a true gradient and in such manner that the body of the pipe shall have a firm bearing throughout its whole length and not upon the socket only;
|
(e) |
he shall cause any excavation to be filled in with earth well rammed in six- inch layers, fine material free from stones being packed round the pipes, and the surface at ground level being made good to the satisfaction of the local authority.
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|
29. |
Requirements for construction of closed drains
Every person who constructs any closed drain in connexion with a building, other than a drain constructed for the drainage of the subsoil of the site of such building or a drain constructed for the drainage of storm-water only or water from any water supply fitting only, shall, in the construction of such drain, comply with the following requirements—
(a) |
he shall cause such drain to be constructed of good sound cylindrical pipes made of glazed stoneware or of heavy cast iron, or of other equally suitable material which has been approved of by the local authority;
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(b) |
he shall cause such drain to be of adequate size, to have an internal diameter of not less than four inches and to be laid with a proper fall, and with water- tight, socketed or other approved suitable joints;
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(c) |
he shall, if such drain is constructed of stoneware pipes, if so required by the local authority, cause such drain to be laid on an adequate and efficient bed of good cement concrete at least three inches in thickness, or, if such drain is constructed of approved metal pipes, he shall, if so required by the local authority, cause such drain to be supported upon a sufficient number of suitable piers constructed of good cement concrete:
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Provided that where any such drain as aforesaid is to be laid on made or bad ground, and where in the opinion of the local authority such a precaution is necessary, he shall cause such drain to be laid on a bed of good cement concrete not less than six inches in thickness and projecting on each side of the drain to an extent at least equal to the external diameter of such drain, and shall cause good cement concrete to be filled in so that it extends to the full width of the cement concrete bed already prescribed and so that such drain is embedded to the extent of not less than half its diameter.
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30. |
Requirements for construction of drains
(1) |
Gradient of drains.—Every person who constructs any such drain as is described in rule 29 shall cause such drain to be laid with a proper and sufficient gradient:
Provided that—
(i) |
wherever practicable, he shall cause such drain to be laid with the following minimum gradients— |
(ii) |
wherever the foregoing minimum gradient of a drain is found to be impracticable, the local authority may, if it considers such a precaution necessary, require that special flushing tanks and inspection chambers shall be provided to such drain. |
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(2) |
Jointing of cast-iron drain pipes.—If he constructs any such drain of cast-iron pipes jointed with socket joints, such joints shall be not less than 2½ inches in depth, and shall be made with tarred spun yarn and molten lead or lead wool properly caulked, and the annular space for the lead, in the case of four-inch pipes, shall not be less than ¼ inch in width and, in the case of five-inch and six-inch pipes, shall not be less than ? inch in width; and if such drain is jointed with flange joints he shall cause such joints to be securely bolted together and some suitable insertion for jointing placed between the flanges.
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(3) |
Jointing of stoneware drain pipes.—If he constructs any such drain or stoneware pipes, or pipes of material other than metal, such pipes shall be jointed with socket joints properly put together with cement mortar (1 of sand to 2 of cement), a few turns of spun yarn dipped in cement grout being first put round the end of the spigot, to ensure it being concentric with the socket and tightly caulked in, or an approved composition joint may be used.
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(4) |
Invert of drain to be kept clear of obstruction.—He shall cause proper and efficient means to be employed for keeping the invert of every such drain clear of cement or other matter in the laying and jointing of pipes, and shall also cause every such drain to be so laid that a badger, of one-quarter of an inch less diameter than the internal diameter of the drain, passes freely through the said drain, and so that a fibrous mop of half the internal diameter of the drain passes freely through such drain.
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(5) |
Drains to be so constructed as to be watertight.—He shall cause every such drain to be so constructed as to be watertight and to be capable of resisting a pressure of at least two feet head of water; and for the purpose of applying such pressure he shall cause all openings to be plugged, and he shall also ascertain the locality of any leaks or defects which may be found to exist on the application of such pressure by the medical officer of health or a sanitary inspector or other duly authorized officer, and shall cause any such leaks or defects to be effectively repaired and made good so as to render such drain watertight and capable of resisting such pressure as aforesaid.
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(6) |
Sizes and weights of cast-iron drain pipes.—If he constructs any such drain of cast- iron, only cast-iron pipes of good quality free from imperfections and well coated internally and externally with Dr. Angus Smith’s or other approved rust preventative composition shall be used, and the weight of such cast-iron pipes in proportion to the diameter shall not be less in any case than the following—
Internal Diameter
|
Thickness of metal
|
Weight per 9ft. length (including socket and spigot)
|
in.
|
in.
|
lb.
|
4
|
3/8
|
160
|
5
|
3/8
|
190
|
6
|
3/8
|
230
|
|
(7) |
Size and thickness of stoneware drain pipes.—If he constructs any such drain of stoneware, only the best glazed socketed stoneware pipes which are truly cylindrical in section straight in shape and free from cracks or other imperfections shall be used, and the thickness of the pipes, the depth of the sockets and the annular space for the cement in proportion to the diameter shall not be less in any case than the following—
Internal Diameter
|
Thickness of metal
|
Depth of socket
|
Annular space for the cement
|
in.
|
in.
|
ln.
|
in.
|
4
|
1/2
|
1 3/4
|
5/16
|
5
|
9/16
|
2
|
5/16
|
6
|
6/8
|
2
|
5/16
|
9
|
3/4
|
2
|
7/16
|
|
(8) |
Joints of drains not to be built into walls or foundations.—He shall not construct any such drain so that any joint of such drain is built into any wall or foundation, except in any case where any other mode of construction is impracticable.
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(9) |
(a) |
Drains in or under buildings.—He shall not construct any such drain inside or so as to pass under a building, except in any case where any other mode construction is impracticable.
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(b) |
If he constructs any such drain so as to pass under a building he shall cause such drain to be so laid in the ground that there is a distance equal at the least to the full diameter thereof between the top of such drain at its highest point and the surface of the ground under such building, and he shall cause such drain to be completely embedded in and covered with good and solid cement concrete at least six inches thick all round:
Provided that, in any case where such drain is constructed of iron or other approved metal pipes, he may cause such drain to be carried above ground and to be supported upon a sufficient number of suitable piers constructed of iron or good cement concrete.
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(c) |
He shall also cause any such drain to be laid in a direct line for the whole distance beneath such building, and adequate means of access to be provided by means of approved inspection chambers situated outside such building or, in the case of iron or other approved metal pipes carried above ground, by means of approved inspection eyes situated outside such building to be provided at each end of such portion thereof as is beneath such building, and efficient ventilation of such drain by means of approved ventilating shafts to be provided.
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|
(10) |
Composition of concrete.—He shall cause all concrete used in connexion with the laying and constructing of any such drain to be composed of clean gravel, hard brick broken small or other suitable ballast, well mixed with good clean sand, and free from earth, and Portland cement in the proportion of three parts of sand, one part of cement and six parts of other material.
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(11) |
Protection of drains under walls.—In every case where any such drain is laid beneath a wall, he shall cause such drain to be protected at the part beneath the wall by means of an arch, lintel or suitable metal support of sufficient size and strength to prevent any disturbance or other injury to such drain, and constructed at least two inches clear above the drain.
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|
31. |
Inlets to drains to be trapped
(1) |
Every person who constructs any such drain as is described in rule 29 shall cause every inlet to such drain, not being an inlet provided in pursuance of the rule in that behalf as an opening for the ventilation of such drain, to be properly trapped by an efficient trap so constructed as to be capable of maintaining a sufficient water seal.
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(2) |
He shall not construct or fix in or in connexion with any such drain any trap of the kind known as a bell-trap, a dip-trap, a D-trap or a U-trap or a running trap or any such trap as becomes unsealed on the removal of the cover, or any trap of a type which has not been approved by the local authority.
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32. |
No right-angled junctions to be made
(1) |
No person who constructs any drain in connexion with a building shall construct the several drains of such building in such a manner as to form in such drains any right-angled junction either vertical or horizontal.
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(2) |
He shall cause every branch drain or tributary drain to join another drain obliquely in the direction of the flow of such drain, and as near as practicable to the invert thereof.
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(3) |
He shall cause all bends and turnings to be truly curved, and when directly reducing or enlarging the size of any drain he shall cause such alteration to be properly tapered and to be of good shape.
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(4) |
He shall also, so far as may be practicable, cause every such drain to be laid in a direct line or in a series of direct lines.
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|
33. |
Drains to be trapped from cesspools and septic tanks, etc.
(1) |
Every person who constructs any drain in connexion with a building shall, where such drain communicates with a septic tank, cesspool or other like receptacle for drainage, not being a sewer belonging to the local authority, if so required by the local authority, cause to be provided and fixed in such drain a suitable and efficient intercepting trap at a point as distant as may be practicable from such building and as near as may be practicable to the point at which such drain may be connected with such septic tank, cesspool or other like receptacle for drainage.
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(2) |
He shall cause such intercepting trap to be of an approved pattern of good glazed stoneware or of iron coated with approved material, to have the trap bend contracted in size so as to be half an inch less than that of the pipe which discharges into it, to be provided with a drop of not less than two inches from the invert of the drain to the surface of the water seal, to have a water seal of not less than two inches in depth and to be fixed truly level in a bed of good cement concrete.
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34. |
Drains not to be trapped from sewers
No person shall provide or fix an intercepting trap in any drain which communicates directly with a sewer belonging to the local authority.
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35. |
Provision of inspection chambers on drains
Every person who constructs any closed drain in connexion with a building shall cause adequate and efficient inspection chambers to be provided in the following positions and manner—
(a) |
he shall, unless specially exempted by the local authority, cause an inspection chamber to be provided at every point in such drain where two or more drains converge;
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(b) |
he shall cause an inspection chamber to be provided at every point in any such drain where there occurs any angle, bend or deviation from a direct alignment;
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(c) |
he shall cause access to be provided by means of inspection chambers to every such drain in such manner that no part of any such drain is more than thirty feet distant in the length of such drain from an inspection chamber;
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(d) |
where any such drain communicates directly with a sewer belonging to the local authority, he shall cause an inspection chamber to be provided to such drain on the plot on which such building stands but, wherever practicable, within four feet of the boundary of the said plot over which the drain is or is to be constructed:
Provided that he may with the consent in writing of the local authority and subject to such conditions as it may prescribe, but not otherwise, cause such inspection chamber as aforesaid to be constructed on a street or sidewalk;
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(e) |
he shall cause an inspection chamber to be provided at any point where an intercepting trap is fixed in such drain;
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(f) |
he shall cause every inspection chamber to be of such internal dimensions as the local authority requires:
Provided that no inspection chamber shall be less than two feet in length where the depth of the half channel invert from the surface of the ground adjoining such chamber is greater than eighteen inches;
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(g) |
he shall cause every inspection chamber to be constructed of not less than nine inches brickwork or stonework built in cement, or of good cement concrete not less than four inches in thickness, to be so constructed as to be watertight up to the level of the adjoining ground surface, and to be rendered with cement plaster at least one half inch in thickness and furnished with a smooth surface;
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(h) |
he shall cause every inspection chamber to be fitted with a strong movable air-tight cast-iron manhole cover of adequate size and approved design and construction, fixed not lower than the surface of the adjoining ground;
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(i) |
he shall cause the sides of the channels in every inspection chamber to be brought up vertically to a height not less than the diameter of the drains, and shall cause benching, constructed of good cement concrete, to be provided, such benching to be sloped off from the tops of the channels at an angle of thirty degrees from the horizontal and finished with a smooth cement surface.
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|
36. |
Ventilation of drains
Every person who constructs any closed drain in connexion with a building shall, for the purpose of securing efficient ventilation of such drain, comply with the following requirements—
(a) |
he shall provide at least one untrapped opening to such drain, which opening shall be situated as far distant as may be practicable from the point at which such drain communicates with a sewer, septic tank, cesspool or other like receptacle for drainage with which such drain may lawfully communicate, and shall also provide an untrapped opening at the upper extremity of every branch drain which exceeds twenty feet in length and which receives any soil- water or waste water; such untrapped opening shall be obtained by carrying up a pipe or shaft, vertically, to such a height and in such a position as to afford by means of the open end of such pipe or shaft a safe outlet for foul air and so as effectually to prevent any escape of foul air from such pipe or shaft into any building in the vicinity thereof, and in no case to a less height than three feet above the eaves of any adjoining roof, or to a less height than six feet above the top of any window, door or other opening which is within a distance of twenty feet horizontally from such pipe or shaft, or to a less height than ten feet above the adjoining ground level, and such pipe or shaft, if unsupported for a length of more than five feet, shall be properly stayed:
Provided that the soil-pipe of any water-closet, in every case where the situation, sectional area, height and mode of construction of such soil-pipe are in accordance with the requirements applicable to the pipe or shaft to be carried up from such drain, may be deemed to provide the necessary opening for ventilation which would otherwise be obtained by means of such last- mentioned pipe or shaft;
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(b) |
he shall cause any opening provided in accordance with the arrangements hereinbefore specified to be furnished with a suitable grating or other cover of approved pattern and material for the purpose of preventing any obstruction in or injury to any pipe or drain by the introduction of any substance through any such opening; and he shall, in every case, cause such grating or cover to be so constructed and fitted as to secure the free passage of air through such grating or cover by means of a sufficient number of apertures, of which the aggregate extent shall be not less than the sectional area of the pipe or drain to which such grating or cover may be fitted;
|
(c) |
he shall not, except where unavoidable, cause any bend or angle to be made in any pipe or shaft used in connexion with any of the arrangements hereinbefore specified;
|
(d) |
he shall cause every pipe or shaft which may be used in connexion with any of the arrangements hereinbefore specified to have an internal diameter of not less than three-and-a-half inches;
|
(e) |
he shall cause every pipe or shaft used in connexion with any of the arrangements hereinbefore specified to be constructed in the same manner and of the same material and weight as if such pipe or shaft were a soil pipe;
|
(f) |
in every case where any such drain communicates with a septic tank, cesspool or other like receptacle for drainage, not being a sewer belonging to the local authority, he shall provide a second opening, being not less than twelve inches and not more than three feet above the level of the surface of the ground adjoining such second opening, which shall communicate with such drain by means of a suitable pipe or shaft situated, as far distant as may be practicable from the first opening which has to be provided, in pursuance of the rule in that behalf; and he shall also cause the point at which such second opening communicates with the drain in every case to be situated on that side of any intercepting trap which is the nearer to the building;
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(g) |
he shall cause every pipe or shaft which is constructed so as to provide any such second opening as aforesaid to be constructed in the same manner and of the same material and weight as if such pipe or shaft were a soil-pipe, and to have an internal diameter of not less than three and a half inches, and to be provided with an approved inlet valve at the point at which it opens upon the external air.
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|
37. |
No inlets to drains within buildings
No person shall construct any closed drain in connexion with a building in such a manner that there is within such building any inlet to such drain, except such inlet as may be necessary from the apparatus of any water-closet or soil-water fitting.
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38. |
Requirements for soil-pipes
Every person who provides a soil-pipe in connexion with a building shall, in the providing and fixing of such soil-pipe, comply with the following requirements—
Position of soil-pipes
(a) |
he shall not, except with the written permission of the local authority and then only on such conditions as it may prescribe, cause or permit any such soil- pipe to be fixed inside any building;
|
(b) |
he shall construct such soil-pipe either in drawn lead or heavy cast-iron or other equally suitable material which has been approved of by the local authority;
|
Size, weight and thickness of soil-pipes
(c) |
he shall construct such soil-pipe so that its weight, if the pipe is of lead, and that its thickness and weight, if the pipe is of iron, in proportion to its length and internal diameter, is as follows—
|
LEAD
|
CAST IRON
|
Diameter
|
Weight per ten feet length, not less than-
|
Thickness of metal, not less than-
|
Weight per 6 feet length (including socket and beadedspigot or flanges, the socket not to be less than ¼ inch thick) not lessthan-
|
in.
|
lb.
|
in.
|
lb.
|
3 1/2
|
65
|
3/16
|
48
|
4
|
74
|
3/16
|
54
|
Jointing of soil-pipes
(d) |
if he constructs such soil-pipe in drawn lead he shall cause such soil-pipe to be constructed with proper wiped plumbers’ joints;
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(e) |
if he constructs such soil-pipe of cast-iron with socket joints, he shall cause such joints to be not less than 2½ inches in depth and to be made with tarred spun yarn and molten lead or lead wool properly caulked, and he shall also cause the annular space for the lead, in the case of 3½-inch and 4-inch pipes, to be not less than ¼ inch in width; and if he constructs such soil-pipe with flanged joints he shall cause such joints to be securely bolted together and some suitable insertion for jointing placed between the flanges;
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Soil-pipes not to be connected with waste-pipes or rain-water pipes
(f) |
he constructs such soil-pipe so that it is not connected with any rain-water pipe or with any waste-pipe or waste-water fitting, and so that there is not any trap in such soil-pipe or between the soil-pipe and any drain with which it is connected;
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Access for inspection to be provided at foot of soil-pipes
(g) |
he shall construct such soil-pipe so that the bend to which it may be connected at the foot shall rest in a solid foundation of good cement concrete and, unless an inspection chamber is provided to the drain to which such soil- pipe is connected within a distance of six feet from the foot of such soil- pipe, so that the bottom length of such soil-pipe, is provided with an adequate opening, fitted with screw doors and fastenings, for the purpose of access and inspection;
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(h) |
he shall cause such soil-pipe to be circular and to have an internal diameter of not less than 3½ inches, and to be continued up without diminution of its diameter and (except where unavoidable) without any bend or angle being formed in such soil-pipe, to such a height and in such a position as to afford by means of the open end of such soil-pipe a safe outlet for foul air and so as effectually to prevent any escape of foul air from such soil-pipe into any building in the vicinity thereof, and in no case to a less height than three feet above the eaves of any adjoining roof, or to a less height than six feet above the top of any window, door or other opening which is within a distance of twenty feet horizontally from such pipe or shaft or to a less height than ten feet above the adjoining ground level, and, if unsupported for a length of more than five feet, to be properly stayed; and he shall also cause the open end of such soil-pipe to be furnished with a suitable grating or other cover of approved pattern and material for the purpose of preventing any obstruction in or injury to such soil-pipe by the introduction of any substance through such open end, and he shall in every case cause such grating or cover to be constructed and fitted so as to secure the free passage of air through such grating or cover by means of a sufficient number of apertures, of which the aggregate extent shall be not less than the sectional area of the soil-pipe to which such grating or cover may be fitted;
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No right-angled junctions
(i) |
he shall not cause or permit any right-angled junctions to be made in such soil- pipe, but shall cause every branch soil-pipe to join another soil-pipe obliquely in the direction of the flow of such soil-pipe, and shall cause all bends and turnings to be truly curved; |
Inspection eyes to be provided at all bends and junctions
(j) |
he shall cause suitable provision for the purpose of access and inspection to be provided to such soil-pipe, by means of an adequate opening with screw doors and fastenings or with a screwed metallic cap or plug at every junction or change of direction or gradient in such soil-pipe:
Provided that, where adequate means for through rodding has been provided in any straight section of such soil-pipe by means of adequate openings at the opposite ends of such section, the said provisions for access and inspection may be omitted in the case of any junction in such straight section as aforesaid;
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Weights of branch soil-pipes
(k) |
he shall cause the weight of all branch soil-pipes leading from any soil-water fitting to a soil-pipe or drain, if of lead, to be not less than 7 lb. per foot of lead.
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39. |
Anti-syphonage pipes to soil-pipes
(1) |
Any person who fixes any soil-water fitting, the soil-pipe of which is connected with any soil-pipe receiving the discharge from any other soil-water fitting, shall cause the trap of every such soil-water fitting to be ventilated into the external air at a point as high as the top and open end of the soil-pipe, or into the soil-pipe at a point above the highest soil-water fitting connected with such soil-pipe, and so that the ventilating pipe shall have in all parts an internal diameter of not less than two inches, and if more than fifty feet in length not less than three inches in diameter, and if more than eighty feet in length not less than four inches in diameter, and shall cause such ventilating pipe to be connected with the arm of the soil- pipe or the trap of the soil-water fitting at an approved point not less than three inches and not more than twelve inches from the highest part of the trap and on that side of the water seal which is nearer to the soil-pipe.
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(2) |
He shall cause the joint between the ventilating pipe and the arm of the soil-pipe or the trap to be made in the direction of the flow.
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(3) |
He shall construct such ventilating pipe in drawn lead or of heavy cast-iron or other equally suitable material which has been approved of by the local authority.
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(4) |
He shall construct such ventilating pipe so that if the pipe is of lead its weight shall not be less than the weights specified for soil-pipes in paragraph (k) of rule 38, and if the pipe is of cast-iron its thickness shall not be less than 3/16 inch.
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(5) |
He shall in all cases cause the joints in and the connexion to such ventilating pipe to be made in the same manner as if such ventilating pipe were a soil-pipe.
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(6) |
Notwithstanding the foregoing provisions of this rule—
(a) |
where not more than two soil-water fittings are connected to an efficiently ventilated vertical soil-pipe by means of branch soil-pipes not exceeding four feet in length and meeting the vertical soil-pipe at an angle of not more than fifteen degrees with the horizontal, it shall not be necessary to ventilate the traps of such soil-water fittings.
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(b) |
where three or more soil-water fittings are connected to an efficiently ventilated vertical soil-pipe by means of a branch soil-pipe the end of which is carried up above the eaves of the roof in the same manner as specified for soil-pipes in paragraph (h) of rule 38 and such other additional ventilating pipes or shafts as may be necessary are provided and carried up as aforesaid, and which is or are in the opinion of the local authority sufficient for the purpose of maintaining the seal in the traps of the soil-water fittings connected to such branch soil-pipe, it shall not be necessary to provide anti-syphonage pipes as specified in this rule.
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40. |
Connexion of lead pipe with an iron pipe
Any person who connects a lead soil-pipe, waste-pipe, ventilating pipe or trap with an iron pipe or drain shall insert between such lead soil-pipe, waste-pipe, ventilating pipe or trap and such iron pipe or drain a flanged thimble of copper, brass or other suitable alloy, which shall be not less than 1/8 inch in thickness and six inches in length, so that the lead soil-pipe or trap projects slightly beyond the thimble, such projection being turned over the thimble to protect the thimble from any contact with the contents of the pipe or drain, and shall connect such lead soil-pipe, waste-pipe, ventilating pipe or trap with such thimble by means of a wiped or over-cast metallic joint, and shall connect such thimble with such iron or drain by means of a joint made with molten lead properly caulked in the manner prescribed by paragraph (2) of rule 30:
Provided that it shall be sufficient if he connects the lead soil-pipe, waste-pipe, ventilating pipe or trap with the iron pipe or drain in an equally suitable and efficient manner, to be approved by the local authority.
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41. |
Connexion of stoneware pipe with a lead pipe
Any person who connects stoneware or semi-vitrified ware trap or pipe with a lead soil-pipe, waste-pipe, ventilating pipe or trap shall insert between such stoneware or semi- vitrified ware trap or pipe and such lead soil-pipe, waste-pipe, ventilating pipe or trap a socket of copper, brass or other suitable alloy, and shall insert such stoneware or semi-vitrified ware trap or pipe into such socket, making the joint with Portland cement, in the manner prescribed by paragraph (3) of rule 30, and shall connect such socket with the lead soil- pipe, waste-pipe, ventilating pipe or trap, by means of a wiped or overcast metallic joint:
Provided that it shall be sufficient if he connects the stoneware or semi-vitrified ware trap or pipe with the lead soil-pipe, waste-pipe, ventilating pipe or trap in an equally suitable and efficient manner, to be approved by the local authority.
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42. |
Connexion of lead pipe with a stoneware pipe
Any person who connects a lead soil-pipe, waste-pipe, ventilating pipe or trap with a stoneware or semi-vitrified ware pipe or drain shall insert between such lead soil-pipe, waste- pipe, ventilating pipe or trap and such stoneware or semi-vitrified ware pipe or drain a flanged thimble of copper, brass or other suitable alloy, so that the lead soil-pipe or trap projects slightly beyond the thimble, such projection being turned over the thimble to protect the thimble from any contact with the contents of the pipe or drain, and shall connect such lead soil-pipe, waste-pipe, ventilating pipe or trap with such thimble by means of a wiped or overcast metallic joint, and shall insert the flanged end of such thimble into a socket in such stoneware or semi-vitrified ware pipe or drain, making the joint with Portland cement, in the manner prescribed by paragraph (3) of rule 30:
Provided that it shall be sufficient if he connects the lead soil-pipe, waste-pipe, ventilating pipe or trap with the stoneware or semi-vitrified ware pipe or drain in an equally suitable and efficient manner, to be approved by the local authority.
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43. |
Connexion of iron pipe with stoneware pipe
Any person who connects an iron soil-pipe, waste-pipe, ventilating pipe or trap with a stoneware or semi-vitrified ware pipe or drain shall insert the beaded spigot end of such iron soil-pipe, waste-pipe, ventilating pipe or trap into a socket on such stoneware or semi- vitrified ware pipe or drain, making the joint with Portland cement, in the manner prescribed by paragraph (3) of rule 30:
Provided that it shall be sufficient if he connects the iron soil-pipe, waste-pipe, ventilating pipe or trap with the stoneware or semi-vitrified ware pipe or drain in an equally suitable and efficient manner, to be approved by the local authority.
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44. |
Connexion of stoneware pipe, with an iron pipe
Every person who connects a stoneware or semi-vitrified ware trap or pipe with an iron soil-pipe, waste-pipe, trap or drain shall insert such stoneware or semi-vitrified ware trap or pipe into a socket on such iron soil-pipe, waste-pipe, trap or drain, making the joint with Portland cement, in the manner prescribed by paragraph (3) of rule 30:
Provided that it shall be sufficient if he connects the stoneware or semi-vitrified ware trap or pipe with the iron soil-pipe, waste-pipe trap or drain in an equally suitable and efficient manner, to be approved by the local authority.
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45. |
Requirements for waste-pipes and waste-water fittings
Every person who provides a waste-pipe or a waste-water fitting in connexion with a building shall, in the providing and fixing of such waste-pipe and such waste-water fitting, comply with the following requirements—
Materials for waste-pipes
(a) |
he shall construct such waste-pipe of either lead, steel, cast-iron or wrought iron, and shall not in any case construct such waste-pipe of either galvanised sheet iron or zinc;
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Waste-pipes to be trapped
(b) |
he shall cause such waste-pipe to be properly trapped, at a point as near as may be practicable to the point at which such waste-pipe is attached to any waste-water fitting, by means of an efficient syphon trap:
Provided that a waste-pipe which does not exceed three feet in length and which receives the discharge from one waste-water fitting only may be fixed without a trap;
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(c) |
he shall cause every trap fixed in connexion with such waste-pipe to be constructed of either lead, brass, gun-metal or iron, and to be of an approved pattern, and to be provided on the side or underside with a screwed movable plug; and he shall cause every such trap to be fixed in such manner that the whole of the trap is easily accessible, and to be provided with a water seal at least 2 inches in depth:
Provided that a trap fixed in connexion with a waste-pipe receiving the discharge from a bath only may be provided with a water seal 1 ½ inches in depth;
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(d) |
he shall not fix in connexion with such waste-pipe any trap of the kind known as a bell-trap, a dip-trap, a D-trap or a U-trap or running trap, or any such trap as becomes unsealed on the removal of the cover; and he shall cause every trap fixed in connexion with such waste-pipe to be of the same internal diameter as the waste-pipe to which it is connected;
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(e) |
if he constructs such waste-pipe of iron, he shall cause such waste-pipe to be constructed either of cast-iron not less than 3/16 inch in thickness or of wrought iron not less than ? inch in thickness;
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Fixing and weight of lead waste-pipes
(f) |
if he constructs such waste-pipe of lead, he shall cause such waste-pipe to be fixed by means of proper lead tacks at not more than the following distances apart—
(i) |
vertically—at 3 feet centres; |
(ii) |
horizontally—at 2 feet 3 inches centres, |
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and every such waste-pipe, in proportion to its internal diameter, shall be of the following minimum weight—
Internal diameter
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Per linear yard
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1¼ inches ………………
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7lb.
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1½ inches…………………..
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9lb.
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2 inches ……………………
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12lb.
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Waste-pipes to be fixed in accessible positions
(g) |
he shall cause such waste-pipe, wherever practicable, to be fixed above floors, and, in any case where such waste-pipe is fixed below any floor, he shall provide adequate and satisfactory means of access to such pipe for the purpose of inspection and cleansing;
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Disconnexion of waste-pipes
(h) |
he shall cause every such waste-pipe to be taken through an external wall of such building at the nearest practicable point and so constructed and fixed as to discharge in the open air, either separately or in conjunction with a common waste-pipe receiving the discharge from two or more waste-water fittings over an open channel communicating with or over a properly trapped gully or into such gully above the level of the water in the trap thereof:
Provided that, with the approval of the local authority and subject to such conditions as it may impose with regard to the construction of a floor of impervious materials, floor washings or a waste-pipe from a bath or a lavatory basin may be permitted to discharge into an open channel communicating with a trapped gulley inside a building where the waste water from such trapped gully as aforesaid discharges by means of a proper waste-pipe in the open air over a trapped gully in the manner already provided for in this rule;
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(i) |
he shall cause every such waste-pipe— Provided that in the case of a common waste-pipe receiving the discharge from lavatory basins only, and which lavatory basins do not exceed four in number, such a common waste-pipe may be provided with an internal diameter of not less than 1½ inches; |
Fixing of waste-water fittings
(j) |
he shall cause every such waste-water fitting to be fixed as near as may be practicable to an external wall of such building, and the outlet for waste-water from such waste-water fitting shall be provided with a good and efficient brass grate of approved type, well and securely fixed, the aggregate extent of the apertures in which shall not be less than the sectional area of the waste- pipe to which such waste-water fitting is fixed; and he shall cause every such waste-water fitting to be constructed of impervious materials having rounded corners or angles, and, if provided with an overflow pipe, such overflow pipe shall be connected to the waste-pipe receiving the discharge from such waste-water fitting on that side of the water seal in the trap provided to such waste-pipe which is the nearer to the waste-water fitting, and the upper end of such overflow pipe shall be so arranged as to permit of the whole of the overflow being easily cleansed;
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Anti-syphonage pipes for waste-pipes
(k) |
he shall cause every trap fixed in connexion with such waste-pipe to be ventilated into the open air at a safe outlet for foul air by means of a pipe, which shall be connected with the highest part of such trap and on that side of the water seal which is nearer to the outgo, and which shall have in all parts an internal diameter not less, in proportion to the internal diameter of the trap which it ventilates, than the following—
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Internal diameter of trap
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Internal diameter of vent pipe
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1 ¼ inches……………..
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1 inch
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1 ½ inches……………….
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1 ¼ inches
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1 ¾ to 2 inches……………
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1 ½ inches
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Provided that—
(i) |
where not more than three waste-water fittings are connected to an efficiently ventilated vertical waste-pipe the end of which is carried up to a height of not less than twelve inches above the eaves of the roof, by means of branch waste-pipes not exceeding twelve feet in length, or, when four or more waste-water fittings are connected to such ventilated vertical waste-pipe, by means of a branch waste-pipe the end of which is carried up to a height of not less than twelve inches above the eaves of the roof, and such additional ventilating pipes or shafts as may be necessary are provided and carried up above the eaves as aforesaid, and which are in the opinion of the local authority sufficient for the purposes of preventing syphonic action from the traps of the waste-water fittings, it shall be not necessary to ventilate the traps as prescribed in this rule; |
(ii) |
in the case of a waste-pipe not exceeding twelve feet in length and which receives the discharge from one waste-water fitting only and which is not connected with any other waste-pipe, it shall be not necessary to ventilate the trap of the waste-water fitting; |
(l) |
he shall cause the joints of every such waste-pipe, and the joints of every ventilating pipe provided in connexion with any trap fixed to any such waste- pipe to be made as follows—
(i) |
if such waste-pipe or ventilation pipe is constructed of lead or cast- iron, the joints shall be made in the same manner as if such waste- pipe or ventilation pipe were a soil-pipe;. |
(ii) |
if such waste-pipe or ventilation pipe is constructed of galvanized wrought iron, the joints shall be made by the pipes being butted closely together and secured by means of screwed joints and couplings, the depth of the couplings being equal at the least to half the diameter of such waste-pipe or ventilation pipe; |
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No right-angled junctions
(m) |
he shall not cause or permit any right-angled junctions to be made in such waste-pipe, but shall cause every branch waste-pipe to join another waste- pipe obliquely in the direction of the flow of such waste-pipe, and shall cause all bends and turnings to be truly curved;
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Separate system required for waste-pipes
(n) |
he shall cause every such waste-pipe and every ventilation pipe fixed in connexion therewith to be kept entirely separate and distinct from any soil- pipe or any ventilation pipe fixed in connexion with such soil-pipe.
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46. |
Rain-water pipes not to be used for conveying soil-water or waste-water
No person shall cause any pipe used for the purpose of carrying off rain-water from the roof of any building to be used for the purpose of carrying off soil-water or waste water, or to be used as a ventilating pipe to any drain, soil-pipe or waste-pipe.
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47. |
Overflow pipe not to be connected with any drain or ventilating pipe
No person shall cause any overflow pipe from any water supply cistern, flushing cistern or water waste preventer, or from any safe under any soil-water fitting or waste-water fitting, to be connected with any drain, soil-pipe, waste-pipe or ventilating pipe, but shall cause such overflow pipe to discharge direct into the open air in a manner and in a position to be approved of by the local authority.
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48. |
Gully Traps
(1) |
Any person who provides and fixes a gully trap in connexion with the drainage of any building shall cause such gully traps to be of good glazed stoneware, or other approved material, and to be provided with a trap having a water seal of not less than 2½ inches in depth, and, except where otherwise required by the local authority to be of the washout type with the bottom of the gully well rounded.
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(2) |
He shall also cause every such gully trap to be fitted with a suitable grating with open slots ½ inch wide, the aggregate area of which slots shall be equal to the sectional area of the pipe or drain into which the gully trap discharges.
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(3) |
He shall also cause such gully trap to be well and securely fixed in a bed of good cement concrete.
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49. |
Grease Traps
The local authority may, by written notice addressed to the owner of any hotel, boarding- house, eating-house, restaurant or laundry, or of any factory, workshop or other premises from which waste-water or sewage of a fatty or soapy character is or is to be discharged into any drain or sewer, require such owner within a reasonable time, to be specified in such notice, to provide and fix in connexion with the drainage of such premises a proper and efficient grease trap of an approved pattern and constructed of approved materials for the reception of all waste water from any kitchen or scullery connected with such premises or any waste water or sewage of a fatty or soapy character from such premises before such waste water or such sewage is discharged into the said drain or sewer, and any such owner who fails to comply with the requirements of any such notice, and that within the time specified, shall be guilty of an offence.
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50. |
Water-closets
Every person who constructs a water-closet in connexion with a building shall, in the construction of such water-closet, comply with the following requirements—
(a) |
he shall furnish such water-closet with a pan, basin or other suitable receptacle of non-absorbent material, and of such shape, capacity and mode of construction as to receive and contain a sufficient quantity of water, and to allow all filth which may from time to time be deposited in such pan, basin or receptacle to fall free of the sides thereof, and directly into the water received and contained in such pan, basin or receptacle;
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(b) |
he shall not construct or fix under such pan, basin or receptacle any container or other similar fitting; and he shall not construct or fix in or in connexion with the water-closet apparatus any trap of the kind known as a D-trap;
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(c) |
he shall cause every such water-closet, other than a water-closet of the kind known as a trough-closet, to be of the wash-down type, to be self-cleansing and to be provided with a trap having a water seal not less than 2 inches in depth and, except in the case of an approved syphonic closet, the outlet of the trap to be not less than 3½ inches or more than 4 inches internal diameter; and he shall cause the pan and trap of such water-closet to be of porcelain ware or well glazed stoneware, or the trap may be of strong case lead;
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(d) |
he shall not fix or cause to be fixed any such water-closet, of the kind known as a trough-closet, of a type which has not been tested by the local authority and found, on testing, to be so designed and constructed as to secure the complete clearing out of dejecta and paper according to the standard test set out in the First Schedule to these Rules;
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(e) |
if he constructs any water-closet of the kind known as a trough-closet, he shall cause such water-closet to be provided with a trap having a water seal not less than 2 inches in depth and the outlet to the trap to be not less than 3½ inches or more than 4 inches internal diameter, and he shall cause the trough and trap to be of glazed stoneware or other suitable and impervious material to be approved by the local authority:
Provided that no person shall construct a water-closet of the kind known as a trough-closet except with the written permission of the local authority and subject to such terms and conditions as it may prescribe.
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51. |
Urinals
Every person who constructs a urinal shall, in the construction of such urinal, comply with the following requirements—
(a) |
he shall cause such urinal to be constructed of smooth or glazed impervious material, and to be fitted at floor level with a trap, which shall have a water seal not less than 2 inches in depth, and the floor of such urinal to be constructed of good cement concrete at least 4 inches in thickness or of other approved impervious materials; and he shall also cause such floor, whether the urinal be of the stall or the basin type, to be laid with a proper fall towards such gully for a distance of at least 18 inches from the said gully trap;
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(b) |
if he constructs a urinal of the basin type, he shall cause the soil-pipe connected to the basin of such urinal to discharge directly over such gully trap, or into a proper smooth or glazed channel leading thereto;
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(c) |
if he constructs a range of urinals, only one gully trap shall be provided to such range, and communication between each urinal and gully trap shall be provided by means of a smooth or glazed channel; and he shall also cause the floor to be laid with a proper fall towards such channel for a distance of at least 18 inches from the said channel;
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(d) |
he shall cause every gully trap provided in connexion with such urinal to be provided with a movable or hinged strong barred grate.
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52. |
Slop-hoppers
Every person who constructs a slop-hopper in connexion with a building shall, in the construction of such slop-hopper, comply with the following requirements—
(a) |
he shall cause such slop-hopper to be composed of porcelain ware, well glazed stoneware or smooth enamelled cast-iron, and the outlet to be fitted with a movable enamelled cast-iron grating with parallel slots of at least one- half of an inch in width, such grating to be fixed just above the water line of the trap of such slop-hopper, and the surface thereof shall not be less than the outgo of the spigot of such slop-hopper;
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(b) |
he may, if he so desires, provide a second grating to such slop-hopper to be fitted above the aforesaid first grating; and, if he provides such a second grating, he shall cause the width of the slots in such second grating to be not less than one and a half inches in width, and such second grating shall be hinged or movable;
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(c) |
he shall not construct any such slop-hopper which is composed of two pieces unless the junction of such two pieces is constructed above the water line of the trap of such slop-hopper and the joint is of sufficient depth and strength to secure its immobility;
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(d) |
if he causes a housemaid’s sink to be attached to such slop-hopper, the waste-pipe from such sink shall not exceed 2 feet in length, and shall be so fixed as to discharge above the level of the water in the trap of such slop- hopper;
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(e) |
unless such slop-hopper is fixed on a floor of good cement concrete not less than 4 inches in thickness, he shall cause such slop-hopper to be placed upon a safe constructed in the same manner and of the same materials as if the slop-hopper placed on such safe were a water-closet.
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53. |
Traps and joints of soil-water fittings
Any person who constructs a soil-water fitting in connexion with a building shall, in the construction of such soil-water fitting, comply with the following requirements—
(a) |
he shall cause such soil-water fitting to be provided with an efficient syphon trap having a water seal at least 2 inches in depth;
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(b) |
he shall, except in the case of an approved floor flange joint, cause the junction of such trap with any soil-pipe to be above the level of the floor of the apartment in which such soil-water fitting is fixed, and to be so situated as to be readily accessible and exposed to view on all sides; and notwithstanding anything contained in rules 40, 41, 42, 43 and 44 of these Rules, he shall, when so required by the local authority, cause the joint between the spigot of such trap and a soil-pipe to be made with bitumen or other like material which is not liable to crack, and which will quickly set hard and firm, but which is capable of removal by heating:
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Provided that this Rule shall not apply in the case of a water-closet which is fixed in the manner as described in subparagraph (ii) of paragraph (b) of rule 61 or in the case of any joint or junction between a urinal and any gully trap connected therewith.
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54. |
Requirements for construction of soil-water fittings
Any person who constructs any soil-water fitting in connexion with a building shall, in the construction of such soil-water fitting, comply with the following requirements—
Separate water-flushing cistern and apparatus to be finished
(a) |
he shall furnish such soil-water fitting with an approved and separate water- flushing cistern of adequate capacity, which shall be so constructed, fitted and placed as to admit of a supply of water for use in such soil-water fitting without any direct connexion between any service pipe upon such building and any part of the apparatus of such soil-water fitting, other than such water supply cistern; and he shall likewise furnish such soil-water fitting with a suitable and approved apparatus for the effectual application of water to any pan, basin or other receptacle with which such apparatus may be connected and used, and for the effectual flushing and cleansing of such pan, basin or other receptacle, and for the prompt and effectual removal therefrom of any solid or liquid filth which may from time to time be deposited therein;
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Requirements as to cisterns
(b) |
he shall cause such water-flushing cistern to be fitted with a valveless flushing syphon and a strong approved high pressure valve connected to the water inlet, and shall also provide such cistern with an overflow pipe of drawn lead or galvanized wrought iron having an internal diameter of not less than ¾ inch, which shall be carried through an external wall of such building so as to discharge in the open air in an exposed position;
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Capacity of water-flushing cisterns to water-closets
(c) |
he shall cause every such cistern provided in connexion with a water-closet to have a capacity of at least 3 gallons:
Provided that in the case of any trough-closet such cistern shall have a capacity of at least 5 gallons per seat of such trough-closet;
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Capacity of water-flushing cisterns to urinals
(d) |
he shall cause every urinal or range of urinals fixed in any public place, or in any hotel or other building which is not a private building, to be provided with an automatic water-flushing cistern capable of discharging at least one gallon of water per urinal for each two feet width of stand at intervals not exceeding twenty minutes;
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Materials for flushing pipes
(e) |
he shall cause the flushing pipe furnished to every such water-flushing cistern to be either of drawn lead of the weights specified for waste-pipes, or of copper, nickel or brass or of strong galvanized wrought iron, and to be fixed vertically and properly connected to such cistern and the soil-water fitting in an approved and workmanlike manner;
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Size and length of flushing pipes to water-closets
(f) |
he shall, in the case of every flushing pipe of a water supply cistern furnished to any water-closet, other than a trough-closet, cause the length of the flush pipe, measured vertically from the discharge end to the bottom of the water supply cistern, and the internal diameter of such pipe to be as follows—
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(i) |
for high level cisterns, 4 feet 6 inches or more in length, not less than 1¼ inches internal diameter;
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(ii) |
for low level cisterns, 2 feet to 4 feet 6 inches in length, not less than 1½ inches internal diameter; 1 foot to 2 feet in length, not less than 1¼ inches internal diameter; flushing pipes under 1 foot in length, not less than 2 inches internal diameter;
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Size and length of flushing pipes to trough-closets
(g) |
he shall cause every water-flushing cistern provided to any trough-closet to be fixed at such a level that the flushing pipe furnished to such cistern is not less than 6 feet vertically in height, and has an internal diameter not less in any case than the following—
(i) |
1½ inches internal diameter, for cisterns with a capacity of less than 20 gallons; |
(ii) |
2 inches internal diameter, for cisterns with a capacity of 20 gallons to 30 gallons; |
(iii) |
2½ inches internal diameter, for cisterns with a capacity of more than 30 gallons; |
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Size and length of flushing pipes to urinals
(h) |
he shall cause the flushing pipe of any water-flushing cistern furnished to a urinal to be fixed with such a length as to provide a vertical height of not less than 3 feet between the discharge end of such pipe and the underside of such water-flushing cistern, and to have an internal diameter of not less than ¾ inch;
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Materials to be used for water-flushing cisterns
(i) |
he shall cause every water-flushing cistern furnished in connexion with such soil-water fitting to be constructed of such materials, in accordance with the holding capacity of such cistern, as to comply with the following requirements— Provided that every such cistern constructed of galvanised sheet iron shall be well riveted and stayed together, and the joints made sound and watertight. |
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55. |
Automatic water-flushing cisterns not to be provided without permission
No person shall construct in connexion with a water-closet any automatic water-flushing cistern, except with the written permission of the local authority and subject to such terms and conditions as it may impose, and no such automatic water-flushing cistern shall be of less holding capacity than 5 gallons.
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56. |
Automatic water-flushing cisterns
Every person who constructs an automatic water-flushing cistern in connexion with a urinal, and every person who, with the written permission of the local authority, constructs an automatic water-flushing cistern in connexion with a water-closet, shall, in the construction of such urinal or water-closet, and such automatic water-flushing cistern, comply with the following requirements—
(a) |
he shall cause such urinal or range of urinals, or such water-closet, trough- closet, or set of closets, to be erected in such a manner and in such a position that the automatic water-flushing cistern and the stop cocks connected thereto are easily accessible;
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(b) |
he shall cause such cistern to be provided with two stop cocks, one of a screw- down type for regulating, and the other for shutting off, the water supply, and shall cause such cistern to be regulated in the supply of water, and the water to be turned off at fixed hours, in accordance with any instructions given by the local authority.
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57. |
Water-closets to be kept provided with sufficient supply of water
The occupier of any premises on or for which any water-closet is for the time being provided shall, in so far as he is able, cause such water-closet at all times to be properly supplied with a sufficient quantity of water for the proper and efficient flushing thereof, and where, by the act or default of such occupier, any such water-closet is at any time without a proper and sufficient water supply as aforesaid such occupier shall be guilty of an offence.
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58. |
Position and enclosure of soil-water fittings
(1) |
Every person who constructs a soil water fitting in connexion with a building shall construct such soil-water fitting in such a position that it is against or adjacent to an external wall.
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(2) |
He shall also cause every such soil-water fitting to be enclosed in a suitable apartment constructed in such a manner and of such material as meet with the approval of the local authority and, in the case of any water-closet, in accordance with paragraph (a) of rule 61.
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(3) |
He shall not construct any such soil-water fitting or the apartment connected therewith so that it is approached directly from any room used for the purpose of human habitation, other than a bedroom, or used for the manufacture, preparation or storage of food for man, or used as a factory, workshop, workplace or public building.
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(4) |
He shall construct such soil-water fitting so that on any side on which it would about on a room intended for human habitation, other than a bedroom, or used for the manufacture, preparation or storage for food for man, or used as a factory, workshop, workplace or public building, it is enclosed by a solid wall or partition of brick, stone, concrete or other suitable materials, extending the entire height from the floor to the ceiling.
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59. |
Window and ventilation for soil-water fitting
(1) |
Every person who constructs a soil-water fitting in connexion with a building, whether the situation of such soil-water fitting is or is not within or partly within such building, shall construct in one of the walls of the apartment in which such soil-water fitting is situated a window, the whole of which shall be made to open, of not less dimensions than two square feet, exclusive of the frame, and opening directly upon the external air.
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(2) |
Such apartment as aforesaid, in addition to such window shall also be provided with adequate means of constant ventilation by at least one ventilating aperture, of not less dimensions than 144 square inches, exclusive of any frame, built in an external wall of such apartment.
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60. |
Trough-closets to open to external air
Every person who, in connexion with a building, constructs any water-closet of the kind known as a trough-closet shall construct such water-closet so that the entrance thereto opens directly to the external air.
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61. |
Conditions for construction of water-closets
Every person who constructs a water-closet in connexion with a building shall, in the construction of such water-closet, comply with the following requirements—
(a) |
(i) |
he shall cause the apartment in which such water-closet is constructed to be substantially built of brick, stone or cement concrete, or of iron framed with iron or wood, and such apartment shall not be of less size in any case than 5 feet by 3 feet inside measurements, and not less than 6 feet 6 inches in height; |
(ii) |
if such apartment is built of iron framed with iron or wood he shall cause such apartment to have a brick wall at least 4½ inches in thickness, or a stone wall at least 8 inches in thickness, or a cement concrete wall at least 4 inches in thickness, built up at least 2 feet above the level of the floor of the apartment and rendered with cement plaster at least ¾ inch in thickness and finished with a smooth surface; |
(iii) |
he shall cause every such apartment as aforesaid to be provided with proper doors and fastenings: Provided that, in the case of a water-closet of the kind known as a trough-closet, such doors and fastenings may with the written consent of the local authority, be omitted; |
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(b) |
he shall cause such water-closet to be fixed in either of the following manners but not otherwise—
(ii) |
he shall cause the whole of the pan of such water-closet to be so sunk below the level of the floor of the apartment in which such water- closet is constructed that the upper face of the flushing rim of such pan is at the level of the floor of the said apartment, and he shall cause the whole of the pan and the trap of such water-closet to be firmly embedded in good cement concrete at least 4 inches in thickness; and he shall also cause the floor of the said apartment to be constructed of good cement concrete at least 4 inches in thickness, and to be so laid with a slope on all sides of the pan of such water-closet that any liquid which may fall upon such floor will flow into the pan of such water- closet. |
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62. |
Requirements as to septic tanks, etc.
No person shall construct any septic tank, storage tank, sewage filter installation or other works for the treatment, reception or disposal of sewage except with the written permission of the local authority, and then only subject to the following conditions or such other conditions as it may impose—
Distance from buildings and plot boundaries
(a) |
he shall not construct any such septic tank, storage tank, sewage filter installation or other works for the treatment, reception or disposal of sewage under any building nor, except with the consent of the local authority, within 40 feet of any building or any plot boundary, nor so that it has, by drain or otherwise, any inlet for rain-water or other surface water or any outlet into or means of communication with any sewer;
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Situation and means of access
(b) |
he shall cause any such septic tank, storage tank, sewage filter installation or other works for the treatment, reception or disposal of sewage to be constructed in such a manner and in such a position as to afford ready means of access thereto for the purpose of cleansing the same, and of removing the contents thereof, and in such manner and in such a position as to admit of the contents thereof being removed therefrom and from the premises to which such septic tank, sewage filter installation, or other works for the treatment or disposal of sewage may belong, without being carried through any building;
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To be covered and ventilated
(c) |
he shall cause any such septic tank, storage tank, sewage filter installation or other works for the treatment, reception or disposal of sewage to be sufficiently covered over, to be adequately and efficiently ventilated and to be so protected as to prevent any nuisance therefrom and so as to prevent the breeding of mosquitoes in connexion therewith;
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Disposal of effluents and filtrates
(d) |
he shall not commence the construction of any such septic tank, storage tank, sewage filter installation or other works for the treatment, reception or disposal of sewage until the local authority is satisfied that adequate and satisfactory provision has been made for the periodic emptying and cleansing of the same, or for the innocuous disposal of the effluent or filtrate therefrom, as the case may be;
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(e) |
he shall cause the walls, floors, and coverings of any septic tank, sewage storage tank or effluent tank, and such parts of the walls of any enclosure tank for the reception of filtering medium that may be necessary, to be constructed of impervious materials and so as to be watertight.
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63. |
Disposal of sewage
No person shall dispose of solid or liquid sewage or sewage effluent in such a manner or in such a position as to cause or be likely to cause dampness in any building or part thereof, or to endanger the purity of any water supply, or to create any nuisance:
Provided that nothing in this rule shall be deemed to prohibit the disposal of waste water from baths, lavatory basins or kitchen sinks by a satisfactory method of surface irrigation or sub-irrigation in such a manner that neither dampness of buildings, the breeding of mosquitoes, the pollution of water supplies nor other form of nuisance is caused thereby.
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64. |
Notice to be given and plans deposited of new drainage works
(1) |
Every person who intends to construct or to carry out any drainage works or works connected in any way with the drainage of any premises shall deposit with the local authority, at its offices, notice in writing of such intention; and he shall at the same time deposit such plans, sections and particulars of the proposed works as may be required by the local authority.
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(2) |
He shall cause such plans and sections to be clearly and indelibly made on linen to a scale of not less than 1 inch to every 16 feet, and shall, amongst other things, show thereon every floor of any building in connexion with which such pipes or drains are to be used, and the position, form, levels and arrangements of the several parts of such building, including the roof thereof, and the size, gradient and position of every drain, and the size, position and mode of construction of every septic tank, cesspool or other receptacle for drainage, and every manhole or inspection chamber, and the size and position of every gully, soil-pipe, waste-pipe, ventilating pipe and rain-water pipe, and of any drain passing under such building, and the position of every bath, water-closet apparatus, slop-hopper, slop-sink, urinal, lavatory basin or apparatus, sink and trap in connexion with the foregoing.
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(3) |
He shall also show thereon the position of all windows and other openings into the building, within a distance of 20 feet from the open end of a soil-pipe or ventilating pipe.
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(4) |
He shall at the same time deposit with the local authority, at its offices, a detailed description in writing of the intended mode of constructing, jointing and fixing any such drain, septic tank, cess-pool or other receptacle for drainage, manhole or inspection chamber, gully, soil-pipe, waste-pipe, ventilating pipe, bath, water-closet apparatus, slop-hopper, slop- sink, urinal, lavatory basin or apparatus, sink or trap.
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(5) |
He shall at the same time deposit with the local authority, at its offices, a block plan of the premises upon which any such building is or is to be situated, or any such work is to be carried out, drawn to a scale of not less than 1 inch to every 16 feet, and he shall show thereon—
(a) |
the block plan of such building;
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(b) |
the position of the whole of the buildings on the premises, and so much of the properties adjoining thereto as may be affected by the proposed work;
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(c) |
the names of the streets or thoroughfares immediately adjoining the premises, and the number or designation of the premises;
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(d) |
the difference of the level between the lowest floor of such building and the adjoining ground;
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(e) |
the level of any yard, area or ground or open space belonging to such premises;
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(f) |
the lines of drainage, with the size, depth and inclination of the proposed drainage, the fall of the ground and the depth of the connexion to any sewer, septic tank, cesspool or other receptacle for drainage, and, so far as can be ascertained without opening the ground, the lines, size, depth and inclination of the existing drainage, the surface drains (if any) and the arrangement for the ventilation of the drains, the existing pipes and drains and the proposed pipes and drains, to be distinctly indicated by different colours;
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(g) |
the position, form and depth of every existing or proposed manhole or inspection chamber, gully, junction, bend and intercepting trap, and any connexion with a sewer, septic tank, cesspool or other receptacle for drainage;
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(h) |
the points of the compass:
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Provided that, where the plans, sections and particulars deposited under paragraph (1) clearly show the particulars herein before required to be shown on a block plan, it shall not be necessary to deposit a block plan.
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(6) |
The plans, sections, particulars and detailed description hereinbefore mentioned shall be deposited with the local authority twenty-eight days at least before the work is proposed to be commenced, and, in the case where a building is to be erected, before commencing the erection of such building.
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(7) |
Such person shall sign such plans, sections and particulars or cause the same to be signed by his duly authorized agent.
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65. |
Addition to, partial construction, reconstruction or alteration of existing drainage works
Every person who makes any addition to, partially constructed entirely or partially reconstructs or alter any such works as any described in rule 64 shall be deemed to have satisfied the provisions of that rule, if he causes a deposit to be made (in the manner therein provided) of any such plans, sections and particulars of the proposed addition, partial construction, entire or partial reconstruction or alteration as may be necessary for the purpose of enabling the local authority to ascertain whether such addition, partial construction, entire or partial reconstruction or alteration is in accordance with the provisions of these Rules and any other regulations rules and by-laws of the local authority relating thereto, and, in any case plants and sections have been previously deposited in conformity with rule 64, it shall be sufficient for him to refer to such previous deposit, and to give in writing the date thereof and to show the new work on the plans and sections to be deposited and only so much of the existing work as will enable the local authority to see the relative positions of the new and old work.
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66. |
Copy of plans, etc., to belong to local authority
One copy of any plans, sections and particulars deposited in compliance with the provisions of rules 64 and 65 shall remain the property of the local authority.
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67. |
Approval of drainage plans
So soon as the local authority is satisfied that any such plans, sections or particulars deposited in accordance with rules 64 and 65 do not contravene any of the provisions of these Rules and any other regulations, rules and by-laws of the local authority relating thereto, and are in other respects satisfactory, it shall cause its approval thereof to be signified in writing.
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68. |
Drainage work not to be commenced before approval obtained
No person shall begin to construct, install, connect, make any addition to, partially construct, entirely or partially reconstruct or alter any such works as are described in paragraph (1) of rule 64 until he has given notice of his intention and has deposited the plans, sections and particulars required by rules 64 and 65 and the local authority has either intimated its approval of such work or failed to intimate its disapproval thereof within the period hereinafter described in that behalf, and, subject to rule 70, no person shall, except with the written permission of the local authority, carry out such work as aforesaid otherwise than in accordance with the approved plans.
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69. |
In default of local authority drainage work may be proceeded with
If the local authority fails to intimate, within twenty-eight days of the receipt of any plans or notice delivered in accordance with these Rules, to the person submitting such plans its disapproval of the proposed work which the said person intends to carry out, the person submitting the plans may proceed with such work in accordance with such plans, but not so as to contravene any of the provisions of these Rules or any other regulations, rules and by-laws of the local authority relating thereto.
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70. |
Alteration and construction of drainage work in cases of urgency
Notwithstanding anything contained in any of the preceding rules of these Rules, where, in the opinion of the medical office of health, in consequence of either an existing nuisance or a case of infectious disease on any premises, the carrying out of any such work as is described in paragraph (1) of rule 64 and rule 65 such premises is a matter of urgency, the medical officer of health may serve a written notice upon the owner of such premises, a copy of which shall be delivered forthwith to the local authority, certifying that the carrying out of any such work as aforesaid is a matter of urgency, whereupon the owner of such premises may proceed forthwith to carry out such work before any such plans, sections or particulars as may be required under the said rules 64 and 65 have been deposited with the local authority, and shall forthwith send to the local authority notice in writing of his intention so to do:
Provided that—
(i) |
where, on a written certificate of urgency issued by the medical officer of health, any such work as aforesaid is carried out on any premises, the person carrying out such work shall, within 14 days from the date of the commencement of such work, deposit the plans, sections and particulars required by the said rules; |
(ii) |
nothing contained in this rule shall be held to relieve the person carrying out such work as aforesaid from the necessity of complying, in the carrying out of such work, with the provisions of these Rules and any other regulations, rules and by-laws of the local authority relating thereto. |
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71. |
Works notice before drainage work is commenced
(1) |
Every person who intends to carry out any such work as described in paragraph (1) of rule 64 and rule 65 shall deliver to the local authority, at its offices, notice in writing of such intention at least 24 hours before such person begins to carry out any such work as aforesaid.
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(2) |
The delivery of any notice and the deposit of any plans, sections or particulars as provided in rules 64 and 65 shall not be deemed to be a notice under this Rule.
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72. |
Notice that work is completed and ready for testing
(1) |
Every person who carries out any such work as is described in paragraph (1) of rule 64 and rule 65 shall, as soon as such work is ready for testing, give notice in writing to the local authority that such work is ready for testing, and he shall afford to any duly authorized officer of the local authority every facility for inspection and for the purpose of making such tests of the work as may be deemed necessary.
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(2) |
Upon receipt of any such notice as aforesaid, the local authority shall within 48 hours cause such work to be inspected and tested.
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73. |
Drainage work not to be covered up until tested and approved
No person shall proceed to cover up any such work as is described in paragragph (1) of rule 64 and rule 65 until such work has been inspected, tested and approved by the medical officer of health or other duly authorized officer of the local authority.
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74. |
Certificate to be issued on completion of drainage
Where any person carries out any such work as is described in paragraph (1) of rule 64 and rule 65, and where, after completion, such work has been inspected, tested and approved, the local authority shall issue to the owner of the premises upon which such work has been carried out a certificate in writing that the said work, after completion, inspection and testing, has been approved:
Provided that such certificate shall not in any way be held to impose any liability whatsoever on the local authority or any of its officers or on Government for any loss or damage that may be caused through any such work not being designed or carried out in a proper, efficient and workmanlike manner, or through any such work being carried out otherwise than in accordance with the approved plans and these Rules.
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75. |
Fresh notice to be given if work not proceeded with within one year
If any person who is entitled to proceed with any drainage work under rules 67 and 69 fails to do so within the period of one year, the notice given by him shall be held to have lapsed, and he shall give fresh notice of his intention before proceeding to carry out such work and that in the manner hereinbefore prescribed.
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76. |
Unauthorized drainage work
(1) |
Any person who carries out or begins to carry out any works in contravention of the provisions of these Rules shall be guilty of an offence, and whether proceedings have been taken against the person offending or not the local authority may serve upon the person so offending a notice in writing requiring him, within a time to be specified in such notice, to execute such alteration upon or to carry out such additions to such works as may be necessary to render such works in accordance with the provisions of these Rules, or to cut into, lay open, remove or demolish the same.
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(2) |
Local authority may order unauthorized work to be demolished.—Any person who fails to comply with the requirements of any such notice as aforesaid within the time specified therein shall be guilty of an offence, and the local authority may cause the said works to be altered, cut into, laid open, removed, demolished or otherwise dealt with, and may recover the expense of so doing as a civil debt recoverable summarily from the person so offending.
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77. |
Drainage work to be carried out by licensed plumbers and drainlayers
(1) |
No person shall construct or carry out any drainage works or any works connected in any manner with the discharge of liquid or solid matter into any drain, cesspool, septic, tank or sewer, or otherwise connected with the drainage of any premises, unless such person is in lawful possession of a licence obtained from the local authority authorising him so to do.
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(2) |
Such licence shall be in the form of a plumber’s licence or drainlayer’s licence in the Second Schedule, and any person to whom any such licence as aforesaid has been issued by the local authority shall be empowered to construct or carry out the following works only in respect of such licence—
Plumber’s licence
(a) |
every person to whom a plumber’s licence has been issued by the local authority shall be entitled to carry out any plumbing work in connexion 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 construct or lay any stoneware drain, inspection chamber, cesspool, septic tank, sewage filter installation or other works for the treatment or disposal of sewage;
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(b) |
every person to whom a drainlayer’s licence has been issued by the local authority shall be entitled to construct or lay any stoneware drain, 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 plumber:
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Provided that nothing in this Rule shall be deemed to prohibit any workman carrying out any such works as aforesaid, where such workman carries out such works under the direction, supervision and control of a licensed plumber or a licensed drainlayer.
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(3) |
Any person who contravenes any of the provisions of this rule shall be guilty of an offence.
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78. |
Plumbers and drainlayers must satisfy local authority of their competency
No plumber’s licence and no drainlayer’s licence shall be issued by the local authority to any person until such person has satisfied the local authority as to his competency to carry out the work of a licensed plumber or of a licensed drainlayer, and the local authority may require any person who applies for a plumber’s licence or a drainlayer’s licence to submit himself to examination by such a body of persons as the local authority may appoint for the purpose of ascertaining whether such person as aforesaid is competent to carry out the work of a licensed plumber or a licensed drainlayer in a satisfactory and efficient manner.
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79. |
Register of licensed persons to be kept by local authority and signed by licensees
Before the local authority issues a plumber’s licence or a drainlayer’s licence to any person, such person shall be required to sign a register, which shall be kept by the local authority, containing a declaration that he accepts such licence subject to, and that he will conform with, the conditions thereof and the provisions of these Rules and any other regulations, rules and by-laws of the local authority relating to drainage works or any works connected in any manner with the drainage of any premises.
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80. |
Licence to be produced for inspection
Any person to whom a plumber’s licence or a drainlayer’s licence has been issued by the local authority under these Rules shall, if called upon at any reasonable time to do so, produce his licence for the inspection of any duly authorized officer of the local authority or the medical officer of health or a sanitary inspector.
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81. |
Cancellation of licence
The local authority may at any time cancel any licence issued to any plumber or drainlayer under these Rules if the local authority is satisfied that such licensed plumber or such licensed drainlayer has, either by himself or by his workmen, caused or permitted any plumbing or drainlaying 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, rules or by-laws of the local authority relating to drainage works or any works connected in any manner with the drainage of any premises:
Opportunity for defence
Provided that, before any such licence is cancelled as aforesaid, the person whose licence it is proposed to cancel shall be given an opportunity of appearing before the local authority or before a committee appointed by the local authority, and of being heard in his own defence.
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82. |
Date of effect
Rules 77, 78, 79, 80 and 81 shall not come into force until after the expiration of a period of six months from the date of the application of these Rules under rule 2.
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83. |
New buildings must be provided with latrine accommodation
(1) |
It shall not be lawful newly to erect any domestic building or public building or to re- erect any domestic building or public building of which any two external walls have been pulled down or burned down or have fallen down to or below the level of the ground floor, or to occupy or, being the owner thereof, permit to be occupied any such domestic building or public building without proper and sufficient latrine accommodation so situated as to be conveniently accessible to all persons to be employed or accommodated therein.
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(2) |
For the purposes of this Rule, in the case of a domestic building the whole or any part or portion of which is designed or intended to be used as a dwelling-house, such a domestic building shall not be deemed to be provided with proper and sufficient latrine accommodation unless each and every dwelling-house in such domestic building is provided with proper, sufficient and separate latrine accommodation so situated as to be conveniently accessible to the inmates of such dwelling-house.
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(3) |
Notwithstanding anything contained in this Rule, where, in the opinion of the local authority, sufficient latrine accommodation can be so conveniently situated that it may be used in common by the inmates of two or more dwelling-houses or the inmates of one or more dwelling-houses and of any part of a domestic building not being a dwelling-house, it shall be lawful for the local authority to require to be provided such latrine accommodation as it may deem sufficient for the use of such occupants as aforesaid, and to allow such latrine accommodation to be used in common by such occupants.
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(4) |
Any person who causes any domestic building or public building newly to be erected or to be re-erected, or who occupies, or being the owner thereof permits to be occupied, any such newly erected or re-erected domestic building or public building, in contravention of the provisions of this rule, shall be guilty of an offence.
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84. |
Local authority to require latrine accommodation in existing buildings
(1) |
If a domestic building or a public building appears to the local authority to be without proper and sufficient latrine accommodation so situated as to be conveniently accessible to the inmates of or the persons employed or accommodated in such domestic building or public building, the local authority shall, by written notice served upon the owner or occupier of the domestic building or public building, require such owner or occupier, within a reasonable time to be specified in such notice, to provide proper and sufficient latrine accommodation so situated as to be conveniently accessible to the inmates of or the persons employed or accommodated in such domestic building or public building.
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(2) |
Any owner or occupier who, on receipt of such written notice, fails to comply with the requirements of such notice, and that within the time specified, shall be guilty of an offence, and the local authority may, after the expiration of the time specified in the notice, do the work required to be done, and may recover as a civil debt recoverable summarily from the owner the expenses incurred by them in so doing.
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(3) |
For the purposes of this rule, in the case of a domestic building the whole or any part or portion of which is used as a dwelling-house, such a domestic building shall not be deemed to be provided with proper and sufficient latrine accommodation unless each and every dwelling-house in such domestic building is provided with proper, sufficient and separate latrine accommodation so situated as to be conveniently accessible to the inmates of such dwelling-house:
Provided that where, at the date of the application of these Rules under rule 2, latrine accommodation has been and is used in common by the inmates of two or more existing dwelling-houses, or the inmates of one or more existing dwelling-houses, and of any part of an existing domestic building not being a dwelling-house, and if in the opinion of the local authority such latrine accommodation may continue to be so used, the local authority may permit such latrine accommodation to be used in common for such period of time as it may think fit, and it need not require separate latrine accommodation to be provided for each such dwelling-house.
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85. |
Latrines for factories and workshops, etc.
(1) |
The owner or occupier of every factory, workshop, work-place or other premises where persons are employed or in attendance provide such factory, workshop, workplace or other premises as shall with proper and sufficient latrine accommodation, regard aforesaid had to the number of persons employed in or in attendance being at such factory, workplace,workshop or other premises as aforesaid and also, where persons of both sexes are or are to be employed or in attendance, with proper accommodation for persons of each sex, and such owner or occupier shall, in the provision of such latrine accommodation, comply with the following requirements—
(a) |
in factories, workshops, workplaces or other premises as aforesaid where females are employed or in attendance, he shall provide one water-closet for every 25 females, or one pail closet for every 15 females;
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(b) |
in factories, workshops, workplaces or other premises as aforesaid where males are employed or in attendance, he shall provide one water-closet for every 25 males or one pail-closet for every 15 males:
Provided that, where the number of males employed or in attendance exceeds 100 and sufficient urinal accommodation is also provided, it shall be sufficient if there is one water-closet for every 25 males up to the first 100 and one for every 40 thereafter, or one pail-closet for every 15 males up to the first 105 and one for every 25 thereafter;
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(c) |
he shall, in calculating the number of latrines required under paragraphs (a) and (b) of this rule, reckon any number of persons less than 15, 25 or 40, as the case may be, as 15, 25 or 40 respectively;
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(d) |
he shall cause every latrine to be kept in a clean state;
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(e) |
he shall cause every latrine to be under cover and so partitioned off as to secure privacy, and if for the use of females to have proper doors and fastenings;
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(f) |
he shall cause all latrine accommodation to be so arranged and maintained as to be conveniently accessible to all persons employed in such factory, workshop, workplace or other premises as aforesaid at all times during their employment;
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(g) |
he shall, where persons of both sexes are employed, cause the latrines for each sex to be so placed or so screened that the interior is not visible, even when the door of any latrine is open, from any place where persons of the other sex have to work or pass; and, if the latrines for one sex adjoin those for the other sex, the approaches shall be separate;
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(h) |
he shall, when so required by the local authority, cause every latrine which is used at night to be provided with adequate lights kept lighted during the night.
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(2) |
If it appears to the local authority that the provisions of this Rule have not been complied with in regard to any factory, workshop, workplace or other premises where persons are employed or in attendance, the local authority shall serve a written notice upon the owner or occupier of such factory, workshop, workplace or other premises as aforesaid requiring such owner or occupier, within a time specified in such notice, to provide proper and sufficient latrine accommodation in accordance with this rule, and any such owner or occupier who fails to comply with the requirements of any such notice which has been served upon him, and that within the time specified, shall be guilty of an offence.
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86. |
Latrines for hotels, boarding-houses, theatres, public halls, etc.
(1) |
The owner or occupier of every hotel, boarding-house, church or place of public worship, theatre, public hall or public place of assembly for persons admitted by ticket or otherwise shall provide such hotel, boarding-house, church or place of public worship, theatre, public hall or public place of assembly as aforesaid with proper and sufficient latrine accommodation, regard being had to the number of persons for whom accommodation is or is to be provided in such hotel, boarding-house, church or place of public worship, theatre, public hall or public place of assembly as aforesaid and with proper separate accommodation for persons of each sex, and such owner or occupier shall, in the provision and maintenance of such latrine accommodation, comply with the following requirements—
(a) |
in hotels and boarding-houses—
(i) |
he shall provide one water-closet for females for every 40 persons who are or are to be accommodated therein, or one pail-closet for females for every 30 persons who are or are to be accommodated therein; |
(ii) |
he shall provide one water-closet for males for every 40 persons who are or are to be accommodated therein, or one pail-closet for males for every 30 persons who are or are to be accommodated therein: Provided that, where the number of persons who are or are to be accommodated therein exceeds 120 and sufficient urinal accommodation is also provided for males, it shall be sufficient if there is one water-closet for males for every 40 persons who are or are to be so accommodated up to the first 120, and one for every 60 thereafter, or one pail-closet for males for every 30 persons who are or are to be so accommodated up to the first 120, and one for every 40 thereafter; |
(iii) |
he shall, in calculating the number of latrines required under paragraphs (i) and (ii) of this subparagraph, reckon any number of persons less than 30, 40 or 60, as the case may be, as 30, 40 or 60 respectively; |
(iv) |
he shall cause all latrine accommodation to be so arranged and maintained as to be conveniently accessible at all times to all persons who are accommodated in such hotel or boarding-house: Provided that, in any case where any hotel or boarding-house is used or intended to be used for the accommodation of persons of one sex only, he shall provide such hotel or boarding-house with twice the number of latrines specified in paragraphs (a) and (b); |
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(b) |
in churches or places of public worship, he shall provide such latrine accommodation as the local authority may require;
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(c) |
in theatres, public halls, or public places of assembly as aforesaid—
(i) |
he shall provide one water-closet for females for every 200 persons who are or are to be accommodated therein, or one pail-closet for females for every 150 persons who are or are to be accommodated therein; |
(ii) |
he shall provide one water-closet for males for every 200 persons who are or are to be accommodated therein or one pail-closet for males for every 150 persons who are or are to be accommodated therein: Provided that, where the number of persons who are or are to be accommodated therein exceeds 150, he shall also provide proper and sufficient urinal accommodation for males in addition to any such water-closet as aforesaid; |
(iii) |
he shall, in calculating the number of latrines required under subparagraphs (i) and (ii), reckon any number of persons less than 150 or 200, as the case may be, as 150 or 200 respectively; |
(iv) |
he shall cause all latrine accommodation to be so arranged and maintained as to be conveniently accessible to all persons accommodated in such theatre, public hall or public place of assembly as aforesaid, at all times during which they are so accommodated: Provided that, notwithstanding anything contained in subparagraphs (i) and (ii), in the case of race meetings, shows or extraordinary gathering, it shall be lawful for the local authority to require such latrine accommodation in excess of the provision specified in those paragraphs, as the local authority may consider necessary; |
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(d) |
in hotels, boarding houses, churches or places of public worship, theatres, public halls or public places of assembly as aforesaid—
(i) |
he shall cause every latrine to be kept in a cleanly state; |
(ii) |
he shall cause every latrine to be under cover and so partitioned off as to secure privacy, and in the case of any water-closet or plain-closet to have proper doors and fastenings; |
(iii) |
he shall cause the latrines for each sex to be so placed or so screened that the interior is not visible, even when the door of any latrine is open, from any place where persons of the other sex have to or are permitted to pass; and, if the latrines for one sex adjoin those for the other sex, the approaches shall be separate; |
(iv) |
he shall, when so required by the local authority, cause every latrine which is used at night to be provided with adequate lights kept lighted during the night. |
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(2) |
If it appears to the local authority that the provisions of this rule have not been complied with in regard to any hotel, boarding-house, church, place of public worship, theatre, public hall or public place of assembly as aforesaid, the local authority shall serve a written notice upon the owner or occupier of such hotel, boarding-house, church, place of public worship, theatre, public hall or public place of assembly as aforesaid requiring such owner or occupier, within a time specified in such notice, to provide proper and sufficient latrine accommodation in accordance with this rule, and any such owner or occupier who fails to comply with the requirements of any such notice which has been served upon him, and that within the time specified, shall be guilty of an offence.
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87. |
Temporary latrines for workmen
Every contractor, builder or other person employing workmen for the demolition, construction, reconstruction or alteration of any building or other work in any way connected with a building shall, when so required by the local authority, provide in an approved position, and thereafter maintain for such time as workmen are engaged thereon, sufficient and convenient latrine accommodation for such workmen.
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88. |
Latrines for different races
(1) |
Notwithstanding anything contained in rules 83, 84, 85, 86 and 87, where on any premises persons of different races are or are to be employed, accommodated or in attendance, it shall be lawful for the local authority to require proper, separate and sufficient latrine accommodation to be provided for the sole use of persons of each race, so situated as to be conveniently accessible to such persons.
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(2) |
Such separate latrine accommodation which may lawfully be required by the local authority to be provided shall be in accordance with the standards laid down in rules 85 and 86, as the case may be.
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(3) |
For the purposes of this Rule, unless specially exempted by the local authority and subject to such conditions as it may impose, in the case of any premises the whole or any part or portion of which is used as one or more dwelling-houses the owner or occupier of such premises shall not be deemed to have provided proper, sufficient and separate latrine accommodation for the sole use of persons of each race unless has been provided for each dwelling-house.
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(4) |
If it appears to the local authority that the provisions of this Rule have not been complied with in regard to any premises on which persons of different races are employed, accommodated or in attendance, the local authority shall serve a written notice upon the owner or occupier of such premises requiring such owner or occupier, within a time specified in such notice, to provide proper and sufficient latrine accommodation for the sole use of persons of each race in accordance with this Rule, and any such owner or occupier who fails to comply with the requirements of any such notice which has been served upon him, and that within the time specified, shall be guilty of an offence.
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89. |
Improper use of latrines used in common
With respect to any latrine used in common by the occupiers of two or more separate dwelling-houses, domestic buildings or premises, or by other persons, if any such person injures or improperly fouls such latrine or anything used in common therewith, he shall be guilty of an offence.
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90. |
Improper use of public latrines
Any person who injures or makes improper or unclean use of any public latrine or a latrine provided in connexion with any church or place of public worship, theatre, public hall or other public place of assembly shall be guilty of an offence.
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91. |
No latrine other than water-closet to be constructed within 200 feet of sewer
(1) |
No person shall construct a latrine in connexion with a building, other than a water- closet or a urinal, where any part of the site of such latrine or such building is within 200 feet of a sewer belonging to the local authority which is at a suitable level, and where there is sufficient water supply.
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(2) |
Any person who constructs a latrine so as to contravene any of the provisions of this Rule shall be guilty of an offence, and the local authority may demolish and remove such latrine, and may recover from such person as a civil debt recoverable summarily the cost incurred in demolishing and removing the same.
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92. |
No latrine other than water-closet or urinal inside dwelling
No person shall provide, construct, fix, retain or use any latrine other than a water- closet or a urinal inside or under the same roof as any dwelling-house, and any person who provides, constructs, fixes, retains or uses any such latrine so as to contravene the provisions of this rule shall be guilty of an offence.
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93. |
Latrines other than water-closets and urinals to be protected against flies
Every person who erects any latrine, not being a water-closet or a urinal, in connexion with a building shall cause all reasonably practical measures to be used to prevent flies gaining access to the apartment of such latrine, and any person who, in the erection of any such latrine, fails to comply with the provisions of this rule shall be guilty of an offence.
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94. |
Local authority to enforce protection of latrines against flies
If it appears to the local authority that all reasonably practical measures have not been or are not being used to prevent flies gaining access to the apartment of any latrine, such latrine not being a water-closet or a urinal, the local authority shall serve a written notice upon the owner of such latrine requiring him, within a reasonable time to be specified in such notice, to carry out such reasonably practical works as may be necessary to prevent flies gaining access to the apartment of such latrine, and any owner who, on receipt of such notice, fails to comply with the requirements of such notice, and that within the time specified, shall be guilty of an offence.
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95. |
Requirements as to pail-closets
Every person who constructs or provides a pail-closet in connexion with a building shall, in the construction and provision of such pail-closet, comply with the following requirements—
Distance of pail-closets from kitchens
(a) |
he shall not construct or provide such pail-closet within ten feet of any kitchen;
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Pail-closets to be away from dwelling-house
(b) |
he shall not construct or provide such pail-closet within any part of a dwelling- house or under the same roof as any dwelling-house, but shall construct such pail-closet so that the entrance opens directly on to the external air, and so that on any side on which it would abut on any part of a dwelling-house it is separated from such dwelling-house by a solid wall or partition of brick, stone or concrete or other suitable materials extending the entire height from the floor to the ceiling;
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Pail-closet not to open on to certain rooms
(c) |
he shall not construct or provide such pail-closet so that it is approached directly from any room used for the manufacture, preparation, storage or sale of food for man, or used as a factory, workshop, workplace or public building, but shall construct or provide such pail-closet so that on any side on which it would abut on a room intended for the manufacture, preparation, storage or sale of food for man, or used a factory, workshop, workplace or public building it is enclosed by a solid wall or partition of brick, stone, concrete or other suitable materials, extending the entire height from the floor to the ceiling;
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Ventilation lobby for pail-closets in buildings
(d) |
where the entrance to such pail-closet does not open directly into the external air, he shall cause such pail-closet to be entirely separated and cut off from any room used for the manufacture, preparation, storage or sale of food for man, or used as a factory, workshop, workplace or public building, by means of a passage or lobby provided with a window of not less dimensions than two square feet, exclusive of the frame, and opening directly into the external air; and such passage or lobby, in addition to such window, shall also be provided with adequate means of constant ventilation by at least one ventilating aperture, of not less dimensions than 144 square inches, exclusive of any frame, built in an external wall of such passage or lobby;
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Pail-closets to be lighted and ventilated, and protected against flies
(e) |
he shall, whether the situation of such pail-closets is or is not within such building, construct in one of the external walls of such pail-closet an opening for light and ventilation of not less dimensions than two square feet, situated as near to the top of such pail-closet as convenient and communicating directly with the external air, which opening shall be properly and efficiently covered with fly-proof gauze so as to prevent the entrance of flies;
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(f) |
he shall construct or provide such pail-closet in such a position, if practicable, as to back on a sanitary lane, and in such a manner and in such a position as to afford ready means of access to such pail-closet, for the purpose of cleaning the same and of removing filth therefrom, and in such a manner and in such a position as to admit of all filth being removed from such pail-closet, and from the premises to which it may belong, without being carried through any domestic building or public building;
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Pail-closets to be built in accordance with a standard design
(g) |
he shall not construct or provide such pail-closet otherwise than in accordance with a standard pattern approved by the local authority or with plans and specification submitted to and approved by the local authority.
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96. |
Pit-closets not to be constructed without permit from local authority
No person shall construct or provide latrine accommodation of the kind known as a pit- closet or latrine accommodation situated over any hole or excavation in the ground which hole or excavation is intended for the reception of human excreta, except where, in the opinion of the local authority, the site of such proposed accommodation and the character of the soil are in every respect suitable and satisfactory for such a purpose, and the local authority has signified its approval thereof in writing, and then only subject to such conditions as the local authority may prescribe.
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97. |
Notices may be printed or written
Notices and other documents under these Rules may be in writing or in print, or partly in writing and partly in print, and, if the same require authentication by the local authority, the town engineer or the medical officer of health, the signature thereof respectively by the town clerk, town engineer, medical officer of health, sanitary inspector or District Commissioner, as the case may be, shall be sufficient authentication.
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98. |
Service of notices
Notices and other documents required or authorized to be served under these Rules may be served by delivering the same to or at the residence of the person to whom they are respectively addressed, or where addressed to the owner or occupier of premises by delivering the same, or a true copy thereof, to some person on the premises, or, if there is no person on the premises who can be served, by fixing the same on some conspicuous part of the premises; they may also be served by post by a prepaid letter, and if served by post shall prima facie be deemed to have been served at the time when the letter containing the same would be delivered in the ordinary course of post, and in proving such service it shall be sufficient to prove that the notice or other document was properly addressed and put in the post.
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99. |
Defect in form not to invalidate notices
No defect in the form of any notice or other document made under these Rules shall invalidate or render unlawful the administrative action, or be a ground for exception to any legal proceedings, which may be taken in the matter to which such notice or other document relates, provided the requirements thereof are substantially and intelligibly set forth.
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100. |
Penalties
Any person who is guilty of an offence under, or convention of, or default in complying with, any provision of these Rules shall be liable on conviction to a fine not exceeding five hundred shillings, and if the offence, contravention or default is of a continuing nature to a further fine not exceeding sixty shillings for each day during which he makes default.
FIRST SCHEDULE
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[Rule 50.]
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REQUIREMENTS REGARDING WATER-CLOSETS
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STANDARD TEST
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1. |
Trap to be properly filled with water. Coloured fluid to poured into trap. Basin to be soiled with plumbers’ soil or liquid mud. Flush.
Basin must be so cleared as to leave water in basin clear and clean at the completion of one flush.
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2. |
Trap to be properly filled with water. Four pieces of potato or apple to be placed in the trap, none of which shall exceed two inches in diameter. A piece of cotton waste, sponge or cloth to be placed in the trap, not to exceed two inches in diameter; also three pieces of toilet paper, crumpled up, to be placed in the trap, and toilet paper be placed over water surface and around sides of basin. Flush.
Basin must be completely cleared of all solids by one flush.
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SECOND SCHEDULE
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[Rule 77.]
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OFFICES OF THE LOCAL AUTHORITY,……………………………….……………………………….…………………, 20 …………….
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PLUMBER’S LICENCE
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PUBLIC HEALTH (DRAINAGE AND LATRINE) RULES
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Licence No. ……………………………….
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Mr. ……………………………………, of ………………………… Is hereby licensed as a plumber under the Public Health (Drainage and Latrine) Rules, and is entitled to carry out any plumbing work in connexion 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 construct or lay any stoneware drain, inspection chamber, cesspool, septic tank, sewage filter installation or other works for the treatment or disposal of sewage.
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………………………………Local AuthorityOFFICES OF THE LOCAL AUTHORITY,………………………………………………, 20………………
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DRAIN LAYER’S LICENCE
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PUBLIC HEALTH (DRAINAGE AND LATRINE) RULES
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Licence No. ……………………
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Mr. ……………………………., of ……………………………………………. Is hereby licensed as a drainlayer under the Public Health (Drainage and Latrine) Rules, and is entitles to construct or lay any stoneware drain, inspection chamber, cesspool, septic tank, sweage filter installation or other works for the treatment or disposal of sewage, but not in any way to perform the work of a plumber.
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……………………………….Local Authority
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APPLICATION OF THE ABOVE RULES UNDER RULE 2
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[Cap. 130 of (1948), Sub. Leg. G.N. 196/1951, G.N. 728/1951, G.N. 1113/1951, G.N. 1358/1951, G.N. 136/1952, G.N. 187/1952, G.N. 350/1952, L.N. 99/1956, L.N. 506/1957, L.N. 514/1957, L.N. 519/1957, L.N. 87/1958, L.N. 111/1958, L.N. 245/1958, L.N. 63/1959, L.N. 127/1959, L.N. 483/1959, L.N. 150/1960, L.N. 463/1960, L.N. 464/1960, L.N. 600/1962, L.N. 244/1963.]
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The whole of the Public Health (Drainage and Latrine) Rules have been applied to the following areas—
Kisumu Municipality.
[Cap. 130 of (1948), Sub. Leg. G.N. 187/1952.]
Eldoret Municipality.
Nakuru Municipality.
Nyeri Township.
[G.N. 728/1951, L.N. 483/1959.]
Nanyuki Township.
[G.N. 1358/1951, L.N. 483/1959.]
Malindi Township.
[G.N. 1113/1951.]
Voi Township.
[L.N. 99/1956, L.N. 111/1958.]
Thomson ’s Falls Township.
[G.N. 136/1952, L.N. 506/1957.]
Kitale Municipality.
[L.N. 519/1957.]
Kabarnet Township.
[L.N. 63/1959.]
Karatina Township.
[L.N. 150/1960.]
The following part of the district of the Kiambu African District Council, namely the area vested in the East African Railways and Harbours Administration, known as the Limuru Siding and Godown Plots, comprising plots L.R. Nos. 7882/1-8.
[L.N. 463/1960.]
The district of the Naivasha Urban District Council.
[L.N. 464/1960.]
That part of the district of the Gilgil Rural and Urban Council which comprises Gilgil Township.
[L.N. 464/1960.]
That part of the Ol Kalou Rural and Urban Council which comprises Ol Kalou Township.
[L.N. 464/1960.]
City Council of Nairobi.
[L.N. 600/1962.]
Embu Township.
[L.N. 244/1963.]
The following provisions of the Public Health (Drainage and Latrine) Rules have been applied to the following areas—
Kakamega Township: all except rules 77 to 82.
[Cap. 130 of (1948), Sub. Leg.]
Kisii Township: all except rules 18, 24 and 77 to 82.
[G.N. 196/1951.]
Kericho Township: all except rules 77 to 82.
[G.N. 350/1952.]
All townships and trading centres within the County of Nakuru, and the Lanet Planning Area: all except rules 77 to 82.
[L.N. 514/1957.]
Bungoma Township: all except rules 77 to 82.
[L.N. 87/1958.]
Ngong Township: all except rules 77 to 82.
[L.N. 245/1958.]
Kiambu Township: all except rules 77 to 82.
[L.N. 127/1959.]
Limuru Township: all except rules 77 to 82.
[L.N. 127/1959.]
PUBLIC HEALTH (KISUMU DENSITY OF DWELLINGS) RULES
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[Cap. 130 of (1948), Sub. Leg.]
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1. |
These Rules may be cited as the Public Health (Kisumu Density of Dwellings) Rules, and shall apply to the Municipality of Kisumu.
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2. |
In these Rules, unless the context otherwise requires—
“dwelling” means any house, room, shed, hut, cave, tent, vehicle, vessel or boat, or any other structure or place whatsoever, any portion whereof is used by any human being for sleeping or in which any human being dwells;
“dwelling-house” means a building or any part or portion of a building used or constructed, adapted or designed to be used for human habitation, as a separate tenancy, or by one family only, whether detached, semi-detached or separated by party walls or by floors from adjoining buildings, together with such outbuildings as are reasonably required to be used or enjoyed therewith;
“old bazaar” means and includes that area of the Municipality bounded on the south- east and east by the Railway boundary, to its junction with Temple Road, thence along Temple Road to its junction with Junction Road, thence along this road to its junction with the Railway boundary;
“plot” means any area of land being the subject of a separate lease or conveyance from the Government;
“subplot” means any portion of a plot, such portion being the subject of a separate registered conveyance, assignment or sublease, and extends also to and includes any portion of a plot being the subject of a separate sublease or upon which any building is erected which is wholly in, or is constructed or adapted to be wholly in, one occupation or is let or adapted to be let to a separate tenant.
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3. |
No person shall erect a building or make any alteration or addition to a building on any plot or subplot where such plot or subplot or such building as aforesaid, or any building or part of a building on such plot or subplot, is intended to be used as a dwelling unless at least half of the said plot or subplot is left unbuilt upon, unless the plot or subplot be so denuded of buildings that, after erecting such building or making such alterations or additions to a building as aforesaid, at least half of such plot or subplot shall be left unbuilt upon.
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4. |
No person shall use or, being the owner thereof, permit to be used any plot or subplot or any building or part of a building on any plot or subplot as a dwelling where, on the commencement of these Rules, such plot or subplot or such building or part of a building as aforesaid was not being used as a dwelling, unless at least half of the said plot or subplot has been left unbuilt upon or unless the said plot or subplot is so denuded of buildings that at least half of such plot or subplot is left unbuilt upon.
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5. |
On and after the 1st April, 1929, no person shall use or, being the owner thereof, permit to be used as a dwelling any plot or subplot or any building or part of a building on any plot or subplot, in the old bazaar, unless at least half of the said plot or subplot has been left unbuilt upon or unless the said plot or subplot is so denuded of buildings that at least half of such plot or subplot is left unbuilt upon.
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6. |
Notwithstanding anything to the contrary contained in rules 3, 4 and 5 in the case of buildings appearing in the opinion of the superintendent of conservancy to be constructed, adapted or designed to be used entirely as hotels or residential clubs, the proportion of the plot or subplot upon which such buildings stand or are to stand which shall be left unbuilt upon may be reduced to one-third.
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7. |
(1) No person shall so erect, add to or alter a building in such a manner that on the plot or subplot on which such building stands (such plot or subplot being not greater than one thirty-fifth of an acre) there is more than one dwelling-house, or so that there is any dwelling-house on any plot or subplot which is of less extent than one thirty-fifth of an acre, or so that the number of dwelling-houses over the whole area of such plot or subplot exceeds the number yielded by a ratio of thirty-five dwelling-houses to one acre.
(2) In determining the number of dwelling-houses which shall be permitted upon any plot or subplot in accordance with the foregoing provisions, no regard shall be had to any open spaces, streets or passages reserved or agreed to be reserved and abutting upon or in the vicinity of such plot or subplot.
(3) Nothing contained herein shall be deemed to apply to any building which, in the opinion of the superintendent of conservancy, is constructed, adapted or designed to be used as a hotel or residential club, and which in his opinion is unlikely, on account of the manner in which it may be used, to become a menace either to the health of the inhabitants thereof or of the community.
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8. |
No person shall so erect, add to or alter a building intended, adapted or designed to be used wholly or partially for human habitation that any portion thereof which constitutes a dwelling-house is without separate and independent access to a street, such street not being a sanitary lane or a passage.
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9. |
No person shall erect a building intended, adapted or designed to be used wholly or partially for human habitation on any plot or subplot which has not a frontage of at least fourteen feet upon a street, such street not being a sanitary lane or a passage.
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10. |
The superintendent of conservancy shall have powers in every case to determine whether any street is a sanitary lane or a passage, and his decision shall be final, but no street measuring forty feet or more in width shall in any circumstances be deemed to be a sanitary lane or a passage.
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11. |
Any person guilty of an offence against, or contravention of, or default in complying with, any of the provisions of these Rules shall be guilty of an offence, and liable to a fine not exceeding five hundred shillings, and, if the offence, contravention or default is of a continuing nature, to a further fine not exceeding sixty shillings for each day during which he makes default.
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PUBLIC HEALTH (MOMBASA STORAGE OF HIDES AND SKINS) RULES
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[Cap. 130 of (1948), Sub. Leg.]
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1. |
These Rules may be cited as the Public Health (Mombasa Storage of Hides and Skins) Rules, and shall apply to the Municipality of Mombasa.
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2. |
In these Rules—
“hides and skins” means the hide or skin of any animal which, in the opinion of the local authority, is in such a state or condition as to be likely to give rise to any noxious or offensive smell;
“hide and skin godown” means any building or part of a building used, or constructed, adapted or designed to be used, for the storage, preparation, examination or packing of hides or skins or both, or in any part of which any hide or skin or both are dealt with in any manner;
“hide and skin godown area” means that area on the west side of Mombasa Island included within the boundaries as follows: from high-water mark at the NW. corner of plot 23 section III southerly along the western and south-western boundaries of plot 23 section III to the junction of Hobley and Makupa Roads at survey beacon 17F; thence southerly through beacon 31 on the southern boundary of plot 80 section II to beacon B88 on the southern boundary of plot 74 of section II, thence through the north-west corner of plot 60 of section II, along the western boundaries of plots 60 and 103 of section II and along the southern boundary of plot 103 of section II to survey beacon B84; then southerly through plot 98 of section II and through survey traverse beacon 570 to survey beacon URL on the southern boundary of plot 271 of section II; thence through the NE. corner of plot 38 of section II in a southerly direction along the western boundary Sheriffbhai Street to its junction with the Kilindini Road; thence westerly along the northern boundary of Kilindini Road to the SW. corner of plot 57 of section I; thence along a straight line running due west to high-water mark in Kilindini Harbour and thence northerly along high-water mark to the NW. corner of plot 23 section III, the point of commencement.
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3. |
No person shall erect any building intended, adapted or designed to be used as a hide and skin godown in any part of the Municipality of Mombasa except in the hide and skin godown area; and no person shall use any existing building or part of an existing building in the Municipality of Mombasa as a hide and skin godown unless such building or part of a building is situated in the hide and skin godown area:
Provided that, subject to the provisions of rules 4, 5, 6 and 7, the provisions of this rule shall not apply to the use of an existing building or part of an existing building as a hide and skin godown where such building or part of a building, although not situated in the hide and skin godown area, is in use as a hide and skin godown at the commencement of these Rules.
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4. |
(1) Where, at the commencement of these Rules, any existing building or part of an existing building, not situated in the hide and skin godown area, is in use as a hide and skin godown, the owner of such building or part of a building or the person using such building or part of a building as a hide and skin godown may, within a period of thirty days from the commencement of these Rules, make written application to the District Commissioner for a certificate of registration in respect of such premises as a hide and skin godown, whereupon the District Commissioner shall issue a certificate of registration in respect of such premises as a hide and skin godown.
(2) The District Commissioner, on the expiration of such period, may, in his discretion, refuse to register any such premises as aforesaid as a hide and skin godown where application for a certificate of registration as a hide and skin godown in respect of such premises has not been made within such period.
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5. |
No certificate of registration as a hide and skin godown in respect of any such premises as are described in paragraph (1) of rule 4 shall be issued unless and until a certificate in writing has been issued by the local authority that it has no objection.
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6. |
Every certificate of registration as a hide and skin godown issued in respect of any premises not situated within the hide and skin godown area shall be for a period of six months only, and a fee of two shillings shall be paid to the District Commissioner in respect of every such certificate of registration issued.
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7. |
No person shall use any building or part of a building not situated within the hide and skin godown area as a hide and skin godown unless and until a current certificate of registration as a hide and skin godown in respect of such premises has been issued by the District Commissioner.
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8. |
Any person who uses any building or part of a building as a hide and skin godown so as to contravene any of the provisions of these Rules shall be guilty of an offence and liable to a fine not exceeding five hundred shillings and, if a continuing offence, to a daily fine not exceeding forty shillings for each day during which the offence continues.
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PUBLIC HEALTH (KISUMU STORAGE OF HIDES AND SKINS) RULES
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[Cap. 130 of (1948), Sub. Leg.]
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1. |
These Rules may be cited as the Public Health (Kisumu Storage of Hides and Skins) Rules, and shall apply to the Municipality of Kisumu.
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2. |
In these Rules—
“hides and skins” means the hide or skin of any animal whatsoever;
“hides and skins godown” means any building or part of a building used, or adapted, or designed to be used, for the storage, examination or packing of dry hides and skins;
“hides and skins godown area” means and includes that area in Kisumu Municipality north-west of the Indian Bazaar, Section LXVIII, Plots No. 1 to No. 18 on Land Office Plan No. 24699, and also Section LV/I B.E.A. Corporation Ginnery site and Section LV/II, both on Plan No. 24699.
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3. |
No person shall erect any building intended, adapted or designed to be used as a hides and skins godown in any part of the Municipality of Kisumu, except in the hides and skins godown area; and no person shall adapt any existing building or part of a building in the Municipality of Kisumu as a hides and skins godown unless such building or part of a building is situated in the hides and skins godown area.
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4. |
After the expiry of a period of twelve months from the sale or the offering for sale of any or all of the plots in the hides and skins godown area, no person shall use any building or part of a building as a hides and skins godown unless such building or part thereof is situated in the hides and skins godown area.
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5. |
Any person who contravenes any of the provisions of these Rules shall be guilty of an offence and liable to a fine not exceeding five hundred shillings and, if a continuing offence, to a daily fine not exceeding forty shillings for each day during which the offence continues.
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PUBLIC HEALTH (MILK AND DAIRIES) RULES
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[Cap. 130 of (1948), Sub. Leg., L.N. 260/1956, L.N. 138/1959, L.N. 93/1960, L.N. 294/1979.]
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1. |
Citation
These Rules may be cited as the Public Health (Milk and Dairies) Rules.
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2. |
Application
The Minister may, by notice in the Gazette, declare that on and after a specified date the whole of these Rules, or specified provisions thereof, shall apply to the whole or a specified part of the district of any local authority (hereinafter referred to as the local authority).
[L.N. 138/1959, r. 2.]
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3. |
Interpretation
In these Rules—
“common carrier” means any person, including any government railway administration and any railway company, engaged in the business of transporting for hire property from place to place by land or inland navigation for all persons indiscriminately;
“cowshed” means any shed, stable or other premises in which a cow or cows are kept or accommodated;
“purveyor of milk” means any person, other than the Government, in possession or occupation of or keeping any dairy, or who sells milk or exposes, deposits or conveys milk for the purpose of sale, or who delivers milk or causes milk to be delivered for or in the process of sale, whether on private premises or in any street or other public place, and whether on his own account or as agent for or servant of any other person;
“registered dairy” or “registered premises” means any premises, or part thereof, in respect of which a certificate of registration of such premises or part thereof as a dairy has been issued by the local authority;
“registered dairyman” means any person to whom a certificate of registration of any premises as a dairy has been issued by the local authority;
“sanitary inspector” means a sanitary inspector in the employment of the Government and appointed by the Director of Medical Services to act as such within the district of the local authority.
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4. |
Dairies to be registered
(1) |
No person shall, within the district of the local authority, use any premises as a dairy unless such premises have been first registered by such local authority as a registered dairy and unless such person is in possession of a certificate to that effect in force and current for the time being which has been issued to him by such local authority; and any person using any premises as a dairy within the district of such local authority without having the same first registered as such and without being in possession of a certificate as aforesaid shall be guilty of an offence.
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(2) |
For the purposes of these Rules, the person by whom the business of a dairy is actually being carried on and supervised on any premises shall be deemed to be the person using such premises as a dairy.
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5. |
Local authority may register dairy outside district
The local authority may, if it thinks fit and subject to the provisions of these Rules, issue a certificate of registration as a dairy in respect of any premises situate outside its district, where the person by whom the business of dairy is actually being or is to be carried on and supervised on such premises makes written application to the local authority for a certificate of registration of such premises as a dairy:
Provided that every such written application for a certificate of registration as a dairy of any premises situate outside the district of the local authority shall be accompanied by the consent in writing of the applicant and of the owner of such premises to the inspection at all reasonable times by the medical officer of health or a sanitary inspector or any duly authorized officer of the local authority of such premises, and to be subject to and observe and comply with such provisions of these Rules and to such other rules and regulations of the local authority as the local authority on the report of the medical officer of health may consider necessary.
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6. |
Provisions as to certificates of registration
(1) |
Every certificate of registration of any premises as a dairy issued under these Rules shall expire on the 31st December of the year for which it has been granted:
Provided that the local authority issuing such certificate of registration shall have the option in any case to grant such certificate for a period of six months, which shall be valid till the 30th June or, if issued after the 30th June, till the 31st December, next following its date only.
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(2) |
In respect of every certificate of registration of any premises as a dairy issued under these Rules, a fee shall be payable to the local authority; the fee for a certificate of registration for a period of six months shall be five shillings and for an annual certificate of registration ten shillings.
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(3) |
A certificate of registration of any premises as a dairy shall not be issued to any person other than the person by whom the business of a dairy is actually to be carried on and supervised upon such premises, and a certificate so issued shall not be transferable from the person to whom it was issued to any other person without the previous permission in writing of such local authority, and no such certificate permission shall in any case be transferable from the premises in respect of which it was granted to any other premises.
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7. |
Application for registration
Every person desiring a certificate of registration of any premises as a dairy under these Rules shall make application to the local authority of the district in which such premises are situate, either in writing or otherwise, and shall supply the following information on request—
(a) |
the name, address and occupation of the applicant;
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(b) |
the situation of the premises in respect of which the certificate of registration is desired;
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(c) |
a full description and particulars of the premises;
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(d) |
any other information required by such local authority or medical officer of health.
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8. |
Form of certificate of registration
The certificate of registration of any premises as a dairy issued under these Rules shall be in such as shall from time to time be determined by the local authority, and shall specify—
(a) |
the name of the person to whom the certificate of registration is issued;
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(b) |
the situation of the registered premises;
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(c) |
the number of cowsheds (if any);
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(d) |
the maximum number of cows allowed in each cowshed at any one time;
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(e) |
the date when such certificate of registration expires.
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9. |
Premises to be suitable
No certificate of registration of any premises as a dairy shall be issued by the local authority to any person unless the premises in respect of which a certificate of registration is applied for are, in the opinion of the local authority on the report of the medical officer of health, suitable for the purpose of such registration in respect of drainage, lighting, ventilation, locality, construction, accommodation and general sanitation, and unless the requirements of these Rules and all such other regulations, orders or rules as may be applicable to dairies are complied with in respect of the premises to be used as a dairy:
Provided that notwithstanding anything contained in these Rules it shall be lawful for the local authority, on the report of the medical officer of health, to relax such provisions of these Rules as it may deem fit, with respect to premises from which milk is not supplied otherwise than in receptacles which are properly closed and sealed on delivery to the premises and which remain properly closes and sealed during the whole time from their delivery to the premises until their removal by the purchaser.
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10. |
Dairy and cowshed requirements
No certificate of registration of any premises as a dairy under these Rules shall be issued by the local authority unless the following are provided, and after the issue of such certificate of registration there shall at all times during the period thereof be provided and maintained by the registered dairyman—
Ventilation of cowsheds
(a) |
with respect to any cowshed—
(i) |
proper and effective ventilation of such cowshed by means of a sufficient number of ventilating apertures of adequate size and suitable construction in the proportion of not less than three square feet of ventilating aperture per animal; |
(ii) |
proper and effective lighting of such cowshed in the proportion of three square feet per animal by means of unobstructed windows, capable of being fully opened, and so placed as to secure proper lighting of every part of such cowshed; |
Air and floor space in cowsheds
(iii) |
in such cowshed for each animal an air space of not less than five hundred cubic feet and a floor space of not less than fifty square feet, and such internal arrangements as ensure that all animals accommodated therein may be kept in clean and healthy conditions; |
Floors of cowsheds
(iv) |
when so required by the local authority, an impervious floor of cement concrete, or other equally suitable material, or of stone set in mortar with joints grouted and flushed level with cement, such floor to be properly graded to a manure channel, not less than twelve inches wide and from four to six inches deep, with rounded corners, and with a fall in the floor of the channel towards the outlet of two inches in every ten feet;
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Drainage of cowsheds
(v) |
when so required by the local authority, for the reception and carrying off of the liquid manure of such cowshed, a properly trapped gully fixed outside such cowshed and connected to a public sewer, where such is available, and where such is not available drain the liquid manure shall be carried off by a suitable drain or pipe, and adequately and efficiently disposed of without creating a nuisance and to the satisfaction of the medical officer of health, the junction of the manure channel and the said drain or pipe being suitably protected;
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Milking room or enclosure for cowsheds
(vi) |
when so required by the local authority, a room or suitable enclosure in which to milk cattle, such room or enclosure to be adequately protected against dust, to be well lighted and ventilated, to be provided with an impervious floor suitably graded towards a satisfactory outlet, and to be adequately and efficiently drained;
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Manure receptacle for cowsheds
(vii) |
when so required by the local authority, a suitable receptacle in which to deposit manure and other refuse, which shall be at least fifty feet distant from any milking shed, milk store or place in which milk vessels or utensils are stored and from any dwelling, such receptacle, when so required by the local authority, to be effectively protected against flies;
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|
(b) |
with respect to all dairies—
Wholesome and adequate water supply for dairies
Wholesome and adequate water supply for dairies
(i) |
a wholesome and conveniently accessible water supply in sufficient quantity for all purposes connected with such dairy, including the cleansing of all utensils and appliances; |
Impervious floor for dairies
(ii) |
when so required by the local authority, an impervious floor to the whole or any part of such dairy premises constructed to the satisfaction of the local authority; |
General requirements for dairies
(iii) |
proper and sufficient lighting and ventilation and proper accommodation and arrangements for safeguarding the milk and milk products from contamination by flies, vermin, dust or other impurities; |
Storage for milk vessels
(iv) |
suitable and sufficient accommodation outside any dwelling or cowshed, stable or other place where animals are accommodated, for the washing and storing when not in use of all milk receptacles and dairy utensils;
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Sterilizing of milk vessels
(v) |
suitable apparatus and arrangements for the sterilizing of all bottles, cans and other receptacles for milk, and dairy utensils;
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Store room for milk
(vi) |
when so required by the local authority, a room, known as a milk room, to be used solely for the purpose of straining, bottling, canning or keeping therein milk and clean milk vessels only; such room to be adequately protected against dust and effectively protected against flies, and to be provided with an impervious floor properly graded to a suitable outlet;
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Drainage of dairies
(vii) |
proper, sufficient and effective drainage of such premises;
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Refuse bin to be provided
(viii) |
a proper and sufficient refuse bin fitted with a good and efficient lid of such a pattern and constructed of such materials as meet with the approval of the local authority;
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Accommodation and facilities for persons living or working in dairies
(ix) |
suitable and sufficient housing, washing and sanitary accommodation for any person or persons living in or employed on such dairy premises.
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11. |
Milk not to be deposited in place where liable to become infected or contaminated
No registered dairyman shall, upon his registered premises, deposit, store or keep or permit to be deposited, stored or kept, any milk intended for sale—
(a) |
in any room or place where such milk would be liable to become infected or contaminated by impure air, or by any offensive, noxious or injurious gas, emanation, exhalation, effluvium or substance;
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(b) |
in any room used as a kitchen or as a living, sleeping or work room;
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(c) |
in any room or building or part of a building communicating directly, by door, window or otherwise, with any sanitary convenience or urinal, or with any room used as a sleeping room or in which there may be any person suffering from any infectious or contagious disease, or which may have been used by any person suffering from any such disease and which may not have been properly disinfected thereafter to the satisfaction of the medical officer of health;
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(d) |
in any room or building or part of a building in which there may be any direct inlet to any sewer, drain or cesspool;
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(e) |
in any milk vessel not properly covered so as effectually to prevent the contamination of the milk contained therein; or
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(f) |
in any milk vessel which has not been thoroughly cleansed and sterilized since the last occasion of use and which is not in a thoroughly clean condition at the time of use.
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12. |
Permitted number of cows to be painted on the doors of cowshed
In the case of any cowshed connected with a registered dairy, the registered dairyman shall paint and maintain, or cause to be painted or maintained, on the door or on the outside wall and close to the door of every cowshed, in legible figures not less than three inches square, the maximum number of cows permitted by his certificate of registration to be stabled or accommodated in such cowshed at any one time, and no registered dairyman shall stable or accommodate or permit to be stabled or accommodated in any such cowshed on his registered premises any bovine in excess of the maximum number of cows as specified in his certificate of registration permitted to be stabled or accommodated in such cowshed.
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13. |
Dairies not to communicate with bedrooms, etc.
No dairy shall communicate directly with any bedroom, sanitary convenience or urinal, and no dairyman shall use or permit to be used such dairy for keeping, storing, purveying or selling kerosene oil, fish or any other substance which, in the opinion of the medical officer of health, would be injurious to the milk or milk products.
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14. |
Thorough cleanliness to be maintained in dairies
Every registered dairyman shall, upon his registered premises—
(a) |
at all times maintain the whole of his registered premises in a thorough state of cleanliness and ventilation;
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(b) |
cause the floor of every cowshed, and the floor of every room or enclosure in which milk or milk products are deposited, stored or sold, or in which milk vessels or utensils are stored, to be thoroughly cleansed before ten o’clock in the morning of each day and every day;
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(c) |
cause every place and the surroundings thereof where milking takes place to be kept in a thorough state of cleanliness, and cause adequate precautions to be taken to prevent contamination of milk by flies, dust or otherwise;
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(d) |
cause the manure from any cowshed to be removed at least twice in every twenty-four hours from such cowshed, and cause the manure so removed from such cowshed to be entirely removed from his registered premises at least once in every forty-eight hours and suitably disposed of;
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(e) |
cause adequate measures to be taken to prevent liquid manure from overflowing on to or saturating the ground under or around any cowshed;
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(f) |
cause the ceiling or inner surface of the roof (except a roof constructed of a material such as to render lime-washing unsuitable), exposed roof-timber, posts and stalls, and the inner surface of every wall of such dairy, including any cowshed (excepting so much as may be painted or tarred or covered with a material such as to render lime-washing unsuitable and as may be otherwise properly cleansed), to be thoroughly cleansed down and then lime- washed at least four times in each year, viz., in the months of January, April, July and October, and at such other time as may be required by the medical officer of health, and cause all ceilings, walls and ledges of such premises to be swept down and kept free from dust, dirt and cobwebs at all times;
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(g) |
cause all vessels, utensils and appliances used in such dairy, including any cowshed, to be kept in good repair and effectively clean to the satisfaction of the medical officer of health, and for the latter purposes to be cleaned and sterilized in accordance with the following provisions, and to be stored in such manner to remain clean until used—
(i) |
all vessels, utensils and appliances shall, as soon after use as is practicable, be thoroughly rinsed and washed with or without detergents and, before use again, shall be scalded with boiling water or steam or otherwise effectively cleansed with a chemical agent approved by the Minister; |
(ii) |
if any agent or detergent has been used for cleansing any vessels for milk, dairy utensils or appliances, the person using such agent or detergent shall use all reasonable precautions to remove all trace thereof from such vessels or milk and dairy utensils, before they are again brought into contact with milk; |
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(h) |
take all proper and necessary precautions for preventing the infection of contamination by dust, dirt, flies, vermin, effluvia or otherwise of any milk or milk product, produced, stored, kept or deposited in such dairy, including any cowshed.
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15. |
Requirements as to premises
Every registered dairyman shall comply with the following requirements upon his registered premises—
No sleeping or birds, etc., in dairies or cowsheds
(a) |
he shall not use or permit to be used any cowshed, or any room or rooms used or adapted to be used for the keeping or storing of milk, milk products or milk vessels or utensils, as a sleeping apartment for any human being or for the accommodation of any poultry, pigeons or other birds, or for any purposes injurious to the proper preservation of the cleanliness of the building or of the milk, milk products or milk vessels or utensils therein or in any manner likely to cause contamination of milk or milk products;
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Keeping milk in cowsheds, etc.
(b) |
he shall not keep or store or permit to be kept or stored any milk or milk products in any cowshed or stable;
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Milk to be removed forthwith
(c) |
he shall, immediately after the process of milking, forthwith remove or cause to be removed all milk to a proper milk room or such other room or place as has been provided and adapted for the storage of milk;
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Milk bottles not to be filled in cowsheds, etc.
(d) |
he shall not fill or permit to be filled in any cowshed, stable or sleeping apartment any bottle, vessel or container intended for use in distributing or purveying milk;
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Only bovines to be kept in cowsheds
(e) |
he shall not use or permit to be used any cowshed for the keeping therein of animals other than bovines, and each bovine, so far as air space is concerned, shall count as a cow for the purposes of these Rules;
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Accommodation to be kept clean
(f) |
he shall cause all housing, washing and sanitary accommodation provided for or used by any person or persons living or employed on such dairy premises to be maintained at all times in a clean and sanitary condition;
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No grooming or sweeping during milking
(g) |
he shall not carry out or permit to be carried out in any cowshed any grooming or sweeping or any feeding with dusty forage while, or immediately before, milking is in progress;
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No swine to be kept within one hundred feet of a dairy
(h) |
he shall not keep or permit to be kept any swine within one hundred feet of any dairy or any cowshed or dwelling upon such registered premises, and when a swine is kept on the said premises beyond that distance he shall cause the styes and such other accommodation as may be provided for such swine to be maintained in a thoroughly clean and sanitary condition, and the drainage therefrom shall be disposed of in such manner as is approved by the medical officer of health;
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Abstract of rules to be exhibited
(i) |
he shall, if so required by the local authority, affix or cause to be affixed and maintained in such registered premises in a conspicuous and easily accessible place a copy of these Rules or any prescribed abstract thereof which may be supplied to him for that purpose by the local authority; |
(j) |
he shall ensure that all cows kept by him are groomed daily and kept free from accumulation of manure, mud or other filth;
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Hairs on flanks, etc., to be clipped
(k) |
he shall ensure that the long hairs upon the flanks, udders and tails of all cows kept by him are clipped and kept short;
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(l) |
he shall ensure that the udders and teats of all cows kept by him are washed clean and dried with a clean cloth immediately before milking, and that the first stream from each teat is rejected;
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Provision for washing hands
(m) |
he shall provide and keep or cause to be provided and kept at all times on such registered premises a receptacle for clean water, and also soap and a nailbrush for the purpose of cleansing the hands of every person employed or engaged in milking cows, or in handling, conveying or selling milk;
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Cleanliness of hands and clothing whilst milking
(n) |
he shall ensure that every person who milks a cow on such premises washes his hands with soap and clean water, using a nailbrush, immediately before commencing to milk such cow, and wears a clean overall of a type to be approved by the medical officer of health, whilst so employed, or is clad solely in a pair of clean shorts or trousers;
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Cleanliness of hands and clothing whilst handling milk
(o) |
he shall ensure that every person employed or engaged on such premises in handling, conveying or selling milk is clean as to his person, hands and clothing whilst so employed or engaged.
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16. |
Occurrence of certain diseases in cattle to be notified
Every dairyman shall forthwith notify or cause to be notified to the local authority in respect of any cows or other animals in or on his dairy premises the occurrence recently or at the time being in any such cow or other animal of any infectious or contagious disease or any disease of, inflammation of, swelling of or discharge from the udder, or any general wasting disease.
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17. |
Local authority may cancel certificate of registration in certain cases
(1) |
If, at any time during the currency of a certificate of registration of any premises as a dairy issued under these Rules, the sanitary conditions of the premises in respect of which it has been issued are found to be such as are likely to render the milk liable to contamination or infection in such a way as to be dangerous to the health of the consumers, or in the opinion of the medical officer of health of the registered dairyman is not carrying out any of the provisions of these Rules, the local authority by whom the certificate of registration of such premises was issued may forthwith cancel such certificate of registration, and refuse to issue a new certificate until the premises in respect of which it was issued have been cleansed or placed in good sanitary condition, or until the provisions of these Rules have been complied with.
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(2) |
Such local authority may in like manner cancel the certificate of registration if the milk is purveyed or delivered or distributed or conveyed from such premises in or into the district of such local authority under conditions which render the milk liable to contamination or infection, and may refuse to issue a new certificate until such conditions have been rectified.
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(3) |
Such local authority also may cancel the certificate of registration if the registered dairyman refuses to allow any duly authorized officer to make an inspection of the premises at any time during the currency of such certificate of registration, in accordance with these Rules.
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18. |
Milk purveyors to be licensed
No person shall, within the district of the local authority, carry on or be engaged in the trade or business of a purveyor of milk without being first licensed as such and in possession of a certificate to that effect in force and current for the time being from such local authority, and any person who carries on or is engaged in the trade or business of a purveyor of milk within the district of the local authority without complying with the provisions of this rule shall be guilty of an offence:
Provided that, notwithstanding anything contained in these Rules, a person may convey milk through the district of such local authority without being licensed as aforesaid where such person proves to the satisfaction of such local authority that the milk so conveyed is not for sale and not intended for sale within the district of such local authority, or that he is conveying milk within the district solely in the capacity of a common carrier.
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19. |
Licensed purveyor of milk to carry certificate of licence
(1) |
Every licensed purveyor of milk shall carry upon his person his certificate of licence as a purveyor of milk whilst in any manner engaged in his business as a purveyor of milk, and every licensed purveyor of milk shall, on request being made to him by the medical officer of health or a sanitary inspector or any duly authorized agent of such official or any duly authorized officer of the local authority, or any police officer of or above the rank of Inspector, exhibit to any such officer or agent as aforesaid, for the purpose of inspection, his certificate of licence as a purveyor of milk.
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(2) |
Every licensed purveyor of milk who fails to carry upon his person his certificate of licence as aforesaid, or who omits or refuses to exhibit his certificate of licence when requested as aforesaid, shall be guilty of an offence.
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20. |
Provisions as to certificates of licence
(1) |
Every certificate of licence issued to any person as a purveyor of milk under these Rules shall expire on the 31st December of the year for which it has been granted.
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(2) |
A fee of one shilling shall be payable to the local authority in respect of every certificate of licence as a purveyor of milk issued under these Rules.
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(3) |
No certificate of licence as a purveyor of milk shall in any case be transferable from the licensee to any other person, and such certificate shall only be valid in the district of the local authority issuing such certificate of licence.
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21. |
Application for certificate of licence
(1) |
Every person desiring a certificate of licence as a purveyor of milk under these Rules shall make personal application to the medical officer of health of the district in which he intends to carry on the trade or business of a purveyor of milk, and shall supply the following information on request—
(a) |
the name, address and occupation of the applicant;
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(b) |
the name and address of the person (if any) by whom he is employed or to be employed as a purveyor of milk;
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(c) |
the source of the applicant’s intended milk supply;
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(d) |
the name and address of the person, if any, from whom the applicant intends to purchase his milk supply;
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(e) |
any other information required by the medical officer of health.
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(2) |
Every such applicant shall, if so required by the medical officer of health, submit himself to a medical examination.
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22. |
Form of certificate of licence
The certificate of licence of any person as a purveyor of milk issued under these Rules shall be in such form as shall from time to time be determined by the local authority, and shall specify—
(a) |
the name of the person, including his registration number under the Registration of Persons Act (Cap. 107) (if any), to whom the certificate of licence is issued;
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(b) |
the name and address of the person (if any) by whom he is employed or to be employed as a purveyor of milk;
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(c) |
any endorsement as to change in condition of employment as a purveyor of milk;
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(d) |
the date when such certificate of licence expires.
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23. |
Licensed purveyors of milk must report changes as to employment
(1) |
Every licensed purveyor of milk shall, in the event of the occurrence of any of the following circumstances in the carrying on of his trade or business as a purveyor of milk, at once report the same to the local authority issuing his certificate of licence—
(b) |
any change from the condition of a purveyor of milk as an employee to that of a purveyor of milk on his own account;
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(c) |
any change from the condition of a purveyor of milk on his own account to that of a purveyor of milk as an employee.
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(2) |
On the report of any licensed purveyor of milk, to such local authority, of the occurrence of any of the circumstances as are hereinbefore provided, such local authority shall cause the certificate of such licensee to be endorsed accordingly, and any licensed purveyor of milk who fails to report to such local authority the occurrence of any of the aforesaid circumstances, or who continues to carry on the trade or business of a purveyor of milk without having his certificate of licence endorsed in accordance with these Rules, shall be guilty of an offence.
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24. |
Purveyor of milk to be healthy
No certificate of licence of any person as a purveyor of milk shall be issued by the local authority to any person where the medical officer of health has certified in writing that the applicant for such a certificate is not a fit and suitable person, on medical grounds, to be engaged in the trade or business of a purveyor of milk, or where such applicant has refused to submit himself for medical examination when so required by the medical officer of health.
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25. |
Delivery vehicles
Every licensed purveyor of milk who himself or by his servant sells or distributes or delivers for sale or in the process of sale milk from any vehicle or any carrier shall have conspicuously inscribed on such vehicle or carrier his name and address, and he shall further cause such vehicle or carrier to be kept in a thoroughly clean condition, and shall not use it or permit it to be used for any purpose which may lead to the contamination or infection of the milk carried or conveyed therein.
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26. |
Local authority may cancel certificate of licence in certain cases
If, at any time during the currency of a certificate of licence to any person as a purveyor of milk issued under these Rules, the person to whom the certificate of licence has been issued—
(a) |
makes default in complying with any of the provisions of these Rules relating to purveyors of milk;
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(b) |
when required by any duly authorized officer to supply information which, by virtue of his office and the powers conferred upon him under these Rules, such officer is entitled to require, withholds or refuses such information or knowingly gives false or misleading information;
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(c) |
is certified by a medical officer of health to be not a fit and proper person, on medical grounds, to be engaged in the trade or business of a purveyor of milk; or
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(d) |
refuses to submit himself to a medical examination when so required by the medical officer of health,
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the local authority issuing such certificate of licence may cancel the same and refuse to issue a new certificate.
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27. |
Surplus milk from one or two milch cows sold to immediate neighbours
Nothing contained in rules 4 and 18 shall be deemed to apply to any person selling or supplying to his immediate neighbours the surplus milk of any milch cows kept for the production of milk for his own use and consumption, where such person keeps not more than two such cows.
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28. |
Certain milk not to be sold
No dairyman, and no purveyor of milk, shall sell or prepare, expose, deposit, convey, deliver or mix with any other milk, or permit to be prepared, exposed, deposited, conveyed or delivered or mixed with any other milk for sale, milk—
(a) |
which has been or is likely to have been contaminated or exposed to any infection or is in a condition likely or liable to prove unwholesome or injurious or dangerous to the health of man;
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(b) |
when presenting any marked deviation from the normal composition or ordinary characters or appearances as regards colour, odour, taste or general conditions;
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(c) |
when produced by any animal manifestly the subject of constitutional, acute or infectious or contagious disease, or suffering from any disease of, inflammation of, swelling of or discharge from the udder, or any general wasting disease, or by any animal not completely recovered from the febrile state and other conditions incidental to parturition; or
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(d) |
when produced by any animal at the time being or recently in any cowshed or on any premises in which any animal is suffering or has recently suffered from any infectious or contagious disease, or from any animal which has otherwise recently been exposed to the infection of any such disease, whether such animal is so suffering or not, until such time as the medical officer of health certifies in writing that such milk is not likely to be unwholesome, injurious or dangerous for human consumption.
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29. |
Use of infected milk for feeding animals
Nothing contained in rule 28 shall be taken as preventing the use of any such milk for the purpose of feeding animals, provided that such milk has in every such case first been thoroughly boiled, and has not been produced by any animal suffering from anthrax.
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30. |
Infected persons not to enter dairies or handle milk or milk vessels
Every dairyman and every purveyor of milk shall by inquiry keep himself informed of any sickness occurring amongst his employees or in any premises in which he or his employees reside, and it shall not be lawful for any dairyman or purveyor of milk—
(a) |
knowingly to allow any person suffering from any contagious or infectious disease, or who is living in any premises in which there is a case of infectious or contagious disease, or who has recently been in contact with a person so suffering, to milk cows or other animals or in any way to take part in the production or distribution or storage of milk or milk products or to enter his dairy premises; or
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(b) |
if he himself is so suffering, or has recently been in contact with an infected person or living in any infected premises as aforesaid, to milk cows or other animals or in any way to take part in the production or distribution or storage of milk or milk products, or to enter any dairy premises, until in each case all danger therefrom of the communication of infection to the milk or milk products or their contamination has, in the opinion of the medical officer of health, ceased.
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31. |
Outbreak of disease to be notified
Every dairyman and every purveyor of milk shall inform the medical officer of health without delay of the occurrence of any infectious or contagious disease amongst any persons residing or engaged or employed upon his dairy premises or amongst any of his employees, and shall comply with all requirements of the medical officer of health for disinfecting the premises and preventing the spread of such disease.
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32. |
Outbreak of sickness attributable to milk
(1) |
Whenever the medical officer of health of any district is of opinion that the outbreak or spread of sickness or disease within his district may be attributable to milk soldor produced or purveyed or distributed by any dairyman or purveyor of milk, such dairyman or purveyor of milk shall, on being required by the medical officer of health, exhibit for inspection all invoices, accounts, books and other documents relating to the supply of such milk, and shall furnish forthwith to such medical officer of health—
(a) |
a full and complete list of the names and addresses of the customers or persons supplied with milk by such dairyman or purveyor of milk; and
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(b) |
a full and complete list of the names and addresses of the persons from whom and of the situation of the places from which, during a period to be specified by the medical officer of health, the milk or any part of the milk sold or distributed by such dairyman or purveyor of milk was obtained.
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(2) |
Any dairyman or purveyor of milk who fails to comply with the provisions of paragraph (1) shall be guilty of an offence.
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33. |
Power to forbid sale or use of milk in certain cases
If it appears to the medical officer of health, or to the local authority on the certificate of such medical officer of health, that the consumption of any milk or milk products from any source within or outside the district of such local authority or such medical officer of health is likely to cause the outbreak or spread of infectious or contagious disease, such local authority or such medical officer of health may forthwith prohibit the introduction or distribution or storage or sale or use within their district of such milk or milk products for a period to be specified by such local authority or such medical officer of health, and any person introducing or distributing or storing or selling or using within the district of such local authority or such medical officer of health any milk or milk products in contravention of any such prohibition shall be guilty of an offence.
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34. |
Milk receptacles to be provided with approved covers
Every registered dairyman and every licensed purveyor of milk shall provide and fit, or cause to be provided and fitted, proper and efficient covers, lids or stoppers, of a material and of a pattern to be approved by the local authority, to all bottles, cans, churns or other receptacles used or intended to be used for receiving, storing, conveying, delivering or distributing milk for sale or intended for sale.
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35. |
Milk receptacles to be clean and of approved pattern
No registered dairyman, and no licensed purveyor of milk, shall—
(a) |
use or permit to be used for receiving the milk from any animal any receptacle which is not of a material or pattern approved by the local authority; or
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(b) |
sell, or offer or expose or deposit for sale, or have in his possession for the purpose of sale or delivery or distribution for or in the process of sale, any milk in a bottle or can or churn or other receptacle which is not of a material and pattern approved by the local authority, or which by reason of its condition cannot be rendered clean and sanitary by washing by steam or boiling water or an approved chemical agent, or which has not been thoroughly cleansed and sterilised with steam or boiling water or an approved chemical agent before each occasion of use or refilling, or which is unclean; or
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(c) |
use or permit to be used in connexion with any approved receptacle for milk any stopper, lid or cover which is not of a material or pattern approved by the local authority, or which is unclean or liable, owing to its condition, to cause contamination of the milk contained in such receptacle, or which has not been thoroughly cleansed or sterilised in the manner described in paragraph (b) before each occasion of use.
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36. |
Cleansing of person and clothing whilst handling or conveying milk
Every dairyman and every purveyor of milk shall ensure that, when he himself or when on his behalf any other person handles, conveys, distributes, delivers or sells milk, he shall be clean as to his hands, person and clothing whilst so employed or engaged, and any dairyman or purveyor of milk who fails to ensure that the provisions of this Rule are complied with shall be guilty of an offence.
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37. |
Presumption
Any milk found in the possession of any dairyman or purveyor of milk, or in any dairy premises, or in any vehicle or carrier or milk vessel in the possession or use of any dairyman or purveyor of milk, shall be deemed to be intended for sale for human consumption until the contrary shall have been proved to be the case by such dairyman or purveyor of milk.
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38. |
Revoked by L.N. 294/1979, r. 2.
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39. |
Comparative records of inspections and examinations
(1) |
The local authority may from time to time compile comparative records of—
(a) |
the results of inspection made by the medical officer of health, or sanitary inspector, of all or any dairies registered by such local authority, the record of such inspections to be ascertained by such methods as the medical officer of health may from time to time decide upon;
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(b) |
the results of chemical and bacteriological examinations, made by the Government analyst and Government bacteriologist respectively, of the milk sold within the district of such local authority, or exposed, deposited or conveyed for the purpose of sale within the district of such local authority, or delivered for or in the process of sale within the district of such local authority, by all or any purveyors of milk, or dairymen, whether such milk is produced at a dairy situated within or without the district of the local authority, and whether the said purveyors of milk or dairymen are carrying on or are engaged in the business of purveyors of milk or dairymen within or outside the district of such local authority.
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(2) |
Such local authority may from time to time publish such comparative records, together with the names of the respective dairymen and purveyors of milk, or such portions of such comparative records with names as such local authority may deem necessary, for public information, either by publication in any newspaper circulating within the district of such local authority or by affixing the same to any notice board or boards of such local authority, or by such other means as such local authority may from time to time decide.
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40. |
Revoked by L.N. 294 of 1979, r. 2.
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41. |
Offences
Where a dairyman or a purveyor of milk is charged with an offence under these Rules, he shall be entitled, upon information duly laid by him, to have any other person whom he charges as the actual offender brought before the court at the time appointed for hearing the charge; and if, after the commission of the offence has been proved, the dairyman or the purveyor of milk proves to the satisfaction of the court—
(a) |
that he has used due diligence to enforce the execution of these Rules; and
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(b) |
that the said other person has committed the offence in question without his knowledge, consent or connivance,
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that other person shall be convicted of the offence, and the dairyman or the purveyor of milk shall be exempt from any fine, and the person so convicted shall, in the discretion of the court, be also liable to pay any costs incidental to the proceedings.
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42. |
Bovines not to be kept within thirty-five feet of a dwelling
(1) |
No person shall stable or otherwise accommodate any bovine animal within thirty- five feet of a dwelling, such distances being measured in a straight line from the nearest point of the stable or other place where such bovine is accommodated to the nearest point of the dwelling.
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(2) |
No person shall stable or otherwise accommodate any bovine animal within one hundred feet of a dwelling (such distance being measured in a straight line from the nearest point of the stable or other place where such bovine is accommodated to the nearest point of the dwelling) unless the stable or other place where such bovine is or is to be accommodated has been established as premises for or accommodating of a bovine animal at the time of the application of this Rule.
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(3) |
For the purposes of this Rule, where the owner or occupier of any stable or other place where a bovine animal was accommodated at the time of the application of this Rule fails to give written notice to the local authority within sixty days from the date of the application of this Rule that he is the owner or occupier of premises established at the time of the application of this Rule for the stabling or accommodating of a bovine animal, such stable or other place as aforesaid shall not be deemed to have been established as premises for the stabling or accommodating of a bovine animal at the time of the application of this rule.
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43. |
Information to be given when required as to place of production of milk
Any dairyman, or any purveyor of milk, or any producer or consignee of any milk or milk products, or any servant or agent of any such person or persons, who, when required by the medical officer of health or sanitary inspector or any other person duly authorized by the local authority to give information as to the place or places in which was produced any milk or milk products stored, deposited, exposed, conveyed, distributed or intended to be distributed for the purpose of sale, offered for sale, sold or in course of delivery for or in the process of sale, withholds or refuses such information or knowingly gives false or misleading information shall be guilty of an offence.
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44. |
Powers of entry and inspection
The medical officer of health, sanitary inspector or any other person duly authorized by the local authority may enter any dairy premises or any grazing ground where cows are grazed, at any hour reasonable for the proper performance of the duty, for the purpose of inspecting the premises and the cows, milk, milk products, receptacles for milk and utensils kept therein, and the provisions made for keeping the same in good, clean and sanitary condition, and of ascertaining whether the requirements of these Rules are being observed, and the medical officer of health may examine any person resident on or employed or engaged in or about any such premises for the purpose of ascertaining whether such person is suffering from any infectious or contagious disease.
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45. |
Veterinary officer may enter premises and inspect milch cattle
(1) |
A veterinary officer may enter at any time upon any premises in which any cow for the production of milk for sale is kept or housed or milked and examine any cow or other animal therein, and may milk any such cow or demand that any such cow be milked in his presence, and may carry away any sample or samples of milk so obtained for the purpose of examination, and, should there be reason to believe or suspect that any such cow or animal is suffering from any contagious or infectious or other disease liable to render milk produced by such cow or animal unwholesome or injurious or dangerous for human consumption, may carry out such investigations including the inoculation of any such cow or animal, as he may deem necessary to determine whether such cow or animal is suffering from disease.
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(2) |
Any dairyman who by the wilful act or default of himself or his servant fails to render such veterinary officer all reasonable assistance in any such examination or investigation as aforesaid, or in obtaining any sample or samples of milk as hereinbefore provided, shall be guilty of an offence.
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46. |
Veterinary officer may require milch cattle to be assembled for inspection
(1) |
A veterinary officer may, by written notice, require the owner or keeper of any cows which are kept or used for production of milk for sale to assemble all such cows upon his premises, under proper control, for the purpose of veterinary inspection, at a time to be specified in the said notice, which shall not in any case be less than twenty-four hours from the time of the service of such notice.
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(2) |
Any such owner or keeper who by the wilful act or default of himself or his servant fails to comply with such notice, and to render the said veterinary officer all reasonable assistance, shall be guilty of an offence.
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47. |
Obstruction of officers
Any person wilfully obstructing the medical officer of health, veterinary officer, sanitary inspector or any duly authorized agent of such officer, or any duly authorized officer of the local authority, in the performance of his duties under these Rules shall be guilty of an offence.
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48. |
Court may cancel certificate on conviction for offence
On the conviction of any registered dairyman or licensed purveyor of milk for an offence under these Rules, the court may, on the application of such local authority or medical officer of health, cancel his certificate of registration or of licence, as the case may be, and order that no new certificate shall be granted under these Rules to such person for a period not exceeding two years from the date of such cancellation, and thereupon such person shall become disqualified to hold a certificate during such period of cancellation.
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49. |
General penalty
Any person who is guilty of an offence under these Rules shall, where no penalty is expressly prescribed, be liable to a fine not exceeding five hundred shilling or to imprisonment for a term not exceeding two months or to both.
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50. |
Local authority may proceed against servant or agent
Where it appears to a local authority that an offence has been committed in respect of which proceedings might be taken under these Rules against a dairyman or a purveyor of milk, the local authority shall, if reasonably satisfied that the offence of which complaint is made was due to an act or default of a servant or agent of such dairyman or purveyor of milk without his knowledge, consent or connivance, and that he has used due diligence to enforce the execution of these Rules, take proceedings against the servant or agent without first proceeding against such dairyman or purveyor of milk.
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51. |
Rules to apply mutatis mutandis to milk intended for human food other than cow’s milk
The foregoing rules of these Rules shall mutatis mutandis apply to the sale or production, collection, storing, keeping, preparation, delivery, conveying, transmission or exposure for sale of milk intended for human consumption from any animal other than a cow, and to the keeping of any such animal for the production of such milk.
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52. |
Rules not to apply to hotels, boarding houses, etc.
Nothing in these Rules shall be deemed to apply to hotels, boarding-houses or other like premises, where milk is sold or prepared for sale only to persons dwelling on the premises, or to apply to persons so selling or preparing milk.
APPLICATION OF THE ABOVE RULES UNDER RULE 2
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[Cap. 130 of (1948), Sub. Leg., G.N. 433/1949, G.N. 729/1951, G.N. 1242/1951, G.N. 1413/1951, G.N. 163/1952, G.N. 819/1952, G.N. 577/1954, L.N. 24/1956, L.N. 25/1956, L.N. 218/1959, L.N. 540/1960, L.N. 396/1961, L.N. 217/1964, L.N. 178/1965, L.N. 285/1966, L.N. 349/1966,L.N. 255/1967, L.N. 24/1976.]
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The whole of the Public Health (Milk and Dairies) Rules have been applied to the following areas—
Eldoret Municipality;
[Cap. 130 of (1948), Sub. Leg.]
Kisumu Municipality;
Nairobi Municipality;
Nakuru Municipality;
[G.N. 433/1949.]
Kitale Municipality;
Nyeri Township;
[G.N. 729/1951.]
Nanyuki Township;
[G.N. 1242/1951.]
Machakos Township;
[G.N. 1413/1951.]
Kapsabet Township;
[G.N. 163/952.]
Kericho Township;
[G.N. 577/1954.]
County of Nairobi;
[L.N. 24/1956.]
The district of the Nyanza North Rural District Council;
[L.N. 25/1956.]
The district of the Thomson’s Falls Urban District Council;
[L.N. 218/1959.]
Kiambu Township;
[L.N. 540/1960.]
Limuru Trading Centre, within the district of the Kiambu African District Council;
Malindi Township;
[L.N. 396/1961.]
The County of Nyandarua;
The County of Murang’a;
[L.N. 217/1964.]
Kisii Urban Council area;
[L.N. 178/1965.]
The County of Nyeri;
Meru Urban Council area;
Karatina Urban Council area;
[L.N. 285/1966.]
Kakamega Urban Council area;
[L.N. 349/1966.]
Narok Township;
Nairagie Ngare Trading Centre;
Kilgoris Trading Centre;
Ololunga Trading Centre;
[L.N. 255/1967.]
The County Council of Kwale;
The County Council of Kilifi;
The County Council of Taita/Taveta;
The County Council of Kiambu;
The County Council of Trans Nzoia;
The County Council of Elgeyo Marakwet;
The County Council of Nandi;
The County Council of Kipsigis;
The County Council of Nakuru;
The County Council of Laikipia;
The County Council of Wareng.
[L.N. 24/1976.]
The following provisions of the Public Health (Milk and Dairies) Rules have been applied to the following areas—
Mombasa Municipality: all except rule 27;
[Cap. 130 of (1948), Sub. Leg.]
Kakamega Township: rules 3, 18-24, 26, 28, 30-38, 40, 43, 44, 47 and 48;
Embu Township: rules 3, 18-24, 26, 28, 30-38, 40, 43, 44, 47 and 48;
[G.N. 819/1952.]
Kisii District: the whole of the rules, except rules 12, 25 and 42;
[L.N. 178/1965.]
The County of Kirinyaga: the whole of the Rules, except rule 27.
[L.N. 285/1966.]
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THE PUBLIC HEALTH (PORT, AIRPORT AND FRONTIER HEALTH) RULES
ARRANGEMENT OF RULES
3. |
Duties of health officer
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5. |
Procedure for grant of pratique
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6. |
Additional sanitary measures may be taken
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7. |
Removal of infected persons
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8. |
Suspect may be placed under surveillance
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9. |
Steps to be taken when ship or aircraft refuses to submit to measures required by a health officer
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10. |
Aircraft lands elsewhere than airport
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13. |
Information and assistance
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14. |
List of passengers, crew and cargo
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16. |
Aircraft to land at scheduled airport
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19. |
Medical examination before departure
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20. |
Sanitary measures in respect of luggage and animals
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21. |
Sanitary measures in respect of postal parcels
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23. |
Flag "L" and warning lights
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24. |
Communication with quarantined ship or aircraft
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25. |
Quarantine of prohibited immigrant
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27. |
Orders or instructions by health officer
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28. |
Instructions to officers in command
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29. |
Isolation of infected persons, etc.
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37. |
Disinfection and destruction of articles
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38. |
Certificate of disinfection
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39. |
Destruction of unsound food
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40. |
Prevention of nuisance in port
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41. |
Nuisances on board ships or aircraft
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43. |
Prohibition of nuisance
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44. |
Maritime Declaration of Health
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45. |
Aircraft Health Declaration
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47. |
Vaccination certificates of armed forces
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48. |
Additional sanitary measures
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SCHEDULES
FIRST SCHEDULE [r. 2] — |
AIRPORTS
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SECOND SCHEDULE [r. 30, 46(1)] — |
MEDICAL DEPARTMENT
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THIRD SCHEDULE [r. 2, 46(2)] — |
FORM OF CERTIFICATE ISSUED BY THE GOVERNMENT OF KENYA
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FOURTH SCHEDULE [r. 2, 46(3)] — |
FORM OF CERTIFICATE ISSUED BY THE GOVERNMENT OF KENYA
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FIFTH SCHEDULE [r. 2, 46(3)] — |
FORM OF CERTIFICATE ISSUED BY THE GOVERNMENT OF KENYA
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SIXTH SCHEDULE [r. 44(3)] — |
MARITIME DECLARATION OF HEALTH
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SEVENTH SCHEDULE [r. 4] — |
NOTICE OF EXPECTED ARRIVAL OF A VESSEL
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PUBLIC HEALTH (COVID-19 RESTRICTION OF MOVEMENT OF PERSONS AND RELATED MEASURES)
RULES, 2020
1. |
Citation
These Rules may be cited as the Public Health (COVID-19 Restriction of Movement of Persons and Related Measures) Rules 2020.
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2. |
Interpretation
Unless the context otherwise requires, in these Rules —
"commercial vehicle" has the meaning assigned to it in the Traffic Act;
"gathering" means any gathering, grouping, assembly, crowd, or procession in or on any public road or space, any building, place or premises, including wholly or partly in the open air, and including any premises or place used for any barber shop, massage parlor and beauty salon activities, gymnasium, spa, sporting, religious, cultural, political, academic, and fundraising purposes but does not include a market;
"market" means any public place used for the trade of food and farm produce;
"infected area" means an area to which these Rules apply, as the Cabinet Secretary may, by order, declare;
"law enforcement officer" means a police officer, National Government Administration Officer or medical officer of health;
"public place" means any outdoor, indoor, enclosed, or partially enclosed area which is open to the public or any part of the public, or to which members of the public ordinarily have access, and includes a workplace and a public conveyance;
"restriction period" means the period specified by the Cabinet Secretary in the order declaring an area to be an infected area.
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3. |
Declaration of infected area
The Cabinet Secretary may, by order, declare these Rules to be in force within an area specified in the order and such area shall be deemed to be an infected area.
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4. |
Restriction of movement of persons
(1) |
During the restriction period, there shall be no movement of persons into or out of an infected area, either by road, rail or air, unless the movement into or out of an infected area is for the purpose of—
(a) |
transportation of food and farm produce for commercial purposes including rice, beans, maize, potatoes, cassava, cabbages, kale, spinach, tomatoes, onions, bananas, eggs, meat, fish, chicken, dairy products, tea, coffee, miraa and other food items and farm produce.
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(b) |
transportation of all types of lawful cargo and goods including construction material, fuel and pharmaceutical products.
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(c) |
Ambulances transporting patients to health facilities located within an infected area.
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(2) |
Provided that for purposes of sub-rule (1)—
(a) |
commercial vehicles or vessels entering or exiting an infected area for purposes of collecting food and farm produce, cargo and goods, shall upon proof in writing, be deemed to be undertaking transportation of food and farm produce, cargo and goods.
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(b) |
commercial vehicles or vessels including lorries and pick-up trucks shall, in addition to food and farm produce, cargo and goods, carry only the driver and no more than three assistants.
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(3) |
The persons referred to under sub-rule (2) (b) herein shall be designated in writing by the employer in a manner that substantially corresponds with Form 1 set out in Schedule I and shall on demand by a law enforcement officer, produce the prescribed documentation.
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(4) |
A person permitted to enter or exit an infected area under sub-rule (1) or as the case may be; may be subjected to screening for COVID-19
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(5) |
Any person who contravenes sub-rules (1), (2), (3) or provides false information, commits an offence.
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5. |
Restriction of transport services
(1) |
All public transport services including passenger rail services, bus services, matatu services, taxicab services, motorcycle services, tricycle services, e-hailing services, and air passenger transport services into or out of an infected area are prohibited during the restriction period.
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(2) |
All private cars into or out of an infected area are prohibited during the restriction period.
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(3) |
During the restriction period, all public transport services including passenger rail services, bus services, matatu services, taxicab services, motorcycle services, tricycle services, e-hailing services and private cars may operate within an infected area subject to the following conditions —
(a) |
passenger rail services, bus services, matatu services, taxicab services and e-hailing services vehicles shall not carry more than 50% of their licensed capacity;
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(b) |
motorcycles shall carry only one passenger or goods;
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(c) |
bicycles shall carry only the rider;
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(d) |
tricycles may carry goods and not more than one passenger; and
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(e) |
private vehicles shall not carry more than 50% of the licensed capacity.
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(4) |
Users of public or private transport and public transport operators shall wear a proper mask that must cover the person's mouth and nose.
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(5) |
A person who contravenes sub-rules (1), (2), (3), or (4) commits an offence.
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6. |
Hygiene conditions
(1) |
Every person who is in a public place during the restriction period shall—
(a) |
maintain a physical distance of no less than one metre from the next person; and
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(b) |
use a proper face mask that must cover the person's mouth and nose.
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(2) |
Every organisation, business entity, trader or vendor whether in a market or enclosed premises shall—
(a) |
provide at their business location or entrance to their premises, a handwashing station with soap and water or an alcohol-based sanitizer approved for use by the Kenya Bureau of Standards;
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(b) |
put in place measures to ensure that physical distance of no less than one metre is maintained between persons accessing or within their premises or business location; and;
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(c) |
regularly sanitize their premises or business location.
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(3) |
A person who contravenes sub-rules (1) or (2) commits an offence.
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7. |
Prohibition of gatherings
(1) |
Save for a funeral undertaken in accordance with sub-rule (2), any gathering as defined under rule 2 is prohibited during the restriction period.
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(2) |
For purposes of these Rules, a funeral shall not be regarded as a prohibited gathering provided that—
(a) |
attendance at the funeral shall be limited to fifteen people;
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(b) |
night vigils shall not be held in relation to a funeral;
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(c) |
hygiene conditions under rule 6 are adhered to; and
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(d) |
all the conditions under rule 8 (1) of the Public Health (Prevention, Control and Suppression of COVID-19) Rules, 2020 are adhered to.
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(3) |
A person who contravenes sub-rule (1) commits an offence.
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8. |
Disposal of bodies
Where a person infected with COVID-19 dies, the body shall be interred or cremated within forty-eight hours from the time of death.
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9. |
Detention of Motor Vehicle
A person who contravenes either rules 4 (1), (2), (3) or 5 (1), (2), (3), (4) may have their vehicle detained in a police station or any other place as the Inspector-General of the National Police Service may designate, pending their arraignment in court and/or for the duration of the restriction period.
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10. |
Exemption
The Cabinet Secretary may exempt any person from the provisions of the Rules on such terms and conditions as he shall certify in writing.
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11. |
Penalty
A person who commits an offence under these Rules shall, on conviction, be liable to a fine not exceeding twenty thousand shillings or to imprisonment for a period not exceeding six months or both.
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SCHEDULE I
Form 1
I,.................... (Full name) of National Identity Card number .............. and telephone number........... hereby certify that our employee named below provides ............... service being a service exempted under rule 4 (1) of the Public Health (COVID-19 Restriction of Movement of Persons and Related Measures) Rules, 2020.
Full name of employee
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National Identity Card number
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Residential area and details (Estate, location, street)
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Job description
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Telephone number
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Purpose of the trip
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Assigned motor vehicle's registration number
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Origin and destination of the vehicle
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Nature of cargo
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Signed at ..............., on this .............. day of .............. 2020.
Institution/business/entity .............................................................................
Physical address ........................................................................................
Postal address..........................................................................................
Office telephone number .................................................................................
Signature of authorized officer .........................................................................
Official stamp of institution ...........................................................................
PUBLIC HEALTH (COVID-19 RESTRICTION OF MOVEMENT OF PERSONS AND RELATED MEASURES)
RULES, 2020
1. |
Citation
These Rules may be cited as the Public Health (COVID-19 Restriction of Movement of Persons and Related Measures) Rules 2020.
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2. |
Interpretation
Unless the context otherwise requires, in these Rules —
"commercial vehicle" has the meaning assigned to it in the Traffic Act;
"gathering" means any private gathering or meeting for a social, cultural, economic or other purpose or public gathering, meeting, grouping, assembly, crowd, or procession, in or on any public road or space, any building, place or premises including wholly or partly in the open air, and including any premises or place used for sporting, entertainment, religious, cultural, political, academic, and fundraising purposes, for any barber shop, massage parlour and beauty salon activities or as bars or similar establishments, theatres and cinema, gymnasium, spa, dine-in restaurants and food courts, but does not include a market and an ordinary family gathering within a single household or living unit;
"market" means any public place used for the trade of food and farm produce;
"infected area" means an area to which these Rules apply, as the Cabinet Secretary may, by order, declare;
"law enforcement officer" means a police officer, National Government Administration Officer or medical officer of health;
"public place" means any outdoor, indoor, enclosed, or partially enclosed area which is open to the public or any part of the public, or to which members of the public ordinarily have access, and includes a workplace and a public conveyance;
"restriction period" means the period specified by the Cabinet Secretary in the order declaring an area to be an infected area.
[L.N 56/2020, r. 2(a)]
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3. |
Declaration of infected area
The Cabinet Secretary may, by order, declare these Rules to be in force within an area specified in the order and such area shall be deemed to be an infected area.
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4. |
Restriction of movement of persons
(1) |
During the restriction period, there shall be no movement of persons into or out of an infected area, either by road, rail or air, unless the movement into or out of an infected area is for the purpose of—
(a) |
transportation of food and farm produce for commercial purposes including rice, beans, maize, potatoes, cassava, cabbages, kale, spinach, tomatoes, onions, bananas, eggs, meat, fish, chicken, dairy products, tea, coffee, miraa and other food items and farm produce.
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(b) |
transportation of all types of lawful cargo and goods including construction material, fuel and pharmaceutical products.
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(c) |
Ambulances transporting patients to health facilities located within an infected area.
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(2) |
Provided that for purposes of sub-rule (1)—
(a) |
commercial vehicles or vessels entering or exiting an infected area for purposes of collecting food and farm produce, cargo and goods, shall upon proof in writing, be deemed to be undertaking transportation of food and farm produce, cargo and goods.
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(b) |
commercial vehicles or vessels including lorries and pick-up trucks shall, in addition to food and farm produce, cargo and goods, carry only the driver and no more than three assistants.
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(3) |
The persons referred to under sub-rule (2) (b) herein shall be designated in writing by the employer in a manner that substantially corresponds with Form 1 set out in Schedule I and shall on demand by a law enforcement officer, produce the prescribed documentation.
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(4) |
A person permitted to enter or exit an infected area under sub-rule (1) or as the case may be; may be subjected to screening for COVID-19
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(5) |
Any person who contravenes sub-rules (1), (2), (3) or provides false information, commits an offence.
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5. |
Restriction of transport services
(1) |
All public transport services including passenger rail services, bus services, matatu services, taxicab services, motorcycle services, tricycle services, e-hailing services, and air passenger transport services into or out of an infected area are prohibited during the restriction period.
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(2) |
All private cars into or out of an infected area are prohibited during the restriction period.
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(3) |
During the restriction period, all public transport services including passenger rail services, bus services, matatu services, taxicab services, motorcycle services, tricycle services, e-hailing services and private cars may operate within an infected area subject to the following conditions —
(a) |
passenger rail services, bus services, matatu services, taxicab services and e-hailing services vehicles shall not carry more than 50% of their licensed capacity;
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(b) |
motorcycles shall carry only one passenger or goods;
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(c) |
bicycles shall carry only the rider;
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(d) |
tricycles may carry goods and not more than one passenger; and
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(e) |
private vehicles shall not carry more than 50% of the licensed capacity.
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(4) |
Users of public or private transport and public transport operators shall wear a proper mask that must cover the person's mouth and nose.
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(4A) |
(i) |
Transportation of passengers by ferries shall only take place between 5.30 O'clock in the morning and 6.30 O'clock in the evening. |
(ii) |
Ferry operators shall not engage in cargo transportation during the period set out under clause (i). |
(iii) |
The hygiene conditions under Rule 6 shall apply, with the necessary modifications, to users of ferry services and ferry operators. |
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(5) |
A person who contravenes sub-rules (1), (2), (3), (4) or (4A) commits an offence.
[L.N. 58/2020, s. 2 (a)(b)]
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6. |
Hygiene conditions
(1) |
Every person who is in a public place during the restriction period shall—
(a) |
maintain a physical distance of no less than one metre from the next person; and
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(b) |
use a proper face mask that must cover the person's mouth and nose.
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(2) |
Every organisation, business entity, trader or vendor whether in a market or enclosed premises shall—
(a) |
provide at their business location or entrance to their premises, a handwashing station with soap and water or an alcohol-based sanitizer approved for use by the Kenya Bureau of Standards;
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(b) |
put in place measures to ensure that physical distance of no less than one metre is maintained between persons accessing or within their premises or business location; and;
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(c) |
regularly sanitize their premises or business location.
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(3) |
A person who contravenes sub-rules (1) or (2) commits an offence.
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7. |
Prohibition of gatherings
(1) |
Save for a funeral undertaken in accordance with sub-rule (2), any gathering as defined under rule 2 is prohibited during the restriction period.
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(2) |
For purposes of these Rules, a funeral shall not be regarded as a prohibited gathering provided that—
(a) |
attendance at the funeral shall be limited to fifteen people;
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(b) |
night vigils shall not be held in relation to a funeral;
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(c) |
hygiene conditions under rule 6 are adhered to; and
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(d) |
all the conditions under rule 8 (1) of the Public Health (Prevention, Control and Suppression of COVID-19) Rules, 2020 are adhered to.
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(3) |
A person who contravenes sub-rule (1) commits an offence.
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7A. |
Prohibited places and premises
All places and premises listed in Schedule II shall remain closed during the restriction period.
[L.N 56/2020, r.2(b)]
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8. |
Disposal of bodies
Where a person infected with COVID-19 dies, the body shall be interred or cremated within forty-eight hours from the time of death.
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9. |
Detention of Motor Vehicle
A person who contravenes either rules 4 (1), (2), (3) or 5 (1), (2), (3), (4) may have their vehicle detained in a police station or any other place as the Inspector-General of the National Police Service may designate, pending their arraignment in court and/or for the duration of the restriction period.
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10. |
Exemption
The Cabinet Secretary may exempt any person from the provisions of the Rules on such terms and conditions as he shall certify in writing.
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11. |
Penalty
A person who commits an offence under these Rules shall, on conviction, be liable to a fine not exceeding twenty thousand shillings or to imprisonment for a period not exceeding six months or both.
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SCHEDULE I
Form 1
I,.................... (Full name) of National Identity Card number .............. and telephone number........... hereby certify that our employee named below provides ............... service being a service exempted under rule 4 (1) of the Public Health (COVID-19 Restriction of Movement of Persons and Related Measures) Rules, 2020.
Full name of employee
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National Identity Card number
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Residential area and details (Estate, location, street)
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Job description
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Telephone number
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Purpose of the trip
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Assigned motor vehicle's registration number
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Origin and destination of the vehicle
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Nature of cargo
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Signed at ..............., on this .............. day of .............. 2020.
Institution/business/entity .............................................................................
Physical address ........................................................................................
Postal address..........................................................................................
Office telephone number .................................................................................
Signature of authorized officer .........................................................................
Official stamp of institution ...........................................................................
SCHEDULE II
1. |
Any place or premises normally open to the public where religious, cultural, social, economic, sporting, entertainment, political, academic, fundraising or similar activities may take place
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4. |
Bars or similar establishments
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12. |
Dine-in restaurants and food courts
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13. |
Any other place or premises as may be determined by the Cabinet Secretary from time to time.
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THE PUBLIC HEALTH (PORT, AIRPORT AND FRONTIER HEALTH) RULES
1. |
Citation
These Rules may be cited as the Public Health (Port, Airport and Frontier Health) Rules.
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2. |
Interpretation
In these Rules, unless the context otherwise requires—
"aircraft" means an aircraft making an international voyage;
"airport" means an airport or aerodrome of entry or departure for international air traffic; and for the purposes of these Rules means the airports specified in the First Schedule;
"arrival" means—
(a) |
in the case of a seagoing vessel, arrival at a port;
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(b) |
in the case of an aircraft, arrival at an airport;
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(c) |
in the case of an inland navigation vessel, arrival either at a port or at a frontier;
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(d) |
in the case of a train or road vehicle, arrival at a frontier;
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"baggage" means the personal effects of a traveller or of a member of the crew;
"crew" means the personnel of a ship or aircraft, train or road vehicle who are employed for duties on board;
"Director" means the Director of Medical Services appointed under section 9 of the Act;
"direct transit area" means a special area established in connexion with an airport, approved by the health officer and under his direct supervision, for accommodating direct transit traffic and for accommodating, in segregation, passengers and crews breaking their air voyage without leaving the airport;
"frontier" means any inland border between Kenya and any adjoining territory;
"health administration" means the Medical Department;
"health officer" includes—
(a) |
a port health officer; and
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(b) |
any medical practitioner appointed by or acting as such under the authority and instructions of the Director at any frontier post;
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"imported case" means a case introduced into Kenya;
"infected local area" means—
(a) |
a local area where there is a non-imported case of plague, cholera, yellow fever or smallpox; or
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(b) |
a local area where plague infection among rodents exists on land or on craft which are part of the equipment of a port; or
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(c) |
a local area where activity of yellow fever virus is found in vertebrates other than man; or
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(d) |
a local area where there is an epidemic of typhus or relapsing fever;
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"infected person" means a person who is suffering from a quarantinable disease, or who is believed to be infected with such a disease;
"International Sanitary Regulations" means the International Sanitary Regulations adopted by the Fourth World Health Assembly in 1951 and amended by the Eighth and Ninth World Health Assemblies in 1955 and 1956 and any subsequent amendment or addition thereto accepted by Government;
"international voyage" means—
(a) |
in the case of a ship or aircraft, a voyage between ports or airports in the territories of more than on state, or a voyage between ports or airports in the territory or territories of the same state if the ship or aircraft has relations with the territory of any other state on its voyage but only as regards those relations;
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(b) |
in the case of a person, a voyage involving entry into the territory of a state other than the territory of the state in which that person commences his voyage;
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"isolation", when applied to a person or group of persons, means the separation of that person or group of persons from other persons, except the health staff on duty, in such a manner as to prevent the spread of infection;
"local area" means—
(a) |
the smallest area within a territory, which may be a port or an airport, having a definite boundary and possessing a health organization which is able to apply the appropriate sanitary measures permitted or prescribed by these Rules; the situation of such an area within a larger area which also possessed such a health organization shall not preclude the smaller area from being a local area for the purposes of these Rules; or
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(b) |
an airport in connexion with which a direct transit area has been established;
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"medical examination" includes visits to and inspection of a ship, an aircraft, a train or a road vehicle, and the preliminary examination of persons on board, but does not include the periodical inspection of a ship to ascertain the need for deratting; and for the purposes of this definition "preliminary examination" may include the physical examination of any person;
"officer in command" means—
(a) |
in respect of an aircraft, the captain or officer for the time being in charge of the aircraft;
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(b) |
in respect of a ship, the master or other officer in command, other than a pilot of the ship;
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"port" means a seaport or an inland navigation port which is normally frequented by ships;
"quarantinable diseases" means plague, cholera, yellow fever, smallpox, typhus and relapsing fever;
"relapsing fever" means louse-borne relapsing fever;
"ship" means a seagoing or an inland navigation vessel making an international voyage;
"suspect" means a person who is considered by the health officer as having been exposed to infection from a quarantinable disease and is considered capable of spreading that disease;
"typhus" means louse-borne typhus;
"valid certificate", when applied to vaccination, means a certificate conforming with these Rules and in any of the forms set out in the Third, Fourth and Fifth Schedules;
"vehicle" means a vehicle as defined in the Traffic Act (Cap. 403);
"yellow fever receptive area" means an area in which the virus of yellow fever does not exist but where the presence of Aëdes aegypti or any other domiciliary or peri-domiciliary vector of yellow fever would permit its development if introduced.
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3. |
Duties of health officer
(1) |
Every health officer shall be responsible—
(a) |
for the medical examination, if he considers it necessary, of any ship, aircraft, vehicle or train at any port, airport or frontier of Kenya;
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(b) |
for the taking of such health measures or precautions as he may consider necessary in connexion with those ships, aircraft, vehicles or trains;
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(c) |
for the sanitary and health supervision of all ships, aircraft, vehicles or trains at a port, airport or frontier post;
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(d) |
for the proper inspection, carrying out and enforcement on ships, aircraft, vehicles or trains, at a port, airport or frontier, of all measures for the destruction of rodents and for preventing the migration or multiplication of those rodents;
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(e) |
for ensuring the prompt detection and investigation of any sickness or mortality among rodents possibly due to plague;
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(f) |
for the proper carrying out and enforcement of the provisions of the Act and all rules made thereunder including these Rules.
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(2) |
In the performance of his duties under these Rules, the health officer may authorize such other person to perform such part of his duties on his behalf as he may specify.
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4. |
Duties of agents
Agents of ships shall, as early as possible, give notice in writing to the health officer of the port of the expected arrival of every ship in the form shown in the Seventh Schedule.
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5. |
Procedure for grant of pratique
Pratique may be granted by radio to any ship or aircraft in respect of which the health officer for the intended port or airport of arrival is of the opinion, on the basis of information received from it before its arrival, that its arrival will not result in the introduction or spread of a quarantinable disease.
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6. |
Additional sanitary measures may be taken
A health officer may apply such sanitary measures to the ship, aircraft, vehicle or train on arrival as, in his opinion, are necessary, depending on the conditions which exist on board the ship, aircraft, vehicle or train during the voyage or at the time of the medical examination.
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7. |
Removal of infected persons
A health officer may order the removal and isolation of any infected person from any aircraft, ship, vehicle or train on its arrival.
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8. |
Suspect may be placed under surveillance
(1) |
A health officer shall have power to place under surveillance any infected person or suspect on an international voyage arriving by whatever means in Kenya from an infected local area, and a health officer shall have power to require that person to report to him, if necessary, at specified intervals during the period of surveillance.
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(2) |
In addition, a health officer shall have power to subject such person to medical examination and to make such inquiries as he may consider necessary for ascertaining his state of health.
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(3) |
When a person under surveillance departs for another place within or outside Kenya, he shall inform the health officer, who shall immediately notify the health officer, medical officer of health or health administration of the place to which the person is proceeding.
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9. |
Steps to be taken when ship or aircraft refuses to submit to measures required by a health officer
(1) |
Subject to paragraph (2), any ship or aircraft which is unwilling to submit to measures required by a health officer shall be allowed to depart forthwith but shall not during its voyage be permitted to call at any other port or airport in Kenya:
Provided that such ship or aircraft may be permitted to take on fuel, water and stores in quarantine.
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(2) |
A ship or aircraft arriving at a port or airport situated in a yellow fever receptive area shall not be allowed to depart and shall be subject to all health measures prescribed by a health officer, if—
(a) |
the aircraft is infected with yellow fever;
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(b) |
the ship is infected with yellow fever, and Aëdes aegypti have been found on board and medical examination shows that any infected person has not been isolated in good time.
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10. |
Aircraft lands elsewhere than airport
(1) |
If, for reasons beyond the control of the officer in command, an aircraft lands elsewhere than at an airport, the officer in command shall make every effort to communicate with the nearest medical officer of health or any other public authority forthwith.
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(2) |
As soon as a medical officer of health has been informed of the landing of an aircraft in circumstances described above, he shall take such action as he considers proper, and shall immediately communicate with the health administration.
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(3) |
No person on board the aircraft shall leave its vicinity except for the purpose of communicating with any such health officer or public authority, or with the permission of such officer, and no cargo shall be removed from the vicinity of the aircraft.
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(4) |
After any sanitary measures required by the medical officer of health and health administration have been completed, the aircraft may proceed to the airport at which it was due to land.
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(5) |
The officer in command may take such emergency measures as may be necessary for the health and safety of his passengers and crew.
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11. |
Flag "Q"
The officer in command of every ship anchoring off or arriving at any port in Kenya shall immediately hoist the flag known as flag "Q" unless pratique has been granted by radio as hereinbefore provided and the said flag shall be kept flying until pratique has been granted.
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12. |
Restricted pratique
(1) |
Where restricted pratique has been granted to any ship under section 62 of the Act, the health officer shall specify in writing to the officer in command thereof the conditions and restrictions imposed, and the officer in command shall cause a copy thereof to be posted in a conspicuous place on the vessel.
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(2) |
Failure or refusal by the officer in command to observe or comply with any such conditions or restrictions shall constitute an offence, and, in addition, the health officer for the port may place the vessel in quarantine should he consider that course necessary in the interests of public health.
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13. |
Information and assistance
It shall be the duty of the officer in command of any ship or aircraft and of all other officers and persons on board any ship or aircraft to give all such assistance and information to the health officer as may be required by him in carrying out his duties under these Rules.
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14. |
List of passengers, crew and cargo
A health officer may require the officer in command of any ship or aircraft having or suspected of having on board the infection of any infectious disease to furnish in respect of such vessel or aircraft—
(a) |
a list of all passengers showing full particulars in respect of each passenger;
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(b) |
a list of crew giving full particulars of each member;
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(c) |
a list of all cargo and a full description thereof.
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15. |
Control of sewage
A health officer may take all practicable measures to control the discharge from any ship of sewage and refuse which might contaminate the waters of a port, river or canal.
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16. |
Aircraft to land at scheduled airport
No aircraft arriving in Kenya from beyond the borders of Kenya shall make its first landing in Kenya at any place other than one of the scheduled airports set out in the First Schedule:
Provided that this Rule shall not apply to an aircraft commencing its voyage at any airport in Uganda or Tanzania.
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17. |
Access to the public
A health officer shall have power to prohibit any member of the crew of or any passenger upon any ship, aircraft, vehicle or train arriving in Kenya from having access to the public or from leaving the port, airport or frontier until authorized to do so by the health officer.
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18. |
Handling of food
(1) |
A health officer shall have power to medically examine any person whose duties include the handling of food or drink for human consumption either on a ship or aircraft or within a port or airport, and he may carry out such clinical, bacteriological or proto-zoological examination of such person as he may consider necessary, and may prohibit such person from carrying out the duties referred to above or any part thereof pending the result of such examination.
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(2) |
If, as a result of such examination, or from any other evidence, a health officer is satisfied that such person is a carrier of infectious disease, he may, by written notice to the officer in command of the ship or aircraft and to the manager of the port or airport and to such person, prohibit the employment of such person for any specific period of time in a place where food or drink is handled.
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19. |
Medical examination before departure
(1) |
A health officer shall have power to carry out a medical examination, when he considers it necessary, of any person before his departure from Kenya on an international voyage, and, subject to section 60 of the Act, any person who refuses to submit to such medical examination shall be guilty of an offence.
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(2) |
A health officer shall take all practicable measures—
(a) |
to prevent the departure of any infected person or suspect from Kenya, and he may prohibit the embarkation or order the removal of such infected person or suspect from any ship or aircraft;
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(b) |
to prevent the introduction on board a ship, aircraft, train or vehicle of possible agents of infection or vectors of a quarantinable disease.
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(3) |
Notwithstanding the provisions of subparagraph (a) of paragraph (2), a person on an international voyage who is placed under surveillance on his arrival in Kenya may be allowed to continue his voyage, and, if he does so by air, the health officer shall record the fact on the general declaration relating to the aircraft.
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(4) |
A health officer shall have power to prohibit the departure of any person from Kenya by any means who has not complied with the health regulations of the country to which he is travelling, provided such health regulations are not in excess of the requirements of the International Sanitary Regulations.
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20. |
Sanitary measures in respect of luggage and animals
(1) |
A health office shall have power to submit to sanitary measures all goods or baggage, including a passenger’s personal effects, if he has reason to believe that they may have become contaminated by the infection of a quarantinable disease or may serve as a vehicle for the spread of the disease.
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(2) |
A health officer shall have power to submit to sanitary measures all live animals entering or leaving Kenya.
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(3) |
All baggage belonging to an infected person or suspect may be disinfected and disinsected on the instructions of a health officer, and a health officer shall have power to disinfect or disinsect the baggage of any other person where he has reason to believe that that person may be carrying infected material or insect vectors of a quarantinable disease.
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21. |
Sanitary measures in respect of postal parcels
A health officer shall have power to subject to sanitary measures all postal parcels if—
(a) |
they contain any fish, shell fish, fruit or vegetables to be consumed uncooked, or beverages, which are not contained in sealed containers and which the health officer has reason to believe come from a cholera-infected area; or
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(b) |
they contain linen, wearing apparel or bedding which has been used or soiled.
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|
22. |
Quarantine
Where the infection of plague, cholera, yellow fever, smallpox, typhus or relapsing fever exists, or is suspected to exist, in any person animal or thing on board any ship, aircraft, vehicle or train, the health officer may—
(a) |
notify the officer in command of the ship or aircraft, or the person in charge of the vehicle or train, that he intends to place the ship, aircraft, vehicle or train in quarantine; or
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(b) |
require the officer in command to remove the ship or aircraft in quarantine to another port or airport:
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Provided that no officer, other than the health officer, shall require the removal of a ship or aircraft, without the previous approval of the Director.
|
23. |
Flag "L" and warning lights
(1) |
Unless the officer in command of a ship elects to leave the port in terms of section 66 of the Act, the health officer shall then place the ship in quarantine and, in co-operation with the port manager, shall fix the mooring place of the ship.
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(2) |
The officer in command of every ship in quarantine shall cause the quarantine flag, namely that known as flag "L" being a large flag of yellow and black, borne quarterly, to be flown between sunrise and sunset in the most conspicuous position on his ship.
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(3) |
During the hours between sunset and sunrise, a night signal shall be shown, consisting of three lights, arranged at a distance of not less than six feet apart, in the form of an equilateral triangle, of which the light at the apex of the triangle shall be white, and the other lights, at the end of the base, shall be red in colour; the said night signal shall be shown in the most conspicuous place on, and at a height of not less than 20 feet above, the hull of the ship.
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|
24. |
Communication with quarantined ship or aircraft
Except in the event of danger, no officer in command, or person in charge, of a ship, aircraft, vehicle or train in quarantine shall allow any person on board to leave such ship, aircraft, vehicle or train, or to send any article or thing out of the ship, aircraft, vehicle or train, or to communicate with any other ship, aircraft, vehicle or train except with permission of the health officer or other person duly authorized by him.
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25. |
Quarantine of prohibited immigrant
(1) |
Whenever a health officer lands in quarantine any person who has not been granted authority to enter Kenya after examination by an immigration officer, he shall immediately inform the immigration officer of the name of that person, the name of the ship or aircraft by which the person arrived and the name of the port or airport at which he arrived, together with the place at which the person is being detained.
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(2) |
A health officer shall give such immigration officer and the officer in command and agents of such ship or aircraft due notice, in advance, of the release of such person from quarantine, and, upon being so released, such person shall revert to the custody of the officer in command and agents of such ship or aircraft and shall be subject to the order of the immigration officer.
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(3) |
All expenses incurred in connexion with the detention and maintenance, including expenses of escort and identification of such person until permitted to enter Kenya, and for his repatriation in the event of his being declared a prohibited immigrant, shall be payable by the officer in command or owners of such ship or aircraft.
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(4) |
Nothing in these Rules shall be construed as relieving the officer in command or owners of any ship or aircraft of any liability imposed on them under the immigration laws in force for the time being in Kenya.
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(5) |
The expenses referred to in paragraph (3) shall be a civil debt and recoverable summarily.
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|
26. |
Places of isolation
(1) |
The boundaries of every place of isolation which may be established under these Rules shall be demarcated by a fence or otherwise.
|
(2) |
Any person leaving or attempting to leave such place without due authority shall be guilty of an offence.
|
(3) |
Any person escaping or attempting to escape from any ship or aircraft in quarantine or from any place of isolation shall be guilty of an offence, and may be arrested and taken back thereto by any guard or any member of the police.
|
|
27. |
Orders or instructions by health officer
(1) |
A health office may, in respect of any ship, aircraft, vehicle or train in quarantine or any place of isolation, give such orders or instructions as he may deem necessary for safeguarding the health of persons so isolated, or the public health.
|
(2) |
Any person failing or refusing to comply with any lawful order or instructions so given shall be guilty of an offence.
|
|
28. |
Instructions to officers in command
The officer in command of any ship or aircraft, or the person in charge of any vehicle or train in quarantine, or having on board any infected person, or suspect, or any person suffering, or suspected to be suffering, from any infectious disease, shall carry out the orders of the health officer in regard to the isolation of such person, disinfection or otherwise.
|
29. |
Isolation of infected persons, etc.
(1) |
All infected persons or suspects, animals, baggage or other articles of any description shall, wherever possible, be removed from a ship or aircraft and isolated on land and the infection eradicated with all possible speed.
|
(2) |
No ship or aircraft, vehicle or train shall be detained in quarantine after the removal therefrom of all infected persons and the eradication of infection on board.
|
|
30. |
Plague
The following provisions shall apply to plague—
(a) |
for the purposes of these Rules the incubation period of plague shall be six days;
|
(b) |
it shall be the duty of the officer in command of a ship or aircraft, in a port or airport, infected by plague to take all necessary steps to prevent the introduction of rodents on board such ship or aircraft;
|
(c) |
it shall be the duty of the officer in command of every ship to ensure that the ship shall be—
(i) |
periodically deratted; or |
(ii) |
permanently kept in such condition that the number of rodents on board is negligible; |
|
(d) |
a health officer shall have power to issue a deratting certificate or deratting exemption certificate in the form set out in the Second Schedule; the certificate shall be valid for a period of six months but this period may be extended by the health officer in writing;
|
(e) |
if the officer in command fails to produce a valid certificate of the type mentioned in paragraph (d), a health officer shall have power to make inquiries and to inspect the ship and, if necessary, shall have power to proceed in the following manner—
(i) |
he may derat the ship or cause deratting to be done under his direction and control; it shall be a matter for the discretion of the health officer as to which technique shall be employed to secure the extermination of rodents on the ship; when deratting has been satisfactorily completed the health officer shall issue a deratting certificate; |
(ii) |
a health officer shall have power to issue a deratting exemption certificate if he is satisfied that the number of rodents on board is negligible; the certificate shall be issued only if the inspection of the ship has been carried out when the holds are emptied or when they contain only ballast or other material unattractive to rodents and which does not prevent a thorough inspection of the holds; a deratting exemption certificate may be issued for an oil tanker with full holds; |
|
(f) |
if a health officer is of the opinion that the conditions under which a deratting was carried out were such that a satisfactory result could not be obtained, he shall make a note to that effect on the existing deratting certificate;
|
(g) |
if a health officer has reason to suspect the presence of rats on board an aircraft, he shall have power to order that the aircraft be deratted;
|
(h) |
before departure on an international voyage from a local area where there is an epidemic of pulmonary plague, a health officer shall have power to place in isolation, for a period of six days, every person suspected of having been infected by the plague;
|
(i) |
for the purpose of this Rule, a ship or aircraft on arrival shall be regarded as infected if—
(i) |
it has a case of human plague on board; or |
(ii) |
a plague-infected rodent is found on board; |
(iii) |
in the case of a ship, a case of human plague has occurred on board more than six days after embarkation; |
|
(j) |
for the purposes of this rule, a ship, on arrival, shall be regarded as suspect if—
(i) |
it has no case of human plague on board but such a case has occurred on board within the first six days after embarkation; |
(ii) |
there is evidence of an abnormal mortality among rodents on board, of which the cause is not yet known; |
|
(k) |
a health officer shall have power to carry out a medical examination of a ship or aircraft coming from an infected local area, and, if he is satisfied that the conditions specified in paragraphs (i) and (j) do not exist, such ship or aircraft shall be regarded as healthy;
|
(l) |
on the arrival of an infected or suspected ship or an infected aircraft, a health officer shall have power—
(i) |
to disinfect any suspect or order that he be kept under surveillance for a period of not more than six days from the date of arrival; |
(ii) |
to disinfect and if necessary disinfect— |
|
(m) |
if there is rodent plague on board the ship, the health officer shall order it to be deratted, if necessary in quarantine:
|
Provided that the deratting shall be carried out in such manner and at such time as to cause least inconvenience in the unloading of a ship;
(n) |
if a rodent which has died of plague is found on board an aircraft, the health officer shall order that the aircraft be deratted, if necessary, in quarantine;
|
(o) |
on arrival, it shall be the duty of a health officer to give free pratique to a healthy ship or aircraft;
Provided that if it has come from an infected local area the health officer shall have power—
(i) |
to place under surveillance any suspect who disembarks, for a period of not more than six days, reckoned from the date on which the ship or aircraft left the infected local area; |
(ii) |
to order the destruction of rodents on board the ship or aircraft; |
|
(p) |
if on arrival of a train or vehicle at a frontier a case of human plague is discovered, the measures provided by this Rule may be applied by the health officer, and he shall have power to disinsect and, if necessary, disinfect any part of the train or vehicle which he considers has been contaminated.
|
|
31. |
Cholera
The following provisions shall apply to cholera—
(a) |
for the purposes of these Rules, the incubation period of cholera shall be five days;
|
(b) |
a health officer shall have power to apply the following measures to a person on an international voyage who has come from an infected local area within the incubation period—
(i) |
if such person is in possession of a valid certificate of vaccination against cholera, the health officer may order that he be placed under surveillance for a period of not more than five days reckoned from the date of his departure from the infected local area; |
(ii) |
if he is not in possession of such a certificate, the health officer may order that he be placed in isolation for a like period; |
|
(c) |
a ship shall be regarded as infected for the purposes of this rule if, on arrival, it has a case of cholera on board, or if a case of cholera has occurred during a period of five days before arrival;
|
(d) |
a ship shall be regarded as suspected for the purposes of this rule if a case of cholera has occurred on board during the voyage, but no fresh case has occurred during a period of five days before arrival;
|
(e) |
an aircraft shall be regarded as infected for the purposes of this rule if, on arrival, it has a case of cholera on board and shall be regarded as suspected if a case of cholera has occurred on board during the voyage but has previously been disembarked before arrival in Kenya;
|
(f) |
even if a ship or aircraft has come from an infected local area or has on board a person coming from such area, such ship or aircraft shall be regarded as healthy on arrival if, on medical examination, the health officer is satisfied the no case of cholera has occurred on board during the voyage;
|
(g) |
the health officer shall have power, on the arrival of an infected or suspected ship or aircraft—
(i) |
to place under surveillance for a period of not more than five days, reckoned from the date of disembarkation, any passenger or member of the crew in possession of a valid certificate of vaccination against cholera and isolate all others who disembark for a like period; |
(ii) |
to disinfect any baggage of any infected person suspect and any other article such as used bedding or linen and any part of the ship or aircraft which he considers has been contaminated; |
(iii) |
to disinfect and remove any water carried on board which he considers to be contaminated and to disinfect the containers; |
|
(h) |
a health officer shall have power to prohibit the discharge or unloading of any waste water, waste matter, human excreta or other matter which is considered to be contaminated without previous disinfection, and the health officer shall have power to arrange for their safe disposal;
|
(i) |
in addition to the other measures provided by this Rule a health officer shall have power to place under surveillance for a period of not more than five days from the date of the arrival any passenger or member of the crew who disembarks from a ship or aircraft;
|
(j) |
if, on the arrival of a train or vehicle at a frontier, a case of cholera is discovered, a health officer shall have power—
(i) |
without prejudice to the measures provided for in paragraph (b), to place under surveillance any suspect for a period of not more than five days from the date of arrival; |
(ii) |
to disinfect the baggage of the infected person and if necessary that of any suspect, and any other article such as used bedding or linen and any part of any train or vehicle which he considers has been contaminated; |
|
(k) |
on the arrival of an infected or suspected ship or aircraft or of a train or vehicle on which a case of cholera has been discovered, or of any ship or aircraft, train or vehicle coming from an infected local area, a health officer may prohibit the unloading of, or may remove, any fish, shell-fish, fruit or vegetables intended to be consumed uncooked, or beverages, unless such food or beverages are in sealed containers and the health officer has no reason to believe that they are contaminated; it shall be the duty of the health officer to make arrangements for the safe disposal of any such food or beverages removed under this rule;
|
(l) |
if such food or beverages forms part of the cargo in the hold of a ship or the freight compartment of an aircraft, the health officer alone shall have power to remove it:
Provided that the officer in command of an aircraft shall have the right to require the removal of any such food or beverages in the aircraft;
|
(m) |
a health officer shall have power to require any person on an international voyage who has come from an infected local area within the incubation period of cholera and who has symptoms indicative of cholera to submit to stool examination.
|
|
32. |
Yellow fever
The following provisions shall apply to yellow fever—
(a) |
for the purposes of these Rules, the incubation period of yellow fever shall be six days;
|
(b) |
a health officer shall have power to prohibit the departure of any person on an international voyage from an infected local area to a yellow fever receptive area unless such a person is in possession of a valid certificate of vaccination against yellow fever:
|
Provided that, if such person is in possession of such a certificate which is not yet valid, the health officer may permit him to depart but, on arrival at a yellow fever receptive area, such person may be isolated until his certificate becomes valid or until the incubation period of the disease has expired;
(c) |
(i) |
every person employed at an airport situated in an infected local area, and every member of the crew of an aircraft using such airport, shall be in possession of a valid certificate of vaccination against yellow fever; |
(ii) |
a health officer shall have power to disinsect every aircraft leaving an airport situated in an infected local area and bound for a yellow fever receptive area; |
(iii) |
a health officer shall have power to disinsect every ship or aircraft leaving a port or airport where Aëdes aegypti still exists and bound for a port where Aëdes aegypti have been eradicated; |
|
(d) |
a health officer shall have power to prohibit the departure of any person who has come from an infected local area and is unable to produce a valid certificate of vaccination against yellow fever and who is due to proceed on an international voyage to an airport in a yellow fever receptive area at which means for securing isolation is not available;
|
(e) |
(i) |
a ship shall be regarded as infected if, on arrival, it has a case of yellow fever on board or if a case has occurred on board during the voyage, and a ship shall be regarded as suspected if it has left an infected local area less than six days before arrival or if arriving within 30 days of leaving such a port the health officer finds Aëdes aegypti on board; |
(ii) |
all other ships shall be regarded as healthy for the purposes of this rule; |
(iii) |
an aircraft shall be regarded as infected if on arrival it has a case of yellow fever on board, and an aircraft shall be regarded as suspected if the health officer is not satisfied with a disinsecting carried out on the aircraft and finds live mosquitoes on board; |
(iv) |
all other aircraft shall be regarded as healthy for the purpose of this rule; |
|
(f) |
on arrival of an infected or suspected ship or aircraft, a health officer shall have power—
(i) |
in yellow fever receptive areas to isolate any passenger or member of the crew who disembarks and is not in possession of a valid certificate of vaccination against yellow fever; |
(ii) |
to inspect the ship or aircraft and destroy any Aëdes aegypti found on board; |
(iii) |
to order that a ship in a yellow fever receptive area be required to keep at least 400 metres from land until such measures have been carried out, and when the measures required by the health officer have been effectively carried out a ship or aircraft shall cease to be regarded as infected or suspected and shall be given free pratique; |
|
(g) |
on the arrival of a healthy ship or aircraft from an infected local area the measures provided for in subparagraphs (ii) and (iii) of paragraph (f) may be applied by the health officer, who shall thereupon give free pratique to the ship or aircraft;
|
(h) |
the health administration shall have power to prohibit the landing of any aircraft in a yellow fever receptive area coming from an infected local area elsewhere than at airports specified by the health administration for that purpose;
|
(i) |
on the arrival of a ship, aircraft, train or vehicle in a yellow fever receptive area a health officer shall have power—
(i) |
to isolate any person coming from an infected local area who is notable to produce a valid certificate of vaccination against yellow fever until his certificate becomes valid or until the expiry of a period of not more than six days reckoned from the date of his last possible exposure to infection, whichever occurs first; |
(ii) |
to disinfect the ship, aircraft, train or vehicle if it has come from an infected local area; |
|
(j) |
in a yellow fever receptive area it shall be the duty of the health administration to provide mosquito-proof accommodation for the purposes of isolating persons under this rule.
|
|
33. |
Smallpox
The following provisions shall apply to smallpox—
(a) |
for the purposes of these Rules, the incubation period of smallpox shall be fourteen days;
|
(b) |
a health officer shall have power to prohibit the disembarkation of any person on an international voyage who does not possess, on arrival, a valid certificate of vaccination against smallpox:
Provided that a person who cannot produce the certificate may be vaccinated by the health officer, and if that person refuses to be vaccinated the health officer shall have power to place such person under surveillance or in isolation for not more than fourteen days reckoned from the date of his departure from the last territory visited before arrival;
|
(c) |
in the case of a person on an international voyage who, during the period of fourteen days before his arrival, has visited an infected local area and, in the opinion of a health officer, is not sufficiently protected by vaccination or by a previous attack of smallpox, a health officer shall have power—
(i) |
to require that that person be vaccinated; or |
(ii) |
to place that person under surveillance; or |
(iii) |
to order that person to be vaccinated and then placed under surveillance; |
(iv) |
in the event of the person refusing to be vaccinated to order that he or she be isolated: |
Provided that the period of surveillance or isolation shall not be more than fourteen days reckoned from the date of his departure from an infected local area;
|
(d) |
for the purposes of paragraph (b), a valid certificate of vaccination against smallpox shall be considered as evidence of sufficient protection;
|
(e) |
a ship or aircraft shall be regarded as infected for the purposes of this rule if, on arrival, it has a case of smallpox on board or if such a case has occurred on board during the voyage;
|
(f) |
any other ship or aircraft shall be regarded for the purposes of this rule as healthy even although there may be suspects on board; but, in the event of any suspect disembarking, he shall be subject to the measures provided for in paragraph (g);
|
(g) |
on the arrival of an infected ship or aircraft, a health officer shall have power—
(i) |
to offer vaccination to any person on board who in his opinion is not sufficiently protected against smallpox; |
(ii) |
to isolate or place under surveillance any person disembarking for a period of not more than fourteen days reckoned from the date of last exposure to infection: Provided that the health officer shall take into account the previous vaccinations of the person and the possibility of his having been exposed to infection in determining the period of the isolation or surveillance; |
|
(h) |
for the purposes of this Rule, a ship or aircraft shall continue to be regarded as infected until every infected person has been removed and until the measures required by the health officer under this rule have been effectively carried out, and thereafter the ship or aircraft shall be given free pratique;
|
(i) |
a healthy ship or aircraft shall on arrival be given free pratique even when it has come from an infected local area;
|
(j) |
if a case of smallpox is discovered on the arrival of train or road vehicle, a health officer shall have power to remove the infected person and place him under surveillance or isolation with or without vaccination as may be necessary, any period of surveillance or isolation being reckoned from the date of arrival, and a health officer shall have power to disinfect any part of the train or vehicle which he considers to be contaminated.
|
|
34. |
Typhus
The following provisions shall apply to typhus—
(a) |
for the purposes of these Rules, the incubation period of typhus shall be fourteen days;
|
(b) |
if a health officer or medical officer of health considers that a person departing from an infected local area on an international voyage is liable to spread typhus, he shall have power to order that such person may be disinsected and also that the clothes which such person is wearing, baggage and anything likely to spread typhus shall also be disinsected and if necessary disinfected;
|
(c) |
a health officer shall have power, if he considers it necessary to disinsect and put under surveillance for a period of not more than fourteen days, reckoned from the date of disinsecting, any person on an international voyage who has left an infected local area within the previous fourteen days; a health officer shall also have power to disinsect and, if necessary disinfect the clothes which such person is wearing, his baggage and any other article likely to spread typhus;
|
(d) |
on arrival, a ship or an aircraft shall be regarded as healthy even if it has an infected person on board:
Provided that a health officer shall have power—
(i) |
to order than an infected person may be removed and isolated; |
(ii) |
to disinsect any suspect; |
(iii) |
to disinsect the accommodation occupied by the infected person and by any suspect, together with the clothes they are wearing, their baggage and any other article likely to spread typhus, and such articles may also be disinfected if necessary; |
|
(e) |
if a case of typhus is discovered on the arrival of a train or vehicle, a health officer shall have power to apply any of the measures prescribed by this rule for a ship or aircraft.
|
|
35. |
Relapsing fever
The following provisions shall apply to relapsing fever—
(a) |
for the purposes of this Rule, the incubation period of relapsing fever shall be eight days;
|
(b) |
the provisions of rule 34 with regard to typhus shall apply to relapsing fever:
|
Provided that, if a person is placed under surveillance, the period of the surveillance shall not be more than eight days reckoned from the date of disinfection.
|
36. |
Used clothing
(1) |
Every consignment (excluding the personal effects of travellers) of bedding, blankets, body linen or other articles of clothing which have been used, or any rags, flocks made of rags, used sacks, carpets or any similar article which has been in use, and which is landed at any port or airport in Kenya shall be declared as such to the customs authorities at the port or airport and a certified statement submitted showing the place of origin and precise composition of the consignment.
|
(2) |
Every consignment or part thereof intended for sale or disposal in Kenya shall be accompanied by a sufficient certificate, furnished by the recognized public authority at the port of shipment or place of origin of the consignment, to the effect that the articles mentioned therein are clean and have been efficiently disinfected to the satisfaction of that authority.
|
(3) |
Such certificate shall in addition state in detail the method of disinfection and the apparatus used, and be accompanied by a certificate or other satisfactory evidence that the consignment has not been opened, nor interfered with, since the issue of the certificate.
|
(4) |
Every consignment, whether accompanied by a certificate or not, shall be detained by the customs pending its inspection or examination by a health officer or by any person authorized by him to do so on his behalf.
|
(5) |
For the purposes of this rule, "efficiently disinfected" means disinfected to the satisfaction of a health officer.
|
(6) |
Failing the production of satisfactory certificates as provided for in paragraph (2) of this Rule, or if, despite the production of such certificates, the articles are found to be dirty or unclean, the whole of such consignment shall be disinfected at the port of entry to the satisfaction of a health officer at the sole expense, risk and delay of the consignee.
|
(7) |
If in the opinion of a health officer a consignment, or any part thereof, cannot be satisfactorily disinfected, he may destroy or order the destruction of the whole or any part of the consignment:
Provided that—
(i) |
if the goods to be destroyed exceed one thousand shillings in value the previous consent in writing of the Director must be obtained; |
(ii) |
where the goods to be destroyed exceed one thousand shillings in value such destruction shall not be carried out if the owner or consignee re-exports the said goods within a period of four weeks of the destruction order. |
|
(8) |
In the case of a consignment intended for places outside Kenya, if unaccompanied by a certificate in terms of paragraph (2), the consignment may be landed under such guarantees as the Commissioner of Customs and Excise may require, provided such consignment will be conveyed to its destination outside Kenya without being opened, unpacked or disposed of within Kenya:
Provided that the government of any East African Territory may request the Government to apply the provisions of this Rule to all articles consigned to places within its territory, in which event the same requirements shall be enforced in respect of all such articles as if they had been consigned to a place within Kenya.
|
(9) |
The recognized authority for granting the certificate of disinfection mentioned in paragraph (2) shall be—
(a) |
the port health or sanitary authority of any British port at which a consignment was shipped; or
|
(b) |
the local health or sanitary authority for any area in the United Kingdom or British colony at which the goods have been packed; or
|
(c) |
the port health or sanitary authority of the municipality or other local health authority at any foreign port, or at any place abroad at which the goods have been packed.
|
|
(10) |
All expenses in respect of any disinfection carried out by the health administration under these Rules shall be paid by the owner or consignee or his agent, who shall also be responsible for the cost of any transport, unpacking or repacking which may be necessary.
|
|
37. |
Disinfection and destruction of articles
A health officer shall have power—
(a) |
to cause to be disinfected any article or thing on board or landed from any ship or aircraft which is infected or suspected to be infected;
|
(b) |
to prohibit the landing from any ship or aircraft of any infected article or thing until it has been disinfected to his satisfaction:
Provided that any article or thing may be landed for the purpose of disinfection with the written permission of a health officer and subject to such conditions and restrictions as he may specify;
|
(c) |
to order the destruction of any article or thing which in the opinion of the health officer cannot be satisfactorily disinfected, either by or at the expense of the officer in command or agent of the ship or aircraft:
Provided that—
(i) |
if the value of such article or thing exceeds one thousand shillings the previous consent of the Director must be obtained; |
(ii) |
mail (excluding parcels conveyed by post) which is contained in clean intact bags or packages shall not be liable to disinfection. |
|
|
38. |
Certificate of disinfection
A health officer shall furnish, if so requested by the officer in command, owners or agents of any vessel or aircraft, a certificate stating the measures taken and the reasons therefor, or shall enter those particulars on the declaration of health to be furnished to the officer in command of such ship or aircraft before it leaves Kenya.
|
39. |
Destruction of unsound food
A health officer, or other person duly authorized in writing by him, shall have power—
(a) |
to inspect and examine, detain, seize or remove for the purpose of examination any article of food or drink on board any ship or aircraft and within any airport, port or harbour; and
|
(b) |
if he is of the opinion that such food or drink is diseased or otherwise unfit for human consumption, to order it to be treated or disposed of in order to avoid danger to health;
|
(c) |
to order the destruction of such article:
|
Provided that if the value of the article exceeds one thousand shillings he shall first obtain the previous consent of the Director, and any expenses incurred in connexion with such treatment or destruction shall be payable by the owner of such article or his agent and shall be recoverable as a civil debt.
|
40. |
Prevention of nuisance in port
(1) |
It shall be an offence if the officer in command of any ship causes or permits any manure, excreta or refuse of any kind to be thrown overboard from any ship in any harbour or port so as to constitute a nuisance in the opinion of a health officer or the port manager.
|
(2) |
The officer in command of a ship shall cause any such things to be removed to a place set apart for the purpose or otherwise disposed of as a health officer may direct.
|
(3) |
Carcasses of dead animals and other offensive things shall be separately disposed of.
|
(4) |
In the case of a cattle ship or other ship which in the opinion of a health officer is in a filthy condition or has a large quantity of manure or other offensive matter on board, a health officer, after consultation with the port manager, may order the officer in command to remove such ship to a specified distance beyond the harbour area and there to cleanse his ship.
|
|
41. |
Nuisances on board ships or aircraft
(1) |
It shall be the duty of the officer in command of any ship or aircraft to prevent the existence of any nuisance or danger to health on his ship or aircraft.
|
(2) |
In the event of any such nuisance or danger to health arising, a health officer shall have power to order the officer in command of such ship or aircraft to remedy it forthwith and to take such measures as he may specify to prevent its recurrence.
|
(3) |
Failure or refusal to carry out any such requirements shall be an offence, and, in addition, the officer in command may be ordered to remove his ship or aircraft from the port or airport until such nuisance or danger to health has been remedied.
|
|
42. |
Removal of nuisance
(1) |
Where any nuisance is caused by any article within any harbour, port or airport, the health officer shall have power to order the owner thereof, or his agent, or consignee, to remove the cause of the nuisance forthwith.
|
(2) |
If such person fails to do so, or cannot be found, the health officer, after consultation with the Commissioner of Customs and Excise or port manager, may order or cause the nuisance to be removed and, if necessary for that purpose, may cause such article to be destroyed.
|
(3) |
Any expense incurred in so doing shall be payable by the owner of such article or cargo or his agent or other responsible person and shall be recoverable as a civil debt.
|
|
43. |
Prohibition of nuisance
It shall be an offence for any person to cause a nuisance or foul any public latrine or urinal within any port or airport.
|
44. |
Maritime Declaration of Health
(1) |
The officer in command of a ship on an international voyage shall, before arriving at its first port of call in Kenya, ascertain the state of health on board, and, on arrival, shall complete and deliver to the health officer for the port a Maritime Declaration of Health, which shall be countersigned by the ship’s surgeon if one is carried.
|
(2) |
The officer in command and the ship’s surgeon shall supply any further information required by the health officer as to the health conditions on board during the voyage.
|
(3) |
A Maritime Declaration of Health shall be in the form set out in the Sixth Schedule.
|
(4) |
Any officer in command who fails to carry out any of the provisions of this rule shall be guilty of an offence.
|
|
45. |
Aircraft Health Declaration
(1) |
The officer in command of an aircraft on landing at an airport, or his authorized agent, shall complete and deliver to the health officer for the airport a copy of that part of the Aircraft General Declaration which contains the following information—
(a) |
illness suspected of being of an infectious nature which has occurred on board during the flight;
|
(b) |
any other condition on board which may lead to the spread of disease;
|
(c) |
detail of each disinsecting or other sanitary treatment (place, date, time, method) during the flight; if no disinsecting has been carried out during the flight details of the most recent disinsecting should be given.
|
|
(2) |
The officer in command of an aircraft, or his authorized agent, shall supply any further information required by the health officer as to health conditions on board during the voyage.
|
(3) |
Any officer in command of an aircraft who fails to carry out any of the provisions of this rule shall be guilty of an offence.
|
|
46. |
Certificates
(1) |
For the purposes of these Rules, a deratting certificate shall be in the form in the Second Schedule.
|
(2) |
For the purposes of these Rules, a certificate of vaccination or revaccination against cholera shall be in the form in the Third Schedule.
|
(3) |
For the purposes of these Rules, a certificate of vaccination or revaccination against yellow fever shall be in the form in the Fourth Schedule.
|
(4) |
For the purposes of these Rules, a certificate of vaccination or revaccination against smallpox shall be in the form in the Fifth Schedule.
|
|
47. |
Vaccination certificates of armed forces
For the purposes of these Rules, a vaccination document issued by the armed forces to an active member of these forces shall be accepted by the health administration in lieu of a certificate in the forms referred to in rule 46, provided that—
(a) |
it embodies medical information substantially the same as that required by such forms; and
|
(b) |
it contains a statement regarding the nature and the date of the vaccination and to the effect that it is issued in accordance with the provisions of the International Sanitary Regulations.
|
|
48. |
Additional sanitary measures
A health officer shall have power to prescribe and enforce such additional sanitary measures as he may consider necessary in respect of—
(b) |
seasonal workers or persons taking part in periodic mass congregations;
|
(d) |
any ship, aircraft, train or vehicle carrying such persons.
|
|
49. |
Recovery of expenses
(1) |
All expenses incurred by Government—
(a) |
in dealing with any person on a ship, aircraft, train or vehicle or recently landed from a ship, aircraft, train or vehicle, suffering or suspected to be suffering from any infectious disease or from any other disease which the health administration may have notified in the Gazette; or
|
(b) |
in connexion with the detention in quarantine of any ship, aircraft, train or vehicle or the isolation, accommodation, care and treatment of any person suffering from, or who has been exposed to infection from, any infectious disease; or
|
(c) |
in eradicating any infectious disease in any ship, aircraft, train or vehicle or in any article or thing on board any ship, aircraft, train or vehicle, shall be payable by the master, owner or agent of such ship, aircraft, train or vehicle and shall be recoverable as a civil debt.
|
|
(2) |
For the carrying out of the services mentioned in paragraph (1) of this Rule, a health officer may require the officer in command, owner or agent of such ship, aircraft, train or vehicle to furnish satisfactory security or guarantees in respect of payment thereof or he may require payment thereof in advance.
|
|
FIRST SCHEDULE [r. 2]
AIRPORTS
1. |
Jomo Kenyatta International Airport — Nairobi.
|
2. |
Moi International Airport — Mombasa.
|
3. |
Wilson Airport — Nairobi.
|
SECOND SCHEDULE [r. 30, 46(1)]
MEDICAL DEPARTMENT
THIRD SCHEDULE [r. 2, 46(2)]
FORM OF CERTIFICATE ISSUED BY THE GOVERNMENT OF KENYA
FOURTH SCHEDULE [r. 2, 46(3)]
FORM OF CERTIFICATE ISSUED BY THE GOVERNMENT OF KENYA
FIFTH SCHEDULE [r. 2, 46(3)]
FORM OF CERTIFICATE ISSUED BY THE GOVERNMENT OF KENYA
SIXTH SCHEDULE [r. 44(3)]
MARITIME DECLARATION OF HEALTH
SEVENTH SCHEDULE [r. 4]
NOTICE OF EXPECTED ARRIVAL OF A VESSEL
5. |
Approximate tonnage (specify whether net or gross).
|
6. |
Tonnage and description of cargo to be landed.
|
7. |
Approximate number of passengers to disembark.
|
9. |
Remarks.
|
To the Port Health Officer,
|
|
Port of ...................................
|
|
PUBLIC HEALTH (COVID-19 RESTRICTION OF MOVEMENT OF PERSONS AND RELATED MEASURES) (KWALE COUNTY) ORDER
1. |
Citation
This Order may be cited as the Public Health (COVID-19 Restriction of Movement of Persons and Related Measures) (Kwale County) Order, 2020.
|
2. |
Definition
In this Order, unless the context otherwise requires—
"Kwale County" means that area covering Kwale County and all the adjoining areas as delineated on the map set out in Schedule I.
|
3. |
Restriction of movement
The Public Health (COVID-19 Restriction of Movement of Persons and Related Measures) Rules, 2020 shall be in force in Kwale County for twenty-one days with effect from 1900HRS on Wednesday 8 April 2020 until 2359HRS on Wednesday 29 April 2020.
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THE PUBLIC HEALTH (FEES) RULES
1. |
These Rules shall be cited as the Public Health (Fees) Rules.
|
2. |
The fees specified in the second column shall be payable for the services specified in the first column of the schedule.
|
SCHEDULE
FEES
|
Services
|
Fees
|
(a)
|
Inspection of new schools for licensing........................
|
3,000
|
(b)
|
Approval of building plans—
|
|
|
(i) residential, single storey.............................................
|
1,000
|
(ii) residential, multi-storey............................................
|
2,000
|
(iii) commercial, single storey.........................................
|
3,000
|
(iv) commercial, multi-storey.........................................
|
5,000
|
(c)
|
Issuance of building occupation certificate..................
|
1,000
|
(d)
|
Vetting of land change of user applications/part development plan...................................
|
1,000
|
(e)
|
Issuance of health clearance for registered hotels and restaurants camping settes, borders, commercial villain, cottages and other premises used for accommodation, etc., for purposes of licensing under the Hotels and Restaurants Act (Cap. 494) licensing................
|
2,000
|
(f)
|
Annual health certificate for fish landing sheds
|
1,500
|
(g)
|
Issuance of health clearance for purposes of liquor licencing
|
1,000
|
(h)
|
Routine water or food sample analysis.........................
|
1,000
|
(i)
|
Disinfection, disinfecting or deratting of premises, aircraft, vehicle and ships
|
30 per m2
|
(j)
|
Issuance of health certificate for food except tea, coffee, herbs and spices
|
1,000
|
(k)
|
Vaccinations—
|
|
|
(i) Typhoid
|
400
|
(ii) Yellow Fever
|
600
|
(iii) Cholera
|
400
|
PUBLIC HEALTH (COVID-19 RESTRICTION OF MOVEMENT OF PERSONS AND RELATED MEASURES) (MOMBASA COUNTY) ORDER, 2020
1. |
Citation
This Order may be cited as the Public Health (COVID-19 Citation Restriction of Movement of Persons and Related Measures) (Mombasa County) Order, 2020.
|
2. |
Interpretation
In this Order, unless the context otherwise requires —
"Mombasa County" means that area covering Mombasa County and all the adjoining areas as delineated on the map set out in Schedule 1.
|
3. |
Restriction of Movement
The Public Health (COVID-19 Restriction of Movement of Persons and Related Measures) Rules, 2020 shall be in force in Mombasa County for twenty-one days with effect from 1900HRS on Wednesday 8 April 2020 until 2359HRS on Wednesday 29 April 2020.
|
INFECTIOUS DISEASES DECLARED TO BE NOTIFIABLE DISEASES
Influenza
Relapsing fever
Encephalitis lethargica
Yellow feverKala-azar
Malaria, microscopically diagnosed within the municipality of Kitale
Bacillary } within the municipality of Nairobi
Amoebic dysentery } within the municipality of Nairobi
Severe Acute Respiratory Syndrome (SARS)
PUBLIC HEALTH (PREVENTION, CONTROL AND SUPRESSION OF COVID-19) RULES, 2020
1. |
Citation
These Rules may be cited as the Public Health (Prevention, Control and Suppression of COVID-19) Rules, 2020.
|
2. |
Responsibility for notification
Every owner, person in charge of, or occupier of premises, and every employer and head of a household, who suspects that any person who is residing at his or her premises or who is in his or her employment, is suffering from COVID-19, shall notify a medical officer, public health officer, a medical practitioner and or the nearest administrator or take that person to a medical officer, medical practitioner or health facility for treatment.
|
3. |
Medical officer of health and medical practitoner to notify
(1) |
Every medical officer of health, public health officer or medical practitioner who attends to, or who is called in to visit a patient, shall immediately, on becoming aware or suspecting that the patient is suffering from COVID-19, transfer the patient to the nearest health facility.
|
(2) |
Every medical officer of health, public health officer or medical practitioner who becomes aware, by post-mortem examination or otherwise, that any person has died of COVID-19, shall immediately inform the head of the household, or the occupier of the premises, or any person who has been in attendance on or contact with the deceased person, of the infectious nature of COVID-19 and of the precautions to be taken to prevent its transmission to other persons.
|
|
4. |
Powers for the control of COVID-19
Where any case of COVID-19 is transferred to a health facility, the medical officer of health or public health officer shall immediately visit and inspect the premises where that person resides and may —
(a) |
order all persons who have attended to or been in contact with the person to remain on the premises where the person was at the time of infection; or
|
(b) |
cause those persons to be removed to a health facility or other suitable place provided for the reception of persons suffering from COVID-19 or for quarantine.
|
|
5. |
Power of search
(1) |
A medical officer of health, public health officer or a health inspector, or other person acting on the written instructions of a medical pfficer of health, may enter any premises in order to search for any case of COVID-19, or to inquire whether there is or has been on the premises, any case of COVID-19.
|
(2) |
Where any public health officer or health inspector or other person discovers any case of COVID-19, he or she shall report the discovery to a medical officer.
|
|
6. |
Power of medical officer of health or public health officer to disinfect premises
Where a building, premises or conveyance has signs of contamination with COVID-19 or where a medical officer of health has information of contamination of a building, premises or conveyance, the medical officer of health may decontaminate or cause the decontamination of the affected building, premises or conveyance.
|
7. |
Power of medical officer of health or public health officer to direct the use of building
Where a building, premises or conveyance has signs of contamination with COVID-19 or where a medical officer of health or public health officer has information of contamination of a building, premises or conveyance, the medical officer of health or public health officer may direct the manner in which that building, premises or conveyance may be used and may, in that regard, direct the evacuation of that building, premises or conveyance, or prohibit entry into that building, premises or conveyance, for such duration as may be necessary to decontaminate or cause the decontamination of that building, premises or conveyance.
|
8. |
Removal and disposal of bodies
(1) |
The following shall apply in relation to removal and disposal of bodies of all persons who die from COVID-19:
(a) |
The person applying for burial or cremation permit shall be regarded as the responsible person for purposes of section 18 of Public Health Act;
|
(b) |
The burial or cremation ceremony may only take place between 0900 hours — 1500 hours;
|
(c) |
The attendance at the burial or crematorium shall not exceed fifteen persons without prior written consent of a medical officer of health;
|
(d) |
No child under the age of twelve years may enter any cemetery or crematorium unless when accompanied by an adult, or with the medical officer of health;
|
(e) |
No person shall be allowed to carry on or solicit business, hold demonstration, or perform an activity which is not normally associated with a cemetery or crematorium;
|
(f) |
The mode of transport used during the funeral procession at the cemetery or crematorium, must be fumigated immediately after the procession;
|
(g) |
Every person taking part in a funeral procession at the cemetery, or attending a cremation service, must comply with instructions or directions issued by the medical officer of health or public health officer;
|
|
(2) |
Any person who fails and neglects to follow directions issued by a medical officer of health or public health officer, commits an offence.
|
(3) |
The Cabinet Secretary may designate an area as a burial site for persons whose deaths result from COVID-19.
|
|
9. |
Reception by health facilities
Any health facility that receives a person suffering or suspected of suffering from COVID-19, shall receive and deal with that person in accordance with the directions of the medical officer of health or public health officer.
|
10. |
Escaping from isolation and quarantine
(1) |
Where a person who is confined in a place designated for isolation or for quarantine for COVID-19 escapes from that place, a medical officer shall immediately notify the police and request the police to apprehend and return the person to the designated place.
|
(2) |
A person commits an offence if that person —
(a) |
aids a person who is confined in a place designated for isolation or quarantine for COVID-19, in escaping or attempting to escape from the place; or
|
(b) |
conveys anything or causes anything to be conveyed into a place designated for isolation or quarantine for COVID-19 with the intent to facilitate the escape of any person confined in the place.
|
|
(3) |
A person who commits an offence under subparagraph (1) is liable, on conviction, to imprisonment for a term not exceeding two months or a fine not exceeding twenty thousand shillings.
|
|
11. |
Carriers of disease
(1) |
In this paragraph, "carrier" includes any person who, although he or she does not at the time present the clinical symptoms of COVID-19, has been proved, or is believed on reasonable grounds, to be harboring the infection and consequently to be liable to cause the spread of COVID-19.
|
(2) |
Any person who is believed or suspected, on reasonable grounds, by a medical officer of health to be a carrier shall allow, on request by the medical officer of health, or by any person authorized by the medical officer of health in writing, the medical officer of health to obtain from him or her specimens of blood, excreta, discharges or other material required for examination and investigation.
|
(3) |
Where a medical officer of health determines that a person is believed or suspected to be a carrier and that the necessary examination and investigations cannot be properly carried out at the house or place of residence of that person, the medical officer of health may direct that person to proceed or to be removed to a hospital or other suitable place for the purpose of examination and investigation and to remain or to be detained in that place for such reasonable period as may be required for that purpose.
|
(4) |
Every carrier shall at all times observe and give effect to all reasonable instructions given to him or her by the medical officer of health in regard to the disposal of his or her infectious materials and the cleansing of the articles used by the carrier, and any other precautions for preventing the spread of infection.
|
(5) |
Every carrier or patient who so wishes shall, within seven days before the change, inform the the medical officer of his or her intention to change his or her place of residence or work and of his or her intended new place of residence or work.
|
|
12. |
Infected area
(1) |
The Cabinet Secretary may, by notice in the Gazette and in a newspaper with a wide circulation, declare any place to be an infected area, and thereupon regulate and/or prescribe such activities and conduct that may be carried out within the infected area where it is deemed necessary for preventing the spread of or for the eradication of COVID-19.
Any person who contravenes the directives issues under rule 12 (1) commits an offence and shall be liable to a fine not exceeding twenty thousand shillings, or to imprisonment for a term not exceeding six months, or to both.
|
(2) |
The Cabinet Secretary or any medical officer of health may direct any person residing in a declared infected area to undergo such medical inspection or examination as the Cabinet Secretary or medical officer of health may direct and the person so directed shall have to undergo such inspection.
|
(3) |
A medical officer of health may keep all or any persons in a declared infected area under observation in any place selected by him or her and under such surveillance as the medical officer of health may consider necessary.
|
(4) |
Where any person from a declared infected area is placed under observation or surveillance, the period of observation or surveillance shall be fourteen days.
|
|
13. |
Designation of Facilities
(1) |
Subject to the conditions to be specified by the Cabinet Secretary by notice in the Gazette, the Cabinet Secretary may depending on the circumstances in an area, whether designated as an infected area or not, designate a private health facility, an educational institution, hotel or any other establishment as he may deem appropriate as a designated facility for purposes of handling and or treatment of COVID-19 patients.
|
(2) |
A designated facility under this rule that fails to comply with the directions of the Cabinet Secretary as regards the handling and or treatment of COVID-19 cases commits an offence.
|
|
14. |
General powers
The Cabinet Secretary may, by notice in the Gazette and in a newspaper with a wide circulation, put in place such measures as may from time to time become necessary to contain and curb the further spread of COVID-19.
|
15. |
Penalty
(1) |
Except as otherwise provided in these Rules, any person who contravenes the provisions of these Rules shall be liable to a fine not exceeding twenty thousand shillings, or to imprisonment for a term not exceeding six months, or to both.
|
(2) |
If the offence, contravention or default referenced under rule 15 (1) herein is of a continuing nature, the person shall be liable to a further fine not exceeding one thousand shillings for each day it continues.
|
|
THE PUBLIC HEALTH (DECLARATION OF FORMIDABLE EPIDEMIC DISEASE) ORDER
1. |
Citation
This Order may be cited as the Public Health (Declaration of Formidable Epidemic Disease) Order.
|
2. |
Declaration of formidable disease
The coronavirus disease 2019 is hereby declared to be a formidable epidemic disease.
|
PUBLIC HEALTH (COVID-19 RESTRICTION OF MOVEMENT OF PERSONS AND RELATED MEASURES)
(KILIFI COUNTY) ORDER, 2020
ARRANGEMENT OF PARAGRAPHS
3. |
Restriction of movement
|
SCHEDULES
[This is a stub. Please see the publication document for the original content.]
PUBLIC HEALTH (COVID-19 RESTRICTION OF MOVEMENT OF PERSONS AND RELATED MEASURES)
(KILIFI COUNTY) ORDER, 2020
1. |
Citation
This Order may be cited as the Public Health (COVID-19 Restriction of Movement of Persons and Related Measures) (Kilifi County) Order.
|
2. |
Interpretation
In this Order, unless the context otherwise requires—
"Kilifi County" means that area covering Kilifi County and all the adjoining areas as delineated on the map set out in Schedule I.
|
3. |
Restriction of movement
The Public Health (COVID-19 Restriction of Movement of Persons and Related Measures) Rules, 2020 shall be in force in Kilifi County for twenty-one days with effect from 1900HRS on Wednesday 8 April 2020 until 2359HRS on Wednesday 29 April 2020.
|
PUBLIC HEALTH (COVID-19 RESTRICTION OF MOVEMENT OF PERSONS AND RELATED MEASURES)(NAIROBI METROPOLITAN AREA) ORDER
ARRANGEMENT OF ORDERS
3. |
Restriction of Movement
|
SCHEDULES
PUBLIC HEALTH (COVID-19 RESTRICTION OF MOVEMENT OF PERSONS AND RELATED MEASURES)(NAIROBI METROPOLITAN AREA) ORDER
1. |
Citation
This Order may be cited as the Public Health Citation (COVID- 19 Restriction of Movement of Persons and Related Measures) (Nairobi Metropolitan Area) Order.
|
2. |
Interpretation
In this Order, unless the context otherwise requires—
"Nairobi Metropolitan Area" means Nairobi City County and all the adjoining areas including Part of Kiambu County up to Chania River Bridge (Thika), including Rironi, Ndenderu, Kiambu Town; Part of Machakos County, up to Athi-River including Katani; Part of Kajiado County including Isinya, Kiserian, Ongata Rongai and Ngong Town; and all other areas as delineated on the map set out in Schedule I.
|
3. |
Restriction of Movement
The Public Health (COVID-19 Restriction of Movement of Persons and Related Measures) Rules, 2020 shall be in force in the Nairobi Metropolitan Area for twenty-one days with effect from 1900HRS on Monday 6 April 2020 until 2359HRS on Monday 27 April 2020.
|
PUBLIC HEALTH (COVID-19 RESTRICTION OF MOVEMENT OF PERSONS AND RELATED MEASURES) RULES
ARRANGEMENT OF RULES
3. |
Declaration of infected area
|
4. |
Restriction of movement of persons
|
5. |
Restriction of transport services
|
7. |
Prohibition of gatherings
|
7A. |
Prohibited places and premises
|
9. |
Detention of Motor Vehicle
|
SCHEDULES
SCHEDULE II — |
PLACE OR PREMISES OPEN TO THE PUBLIC
|
PUBLIC HEALTH (COVID-19 RESTRICTION OF MOVEMENT OF PERSONS AND RELATED MEASURES) RULES
1. |
Citation
These Rules may be cited as the Public Health (COVID-19 Restriction of Movement of Persons and Related Measures) Rules.
|
2. |
Interpretation
Unless the context otherwise requires, in these Rules—
"commercial vehicle" has the meaning assigned to it in the Traffic Act (Cap. 430);
"gathering" means any private gathering or meeting for a social, cultural, economic or other purpose or public gathering, meeting, grouping, assembly, crowd, or procession, in or on any public road or space, any building, place or premises including wholly or partly in the open air, and including any premises or place used for sporting, entertainment, religious, cultural, political, academic, and fundraising purposes, for any barber shop, massage parlour and beauty salon activities or as bars or similar establishments, theatres and cinema, gymnasium, spa, dine-in restaurants and food courts, but does not include a market and an ordinary family gathering within a single household or living unit;
"market" means any public place used for the trade of food and farm produce;
"infected area" means an area to which these Rules apply, as the Cabinet Secretary may, by order, declare;
"law enforcement officer" means a police officer, National Government Administration Officer or medical officer of health;
"public place" means any outdoor, indoor, enclosed, or partially enclosed area which is open to the public or any part of the public, or to which members of the public ordinarily have access, and includes a workplace and a public conveyance;
"restriction period" means the period specified by the Cabinet Secretary in the order declaring an area to be an infected area.
[L.N. 56/2020, r. 2(a).]
|
3. |
Declaration of infected area
The Cabinet Secretary may, by order, declare these Rules to be in force within an area specified in the order and such area shall be deemed to be an infected area.
|
4. |
Restriction of movement of persons
(1) |
During the restriction period, there shall be no movement of persons into or out of an infected area, either by road, rail or air, unless the movement into or out of an infected area is for the purpose of—
(a) |
transportation of food and farm produce for commercial purposes including rice, beans, maize, potatoes, cassava, cabbages, kale, spinach, tomatoes, onions, bananas, eggs, meat, fish, chicken, dairy products, tea, coffee, miraa and other food items and farm produce.
|
(b) |
transportation of all types of lawful cargo and goods including construction material, fuel and pharmaceutical products.
|
(c) |
Ambulances transporting patients to health facilities located within an infected area.
|
|
(2) |
Provided that for purposes of sub-rule (1)—
(a) |
commercial vehicles or vessels entering or exiting an infected area for purposes of collecting food and farm produce, cargo and goods, shall upon proof in writing, be deemed to be undertaking transportation of food and farm produce, cargo and goods.
|
(b) |
commercial vehicles or vessels including lorries and pick-up trucks shall, in addition to food and farm produce, cargo and goods, carry only the driver and no more than three assistants.
|
|
(3) |
The persons referred to under sub-rule (2) (b) herein shall be designated in writing by the employer in a manner that substantially corresponds with Form 1 set out in Schedule I and shall on demand by a law enforcement officer, produce the prescribed documentation.
|
(4) |
A person permitted to enter or exit an infected area under sub-rule (1) or as the case may be; may be subjected to screening for COVID-19
|
(5) |
Any person who contravenes sub-rules (1), (2), (3) or provides false information, commits an offence.
|
|
5. |
Restriction of transport services
(1) |
All public transport services including passenger rail services, bus services, matatu services, taxicab services, motorcycle services, tricycle services, e-hailing services, and air passenger transport services into or out of an infected area are prohibited during the restriction period.
|
(2) |
All private cars into or out of an infected area are prohibited during the restriction period.
|
(3) |
During the restriction period, all public transport services including passenger rail services, bus services, matatu services, taxicab services, motorcycle services, tricycle services, e-hailing services and private cars may operate within an infected area subject to the following conditions —
(a) |
passenger rail services, bus services, matatu services, taxicab services and e-hailing services vehicles shall not carry more than 50% of their licensed capacity;
|
(b) |
motorcycles shall carry only one passenger or goods;
|
(c) |
bicycles shall carry only the rider;
|
(d) |
tricycles may carry goods and not more than one passenger; and
|
(e) |
private vehicles shall not carry more than 50% of the licensed capacity.
|
|
(4) |
Users of public or private transport and public transport operators shall wear a proper mask that must cover the person's mouth and nose.
|
(4A) |
(i) |
Transportation of passengers by ferries shall only take place between 5.30 O'clock in the morning and 6.30 O'clock in the evening. |
(ii) |
Ferry operators shall not engage in cargo transportation during the period set out under clause (i). |
(iii) |
The hygiene conditions under Rule 6 shall apply, with the necessary modifications, to users of ferry services and ferry operators. |
|
(5) |
A person who contravenes sub-rules (1), (2), (3), (4) or (4A) commits an offence.
[L.N. 58/2020, s. 2 (a)(b).]
|
|
6. |
Hygiene conditions
(1) |
Every person who is in a public place during the restriction period shall—
(a) |
maintain a physical distance of no less than one metre from the next person; and
|
(b) |
use a proper face mask that must cover the person's mouth and nose.
|
|
(2) |
Every organisation, business entity, trader or vendor whether in a market or enclosed premises shall—
(a) |
provide at their business location or entrance to their premises, a handwashing station with soap and water or an alcohol-based sanitizer approved for use by the Kenya Bureau of Standards;
|
(b) |
put in place measures to ensure that physical distance of no less than one metre is maintained between persons accessing or within their premises or business location; and;
|
(c) |
regularly sanitize their premises or business location.
|
|
(3) |
A person who contravenes sub-rules (1) or (2) commits an offence.
|
|
7. |
Prohibition of gatherings
(1) |
Save for a funeral undertaken in accordance with sub-rule (2), any gathering as defined under rule 2 is prohibited during the restriction period.
|
(2) |
For purposes of these Rules, a funeral shall not be regarded as a prohibited gathering provided that—
(a) |
attendance at the funeral shall be limited to fifteen people;
|
(b) |
night vigils shall not be held in relation to a funeral;
|
(c) |
hygiene conditions under rule 6 are adhered to; and
|
(d) |
all the conditions under rule 8 (1) of the Public Health (Prevention, Control and Suppression of COVID-19) Rules, 2020 are adhered to.
|
|
(3) |
A person who contravenes sub-rule (1) commits an offence.
|
|
7A. |
Prohibited places and premises
All places and premises listed in Schedule II shall remain closed during the restriction period.
[L.N. 56/2020, r. 2(b).]
|
8. |
Disposal of bodies
Where a person infected with COVID-19 dies, the body shall be interred or cremated within forty-eight hours from the time of death.
|
9. |
Detention of Motor Vehicle
A person who contravenes either rules 4 (1), (2), (3) or 5 (1), (2), (3), (4) may have their vehicle detained in a police station or any other place as the Inspector-General of the National Police Service may designate, pending their arraignment in court and/or for the duration of the restriction period.
|
10. |
Exemption
The Cabinet Secretary may exempt any person from the provisions of the Rules on such terms and conditions as he shall certify in writing.
|
11. |
Penalty
A person who commits an offence under these Rules shall, on conviction, be liable to a fine not exceeding twenty thousand shillings or to imprisonment for a period not exceeding six months or both.
|
SCHEDULE I
FORM
FORM 1
I, ........................................... (Full name) of National Identity Card number ...................... and telephone number ......................... hereby certify that our employee named below provides ....................... service being a service exempted under rule 4 (1) of the Public Health (COVID-19 Restriction of Movement of Persons and Related Measures) Rules, 2020.
Full name of employee
|
|
National Identity Card number
|
|
Residential area and details (Estate, location, street)
|
|
Job description
|
|
Telephone number
|
|
Purpose of the trip
|
|
Assigned motor vehicle's registration number
|
|
Origin and destination of the vehicle
|
|
Nature of cargo
|
|
Signed at ................., on this ............ day of .............. 2020.
Institution/business/entity .............................................................................
Physical address ............................................................................................
Postal address ..............................................................................................
Office telephone number .................................................................................
Signature of authorized officer .........................................................................
Official stamp of institution .............................................................................
SCHEDULE II
PLACE OR PREMISES OPEN TO THE PUBLIC
1. |
Any place or premises normally open to the public where religious, cultural, social, economic, sporting, entertainment, political, academic, fundraising or similar activities may take place
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4. |
Bars or similar establishments
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12. |
Dine-in restaurants and food courts
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13. |
Any other place or premises as may be determined by the Cabinet Secretary from time to time.
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PUBLIC HEALTH (COVID-19 RESTRICTION OF MOVEMENT OF PERSONS AND RELATED MEASURES) (KWALE COUNTY) ORDER
ARRANGEMENT OF SECTIONS
3. |
Restriction of movement
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SCHEDULES
PUBLIC HEALTH (COVID-19 RESTRICTION OF MOVEMENT OF PERSONS AND RELATED MEASURES) (KWALE COUNTY) ORDER
1. |
Citation
This Order may be cited as the Public Health (COVID-19 Restriction of Movement of Persons and Related Measures) (Kwale County) Order, 2020.
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2. |
Definition
In this Order, unless the context otherwise requires—
"Kwale County" means that area covering Kwale County and all the adjoining areas as delineated on the map set out in Schedule I.
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3. |
Restriction of movement
The Public Health (COVID-19 Restriction of Movement of Persons and Related Measures) Rules, 2020 shall be in force in Kwale County for twenty-one days with effect from 1900HRS on Wednesday 8 April 2020 until 2359HRS on Wednesday 29 April 2020.
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PUBLIC HEALTH (COVID-19 RESTRICTION OF MOVEMENT OF PERSONS AND RELATED MEASURES) (MOMBASA COUNTY) ORDER
ARRANGEMENT OF PARAGRAPHS
3. |
Restriction of Movement
|
SCHEDULES
PUBLIC HEALTH (COVID-19 RESTRICTION OF MOVEMENT OF PERSONS AND RELATED MEASURES) (MOMBASA COUNTY) ORDER
1. |
Citation
This Order may be cited as the Public Health (COVID-19 Citation Restriction of Movement of Persons and Related Measures) (Mombasa County) Order.
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2. |
Interpretation
In this Order, unless the context otherwise requires—
"Mombasa County" means that area covering Mombasa County and all the adjoining areas as delineated on the map set out in Schedule 1.
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3. |
Restriction of Movement
The Public Health (COVID-19 Restriction of Movement of Persons and Related Measures) Rules, 2020 shall be in force in Mombasa County for twenty-one days with effect from 1900HRS on Wednesday 8 April 2020 until 2359HRS on Wednesday 29 April 2020.
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PUBLIC HEALTH (PREVENTION, CONTROL AND SUPRESSION OF COVID-19) RULES
ARRANGEMENT OF RULES
2. |
Responsibility for notification
|
3. |
Medical officer of health and medical practitoner to notify
|
4. |
Powers for the control of COVID-19
|
6. |
Power of medical officer of health or public health officer to disinfect premises
|
7. |
Power of medical officer of health or public health officer to direct the use of building
|
8. |
Removal and disposal of bodies
|
9. |
Reception by health facilities
|
10. |
Escaping from isolation and quarantine
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13. |
Designation of Facilities
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PUBLIC HEALTH (PREVENTION, CONTROL AND SUPRESSION OF COVID-19) RULES
1. |
Citation
These Rules may be cited as the Public Health (Prevention, Control and Suppression of COVID-19) Rules.
|
2. |
Responsibility for notification
Every owner, person in charge of, or occupier of premises, and every employer and head of a household, who suspects that any person who is residing at his or her premises or who is in his or her employment, is suffering from COVID-19, shall notify a medical officer, public health officer, a medical practitioner and or the nearest administrator or take that person to a medical officer, medical practitioner or health facility for treatment.
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3. |
Medical officer of health and medical practitoner to notify
(1) |
Every medical officer of health, public health officer or medical practitioner who attends to, or who is called in to visit a patient, shall immediately, on becoming aware or suspecting that the patient is suffering from COVID-19, transfer the patient to the nearest health facility.
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(2) |
Every medical officer of health, public health officer or medical practitioner who becomes aware, by post-mortem examination or otherwise, that any person has died of COVID-19, shall immediately inform the head of the household, or the occupier of the premises, or any person who has been in attendance on or contact with the deceased person, of the infectious nature of COVID-19 and of the precautions to be taken to prevent its transmission to other persons.
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|
4. |
Powers for the control of COVID-19
Where any case of COVID-19 is transferred to a health facility, the medical officer of health or public health officer shall immediately visit and inspect the premises where that person resides and may—
(a) |
order all persons who have attended to or been in contact with the person to remain on the premises where the person was at the time of infection; or
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(b) |
cause those persons to be removed to a health facility or other suitable place provided for the reception of persons suffering from COVID-19 or for quarantine.
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|
5. |
Power of search
(1) |
A medical officer of health, public health officer or a health inspector, or other person acting on the written instructions of a medical pfficer of health, may enter any premises in order to search for any case of COVID-19, or to inquire whether there is or has been on the premises, any case of COVID-19.
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(2) |
Where any public health officer or health inspector or other person discovers any case of COVID-19, he or she shall report the discovery to a medical officer.
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|
6. |
Power of medical officer of health or public health officer to disinfect premises
Where a building, premises or conveyance has signs of contamination with COVID-19 or where a medical officer of health has information of contamination of a building, premises or conveyance, the medical officer of health may decontaminate or cause the decontamination of the affected building, premises or conveyance.
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7. |
Power of medical officer of health or public health officer to direct the use of building
Where a building, premises or conveyance has signs of contamination with COVID-19 or where a medical officer of health or public health officer has information of contamination of a building, premises or conveyance, the medical officer of health or public health officer may direct the manner in which that building, premises or conveyance may be used and may, in that regard, direct the evacuation of that building, premises or conveyance, or prohibit entry into that building, premises or conveyance, for such duration as may be necessary to decontaminate or cause the decontamination of that building, premises or conveyance.
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8. |
Removal and disposal of bodies
(1) |
The following shall apply in relation to removal and disposal of bodies of all persons who die from COVID-19:
(a) |
The person applying for burial or cremation permit shall be regarded as the responsible person for purposes of section 18 of Public Health Act, (Cap 242);
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(b) |
The burial or cremation ceremony may only take place between 0900 hours — 1500 hours;
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(c) |
The attendance at the burial or crematorium shall not exceed fifteen persons without prior written consent of a medical officer of health;
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(d) |
No child under the age of twelve years may enter any cemetery or crematorium unless when accompanied by an adult, or with the medical officer of health;
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(e) |
No person shall be allowed to carry on or solicit business, hold demonstration, or perform an activity which is not normally associated with a cemetery or crematorium;
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(f) |
The mode of transport used during the funeral procession at the cemetery or crematorium, must be fumigated immediately after the procession;
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(g) |
Every person taking part in a funeral procession at the cemetery, or attending a cremation service, must comply with instructions or directions issued by the medical officer of health or public health officer;
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|
(2) |
Any person who fails and neglects to follow directions issued by a medical officer of health or public health officer, commits an offence.
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(3) |
The Cabinet Secretary may designate an area as a burial site for persons whose deaths result from COVID-19.
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|
9. |
Reception by health facilities
Any health facility that receives a person suffering or suspected of suffering from COVID-19, shall receive and deal with that person in accordance with the directions of the medical officer of health or public health officer.
|
10. |
Escaping from isolation and quarantine
(1) |
Where a person who is confined in a place designated for isolation or for quarantine for COVID-19 escapes from that place, a medical officer shall immediately notify the police and request the police to apprehend and return the person to the designated place.
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(2) |
A person commits an offence if that person—
(a) |
aids a person who is confined in a place designated for isolation or quarantine for COVID-19, in escaping or attempting to escape from the place; or
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(b) |
conveys anything or causes anything to be conveyed into a place designated for isolation or quarantine for COVID-19 with the intent to facilitate the escape of any person confined in the place.
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|
(3) |
A person who commits an offence under subparagraph (1) is liable, on conviction, to imprisonment for a term not exceeding two months or a fine not exceeding twenty thousand shillings.
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|
11. |
Carriers of disease
(1) |
In this paragraph, "carrier" includes any person who, although he or she does not at the time present the clinical symptoms of COVID-19, has been proved, or is believed on reasonable grounds, to be harboring the infection and consequently to be liable to cause the spread of COVID-19.
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(2) |
Any person who is believed or suspected, on reasonable grounds, by a medical officer of health to be a carrier shall allow, on request by the medical officer of health, or by any person authorized by the medical officer of health in writing, the medical officer of health to obtain from him or her specimens of blood, excreta, discharges or other material required for examination and investigation.
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(3) |
Where a medical officer of health determines that a person is believed or suspected to be a carrier and that the necessary examination and investigations cannot be properly carried out at the house or place of residence of that person, the medical officer of health may direct that person to proceed or to be removed to a hospital or other suitable place for the purpose of examination and investigation and to remain or to be detained in that place for such reasonable period as may be required for that purpose.
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(4) |
Every carrier shall at all times observe and give effect to all reasonable instructions given to him or her by the medical officer of health in regard to the disposal of his or her infectious materials and the cleansing of the articles used by the carrier, and any other precautions for preventing the spread of infection.
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(5) |
Every carrier or patient who so wishes shall, within seven days before the change, inform the the medical officer of his or her intention to change his or her place of residence or work and of his or her intended new place of residence or work.
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|
12. |
Infected area
(1) |
The Cabinet Secretary may, by notice in the Gazette and in a newspaper with a wide circulation, declare any place to be an infected area, and thereupon regulate and/or prescribe such activities and conduct that may be carried out within the infected area where it is deemed necessary for preventing the spread of or for the eradication of COVID-19.
Any person who contravenes the directives issues under rule 12(1) commits an offence and shall be liable to a fine not exceeding twenty thousand shillings, or to imprisonment for a term not exceeding six months, or to both.
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(2) |
The Cabinet Secretary or any medical officer of health may direct any person residing in a declared infected area to undergo such medical inspection or examination as the Cabinet Secretary or medical officer of health may direct and the person so directed shall have to undergo such inspection.
|
(3) |
A medical officer of health may keep all or any persons in a declared infected area under observation in any place selected by him or her and under such surveillance as the medical officer of health may consider necessary.
|
(4) |
Where any person from a declared infected area is placed under observation or surveillance, the period of observation or surveillance shall be fourteen days.
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|
13. |
Designation of Facilities
(1) |
Subject to the conditions to be specified by the Cabinet Secretary by notice in the Gazette, the Cabinet Secretary may depending on the circumstances in an area, whether designated as an infected area or not, designate a private health facility, an educational institution, hotel or any other establishment as he may deem appropriate as a designated facility for purposes of handling and or treatment of COVID-19 patients.
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(2) |
A designated facility under this rule that fails to comply with the directions of the Cabinet Secretary as regards the handling and or treatment of COVID-19 cases commits an offence.
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|
14. |
General powers
The Cabinet Secretary may, by notice in the Gazette and in a newspaper with a wide circulation, put in place such measures as may from time to time become necessary to contain and curb the further spread of COVID-19.
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15. |
Penalty
(1) |
Except as otherwise provided in these Rules, any person who contravenes the provisions of these Rules shall be liable to a fine not exceeding twenty thousand shillings, or to imprisonment for a term not exceeding six months, or to both.
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(2) |
If the offence, contravention or default referenced under rule 15 (1) herein is of a continuing nature, the person shall be liable to a further fine not exceeding one thousand shillings for each day it continues.
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[This is a stub. Please see the publication document for the original content.]
THE PUBLIC HEALTH (COVID-19 GENERAL PUBLIC SAFETY) RULES
1. |
Citation
These Rules may be cited as the Public Health (COVID-19 General Public Safety) Rules.
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2. |
Interpretation
In these Rules, unless the context otherwise requires—
"Gathering" means any gathering or meeting or public gathering, meeting, grouping, assembly, crowd, or procession, in or on any public or private road, space, any building, place or premises including wholly or partly in the open air, and including any premises or place used for sporting, entertainment, recreational, cultural, political or social purposes;
“Public Place” means any outdoor, indoor, enclosed, or partially enclosed area which is open to the public or any part of the public, or to which members of the public ordinarily have access, and includes a workplace and public service vehicles;
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(1) |
Every person who is in a Public Place shall—
(a) |
maintain a physical distance of at least one (1) metre from the next person; and
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(b) |
wear a face mask that covers the mouth and nose.
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|
(2) |
Every organisation, business entity or any other trader, whether in an open air market, enclosed premises or any other Public Place shall—
(a) |
provide a handwashing station with soap and water or an alcohol based sanitizer approved by the Kenya Bureau of Standards for use at the entrance of its premises;
|
(b) |
put in place measures to ensure that a physical distance of at least one metre is maintained between persons accessing or within its premises;
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(c) |
disinfect its premises using a disinfectant approved by the Kenya Bureau of standards at least three times a day;
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(d) |
for premises where employees operate in shifts, disinfect its premises using a disinfectant approved by the Kenya Bureau of standards at the end of each shift subject to (c) above; and
|
(e) |
screen every person entering its premises using a thermometer gun and a person whose body temperature exceeding thirty-seven point three degrees Celsius (37.3°C) shall not be allowed into the premises;
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|
(3) |
A person who contravenes sub paragraph (1) or (2) commits an offence.
|
4. |
Prohibition of gatherings
|
(1) |
All gatherings are prohibited except as may be otherwise permitted in any other rules made under the Public Health Act.
|
(2) |
For purposes of these Rules, a funeral shall not be regarded as a prohibited gathering provided that—
(a) |
attendance at a funeral shall be limited to fifteen people;
|
(b) |
night vigils shall not be held in relation to a funeral;
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(c) |
hygiene conditions under rule 3 are adhered to;
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(d) |
the conditions set out in rule 8(1) of the Public Health (Prevention, Control and Suppression of COVID-19) Rules are adhered to.
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|
(3) |
A person who contravenes paragraph (1) or (2) commits an offence.
|
5. |
Disposal of bodies
Save as may be otherwise permitted pursuant to the Public Health Act, where a person infected with COVID-19 dies, the body shall be interred or cremated within forty eight hours from the time of death.
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6. |
Penalty
A person who commits an offence under these Rules shall, on conviction, be liable to a fine not exceeding twenty thousand shillings or to imprisonment for a period not exceeding six months or both.
|
7. |
Enforcement
These Rules shall be enforced by the National and County Governments as the respective health authorities in line with the provisions of the Public Health Act.
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8. |
Application of other Rules
In instances where other Rules under the Public Health Act provide for higher safety standards than the ones set out herein, those higher safety standards shall apply.
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PUBLIC HEALTH (COVID-19 OPERATION OF RESTAURANTS) RULES
ARRANGEMENT OF RULES
3. |
Licensing of restaurants
|
4. |
Medical examination and screening
|
5. |
Training of restaurant employees
|
6. |
Hygiene requirements for restaurant employees
|
9. |
Cleaning and disinfecting of restaurants
|
SCHEDULES
PUBLIC HEALTH (COVID-19 OPERATION OF RESTAURANTS) RULES
1. |
Citation
These Rules may be cited as the Public Health (COVID-19 Operation of Restaurants) Rules.
|
2. |
Interpretation
In these Rules, unless the context otherwise requires-
"COVID-19" means an infectious disease caused by coronavirus;
"County Director" means the County Director responsible for Public Health in a county;
"Health Care Professional" has the meaning assigned to it under the Health Act (Cap. 241);
"Restaurant" means any premises on which the business of supplying food and drink for reward is carried on and includes a staff canteen; and
"Restaurant Employee" means any person who works in a restaurant.
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3. |
Licensing of restaurants
(1) |
A person shall not operate a Restaurant unless the person holds a permit issued under these Rules.
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(2) |
A person who intends to operate a Restaurant shall apply to the County Director for a permit in Form A set out in the Schedule.
|
(3) |
The County Director shall, upon receipt of an application under this rule, inspect the premises and complete Form B set out in the Schedule and may require the applicant to provide such other information as may be deemed necessary to enable the County Director consider the application.
|
(4) |
After considering an application under this rule, the County Director may—
(a) |
issue the applicant with a permit in Form C set out in the Schedule if satisfied that the applicant has fulfilled the requirements of these Rules and may attach to such permit such conditions as he may deem expedient; or
|
(b) |
reject an application and communicate the reason for the rejection in writing to the applicant.
|
|
(5) |
The County Director may revoke a permit if the applicant breaches the conditions attached to the permit or contravenes these Rules.
|
(6) |
The permit shall be displayed prominently in the restaurant.
|
(7) |
A permit shall not be transferred from the permit holder to any other person.
|
(8) |
A permit issued under this rule does not replace other licences or permits that may be required by any other written law for the operation of a restaurant.
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(9) |
A person who contravenes paragraph (1), (6) or (7) commits an offence.
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|
4. |
Medical examination and screening
(1) |
Every Restaurant Employee shall be tested and certified by a Government licensed or accredited laboratory to be free from COVID-19-
(a) |
before the Restaurant is issued with a permit; or
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(b) |
whenever a suspected case has been traced to the Restaurant.
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|
(2) |
Every Restaurant Employee shall be screened for COVID-19 at the Restaurant, at the beginning and at the end of a work shift.
|
(3) |
The screening under paragraph (2) shall be carried out by measuring and recording body temperature using a contact free thermometer approved by the Kenya Bureau of Standards.
|
(4) |
A Restaurant Employee whose temperature is above thirty-seven point three degrees Celsius shall not be allowed into the Restaurant and the permit holder shall immediately notify the County Director of such findings.
|
(5) |
The permit holder shall keep a register of the results of the body temperature of every employee who is screened and the register shall be produced by the permit holder on demand by a public health officer.
|
(6) |
A permit holder who makes a false entry in the register referred to in paragraph (5) commits an offence.
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|
5. |
Training of restaurant employees
The permit holder shall ensure that the Restaurant Employees are trained by a Health Care Professional on the prevention of the spread of COVID-19 and a record of the training maintained.
|
6. |
Hygiene requirements for restaurant employees
(1) |
Every Restaurant Employee shall wear a head cover, clean overalls, slip reduction work shoes and a face mask that covers the mouth and nose.
|
(2) |
Where a Restaurant Employee uses disposable gloves, the employee shall—
(a) |
dispose the gloves at least after every one hour;
|
(b) |
wash his hands after removing the gloves; and
|
(c) |
dispose the gloves after carrying out non-food related activities including opening and closing doors or emptying bins.
|
|
(3) |
Restaurant Employees shall maintain a physical distance of at least one point five metres from each other in food preparation areas.
|
(4) |
A person who contravenes this Rule commits an offence.
|
|
7. |
Physical requirements
(1) |
Every permit holder shall ensure that—
(a) |
a handwashing station, complete with clean running water, soap and paper towels, is installed at the entrance of the Restaurant and the effluent water from the handwashing station does not flow freely on the ground;
|
(b) |
a handwashing station, complete with clean running water, soap and paper towels, is installed inside the Restaurant;
|
(c) |
a handwashing station, complete with cold and hot running water, automated taps, automated soap dispensers and paper towels, is installed at the entrance of the kitchen;
|
(d) |
dining tables are placed at least two metres apart;
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(e) |
the distance from the back of one chair to the back of another chair is at least two metres apart and chairs on each dining table are at least two metres apart;
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(f) |
work stations are at least one point five metres apart;
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(g) |
floors are marked to guide the physical distancing requirements;
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(h) |
plexiglass barriers are installed at the tills and counters;
|
(i) |
signage on hand hygiene and physical distancing are placed outside and inside the Restaurant; and
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(j) |
a telephone is provided at the Restaurant to be used by Restaurant Employees for purposes of contacting the County Director, as may be necessary.
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|
(2) |
A person who contravenes any provision of this rule commits an offence.
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|
8. |
Operating conditions
(1) |
Every permit holder shall comply with the following operating conditions—
(a) |
a Restaurant shall operate between 5.00 a.m. and 7.00 p.m.;
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(b) |
customers shall be limited to four people for every ten square metre space;
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(c) |
there shall be no self-serving of food by customers and meals shall be delivered individually to customers to the dining table by a waiter;
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(d) |
alcoholic drinks shall not be served in a Restaurant;
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(e) |
condiments shall not be provided to customers in shared containers;
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(f) |
the Restaurant shall provide contact free menus;
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(g) |
a system for contact free payment shall be put in place by the permit holder; and
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(h) |
a customer with body temperature exceeding thirty-seven point three degrees Celsius shall not be allowed into the premises.
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|
(2) |
A person who contravenes any provision of this rule commits an offence.
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|
9. |
Cleaning and disinfecting of restaurants
(1) |
The surfaces in a Restaurant including floors and counters shall be disinfected after every four hours and a disinfection schedule maintained.
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(2) |
Surfaces that are repeatedly touched by Restaurant Employees and customers including equipment handles, furniture switches, telephones and door knobs shall be disinfected at least once every hour and a disinfection schedule maintained.
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(3) |
Cleaning personnel shall wear heavy duty gloves, overalls, plastic aprons, head covers, gumboots and face masks that cover the mouth and nose.
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(4) |
Toilets shall be disinfected after every hour, using a disinfectant approved by the Kenya Bureau of Standards and a cleaning schedule maintained.
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(5) |
A person who contravenes any provision of this rule commits an offence.
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|
10. |
Penalty
A person who commits an offence under these Rules shall, on conviction, be liable to a fine not exceeding twenty thousand shillings or to imprisonment for a period not exceeding six months or both.
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11. |
Enforcement
These Rules shall be enforced by the National and County Governments as the respective health authorities in line with the provisions of the Public Health Act, (Cap. 242).
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SCHEDULE
FORMS
Form A
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|
r. 3(2)
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APPLICATION FOR A PERMIT TO OPERATE A RESTAURANT DURING THE COVID-19 PANDEMIC
|
To the County Director, Public Health
I hereby apply for a permit to operate a restaurant during the COVID-19 PANDEMIC
Name of applicant............................................
Applicant's National Identity Number.........................................
Applicant's PIN Number................................................
Applicant's telephone Number.............................................
Name of person, firm or company to be issued with Permit.........................Branch of the Business.............................Owner of the Premises..................... Plot No. ...........................
L.R. No. .............................. Physical Address...............................................
Telephone/Cellphone number.......................................................
Email address..........................................................
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|
Date...............................................................................
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..............................................................................................
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Name and Signature and Applicant
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_________________________________
Form B
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r. 3(3)
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INSPECTION CHECKLIST FOR THE OPERATION OF RESTAURANTS DURING THE COVID-19 PANDEMIC
|
Name of the Business....................................................................................
Name of owner / Proprietor..............................................................................
Owner's/ Proprietor's National Identity Number..........................................................
Owners's / Proprietor's Telephone Number................................................................
Business Registration Number............................................................................
Plot No..............................L.R. No. ..........................................................
Physical Address........................................................................................
Telephone/Cellphone number..............................................................................
Email address...........................................................................................
Date.......................... Time: ...............................................
No. of Personnel................... Male .......................... Female..............................
No. of Food Handlers: ..............................
Restraurants opersting during COVID-19 Pandemic MUST observe the following TICK ( ) APPROPRIATELY
No.
|
CONDITION
|
PROVIDED
|
NOT PROVIDED
|
REMARKS
|
|
|
1
|
Person(s) assigned at the entrance points to carry our screening of employees and customers
|
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|
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2
|
Functional wall mounted and contact free thermometer at both employee and customer entry areas
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3
|
Visibly mounted notice on screening of the employees and clients;
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4
|
Visibly mounted notice on promotion of hand hygiene and physical distancing
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5
|
Visibly mounted notice on denial of entry of suspected COVID-19 Cases
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6
|
Notice indicating mandatory donning of face masks
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7
|
Plexiglas barriers at till and counters
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8
|
Tables Spaced 6 feet apart in dinning areas and have four people of every 10 square metres space
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9
|
Distance from back of one chair to the back of the other at 1 metre
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10
|
Floor markings to guide the physical distancing within the premise
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11
|
Adequate ventilation and lighting
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12
|
Water supply points in the kitchen and dinning area
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13
|
Physical distancing (1 metre - 3 feet) in food preparation areas
|
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14
|
Staggered and spaced out workstations on either side of food processing areas
|
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15
|
Duty roster indicating the number of staff in a food preparation area at any one time.
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16
|
Proof of contactless payment systems
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17
|
Disinfectants, cleaning equipment and detergent
|
|
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18
|
Visible notices for staff promoting hand hygiene and physical distancing
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19
|
Availability of instructions and training on how to prevent the spread of COVID-19 for all employees
|
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20
|
Alcohol-based hand sanitizers at premises entry and exit points
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21
|
Hand was facility at the entry of the kitchen and restaurant, complete with:. hot and cold running water,. hygienically operated taps,. detergent/soap,. alcohol-based sanitizer and. appropriate hand drying
|
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|
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22
|
Strategic installation of hand was facilities inside the kitchen/food preparation areas, complete with:. hot and cold running water,. hygienically operated taps,. detergent/soap,. alcohol-based sanitizer andappropriate hand drying
|
|
|
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23
|
Availability and evidence of implementation of Standard Operating Procedures (SOPs) for cleaning
|
|
|
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24
|
Availability and evidence of implementation of Standard Operating Procedures (SOPs) for disinfection
|
|
|
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25
|
Standard Operating Procedures (SOPs) for reporting illness
|
|
|
|
26
|
Trained cleaners assigned for cleaning and disinfection duty roster
|
|
|
|
|
PERSONNEL
|
27
|
Valid medical examination certificate for all personnel
|
|
|
|
28
|
Proof of personnel tested and certified to be COVID-19 Negative by a Government certified laboratory, Check validity of the COVID-19 Clearance Certificate (Form D).
|
|
|
|
29
|
Adequate Personal Protective Equipment (Dust coats, hair nets, face masks, overalls, gumboots, disposable gloves)
|
|
|
|
|
WASTE MANAGEMENT
|
30
|
Schedule waste management procedures
|
|
|
|
31
|
Colour coded waste receptacles: Black for general wastes; Red for hazardous wastes
|
|
|
|
General personal hygiene: Good...... Fair..... Bad......
Comments:
..............................................................................
..............................................................................
..............................................................................
..............................................................................
..............................................................................
..............................................................................
Inspected By: ..........................................................................................
Designation: ...........................................................................................
Signature: .............................................................................................
Official Stamp
_________________________________
Form C
|
|
r. 3(4)(a)
|
|
|
PERMIT TO OPERATE A RESTAURANT DURING THE COVID-19 PANDEMIC
|
Serial No .................................................................
Permit is hereby granted to ......................... (Owner/proprietor)
Name of business ro sell, prepare, pack, store or display food at
Plot No ................................Situated at..................................
Nature of business............................................
1. |
This permit is valid for three (3) months with effect from the date of issue
|
2. |
This permit in not transferable to any other person or premise.
|
3. |
The County Director of Public Health has authority to revoke this permit in the event od contravention of the Public Health Act (Cap. 242).
|
..................................................................................................................
|
|
....................................................................................................................
|
...............................................................................................................................Name and Signature of Issuing Officer Official Stamp of the Office
|
|
PUBLIC HEALTH (COVID-19 RELIGIOUS GATHERINGS) RULES
ARRANGEMENT OF RULES
3. |
Conditions for worship
|
4. |
Persons not allowed in places of worship
|
5. |
Obligations of worshipers
|
PUBLIC HEALTH (COVID-19 RELIGIOUS GATHERINGS) RULES
1. |
Citation
These Rules may be cited as the Public Health (COVID-19 Religious Gatherings) Rules.
|
2. |
Interpretation
In these Rules, unless the context otherwise requires—
"County Director" means the County Director responsible for Public Health in a county;
"COVID-19" means an infectious disease caused by coronavirus;
"Leadership of a Religious Body" means the registered officials, a person recognized by a religious body as having authority to direct the affairs of that body or a person in charge of a religious body; and
"Place of Worship" means any place or premises used for religious purposes including a church, synagogue, mosque or temple.
|
3. |
Conditions for worship
The Leadership of a Religious Body shall—
(a) |
ensure that a handwashing station, complete with clean running water, soap and paper towels, is installed at the entrance of the Place of Worship and the effluent water from the handwashing station does not flow freely on the ground;
|
(b) |
ensure that the Place of Worship is disinfected after every worship session and a disinfection schedule maintained;
|
(c) |
ensure that the temperature of worshipers is measured at the entrance of the Place of Worship using a contact free thermometer;
|
(d) |
ensure that not more than one hundred worshipers attend worship at any given time;
|
(e) |
ensure that a worship session does not exceed one hour;
|
(f) |
ensure that there are no gatherings before or after worship within the Place of Worship;
|
(g) |
ensure that the worshipers do not engage in processions during worship;
|
(h) |
put in place markings in the Place of Worship to ensure that a physical distance of at least one and a half metres is maintained between worshipers;
|
(i) |
not provide worship materials including books, objects, religious scriptures, bulletins and hymnals to the worshippers;
|
(j) |
adopt cashless collection of money or use stationary boxes for collection of money;
|
(k) |
ensure that microphones are disinfected after use;
|
(l) |
where preaching or the leading of worship cannot be performed with facemasks, ensure that a physical distance of two point five meters is maintained from one person to the next;
|
(m) |
ensure that any religious ritual that requires physical contact is not performed;
|
(n) |
provide labelled waste bins with a liner for the disposal of used face masks and gloves;
|
(o) |
place signage on hand hygiene and physical distancing outside and inside the Place of Worship;
|
(p) |
ensure that toilets, door knobs, equipment, instruments, hand rails and other common surfaces are cleaned and disinfected after every worship session;
|
(q) |
ensure that there is proper ventilation in the Place of Worship and shall keep doors and windows open during worship;
|
(r) |
ensure that overhead fans are not used in a Place of Worship; and
|
(s) |
ensure that food or drinks are not sold or served to worshippers in the Place of Worship.
|
(2) |
A person who contravenes paragraph (1) commits an offence.
|
|
4. |
Persons not allowed in places of worship
(1) |
The Leadership of a Religious Body shall not allow the following people in the Place of Worship-
(a) |
a person with a body temperature that exceeds thirty seven point three degrees Celsius;
|
(b) |
a person who has attained the age of fifty eight years; or
|
(c) |
a person is below the age of thirteen years.
|
|
(2) |
Where a person is found to exhibit temperature above thirty seven point three degrees or has symptoms of COVID-19, the Leadership of the Religious Body shall immediately notify the County Director of such findings.
|
(3) |
A person who contravenes paragraph (1) commits an offence.
|
|
5. |
Obligations of worshipers
(1) |
Every worshipper shall, while in a Place of Worship-
(a) |
wear a face mask that covers the nose and mouth;
|
(b) |
maintain a physical distance of not less than one point five metres from the next person; and
|
(c) |
not engage in physical contact, handshaking or embracing.
|
|
(2) |
A person who contravenes paragraph (1) commits an offence.
|
|
6. |
Religious ceremonies
(1) |
Special religious ceremonies or rites including weddings, requiem masses and baptismal ceremonies shall—
(a) |
be restricted to fifteen people;
|
(b) |
be conducted in accordance with the prescribed hygiene conditions; and
|
(c) |
be conducted within one hour.
|
|
(2) |
A person who contravenes paragraph (1) commits an offence.
|
|
7. |
Attendance register
(1) |
The Leadership of a Religious Body shall keep an attendance list of worshipers for every worship session conducted for a period of six months.
|
(2) |
The attendance list under paragraph (1) shall contain—
(a) |
the name of the worshiper;
|
(b) |
the passport number or identification number of the worshiper;
|
(c) |
the nationality of the worshiper;
|
(d) |
the telephone number of the worshiper;
|
(e) |
the permanent residence of the worshiper; and
|
(f) |
the next of kin of the worshiper.
|
|
(2) |
The Leadership of a Religious Body shall provide, without undue delay, the attendance list to a public health officer upon request.
|
(3) |
A person who contravenes paragraph (1) or (2) commits an offence.
|
|
8. |
Training
The Leadership of a Religious Body shall ensure that the leaders and employees of the body are trained by a Public Health Officer on the prevention of the spread of COVID-19 and a record of the training maintained.
|
9. |
Penalty
A person who commits an offence under these Rules shall, on conviction, be liable to a fine not exceeding twenty thousand shillings or to imprisonment for a period not exceeding six months or both.
|
10. |
Enforcement
These Rules shall be enforced by the National and County Governments as the respective health authorities in line with the provisions of the Public Health Act (Cap. 242).
|
THE PUBLIC HEALTH (COVID-19 OPERATION OF PUBLIC SERVICE VEHICLES) RULES
ARRANGEMENT OF RULES
4. |
Training of Public Service Vehicle employees
|
5. |
Obligations of Public Service Vehicle crew
|
9. |
Obligations of passengers
|
SCHEDULES
SCHEDULE [r. 6(l)(f)] — |
VEHICLE CAPACITY
|
THE PUBLIC HEALTH (COVID-19 OPERATION OF PUBLIC SERVICE VEHICLES) RULES
1. |
Citation
These Rules may be cited as the Public Health (COVID-19 Operation of Public Service Vehicles) Rules.
|
2. |
Interpretation
In these Rules, unless the context otherwise requires—
"COVID-19" means an infectious disease caused by coronavirus;
"County Director" means the County Director responsible for Public Health in a county;
"Crew" means the driver, the conductor or any other employee or agent of the Public Service Vehicle operator aboard the vehicle;
"Health Care Professional" has the meaning assigned to it under the Health Act (Cap. 241);
"Owner" means the registered owner of the Public Service Vehicle;
"Operator" means the corporate body with operational responsibility over the public service vehicle on a day to day basis either as the registered owner of the vehicle or pursuant to the terms of a contract or franchise agreement with the registered owner of the vehicle;
|
3. |
Screening of crew
(1) |
The operator of a Public Service Vehicle shall ensure , that—
(a) |
the crew of the Public Service Vehicle are screened for COVID -19 at the bus terminus, at the beginning and at the end of a work shift; and
|
(b) |
the crew of a Public Service Vehicle whose temperature is above thirty-seven point three degrees Celsius shall not be allowed to operate the vehicle and the operator shall immediately notify the County Director of such findings.
|
|
(2) |
The screening under subparagraph (1)(a) shall carried out by measuring and recording body temperature using a contact free thermometer approved by the Kenya Bureau of Standards.
|
(3) |
The operator shall keep a register of the results of the body temperature of every crew member who is screened and the register shall be produced by the operator, on demand by a public health officer.
|
(4) |
An operator who contravenes paragraph (1) or makes a false entry in the register referred to in paragraph (3) commits an offence.
|
|
4. |
Training of Public Service Vehicle employees
The operator of a Public Service Vehicle shall ensure that the crew and employees of the Public Service Vehicle are trained by a health care professional on the prevention of the spread of COVID-19 and a record of the training maintained.
|
5. |
Obligations of Public Service Vehicle crew
(1) |
The crew of a Public Service Vehicle shall—
(a) |
wear a face mask that covers the mouth and nose;
|
(b) |
ensure that all passengers sanitize their hands before boarding;
|
(c) |
ensure proper ventilation of the vehicle while on transit;
|
(d) |
not allow any hawking, preaching or begging in the vehicle;
|
(e) |
ensure that disembarkation at the destination is conducted by rows starting with the rows closest to the exits; and
|
(f) |
ensure that the vehicle is disinfected after every trip.
|
|
(2) |
A person who contravenes paragraph (1) commits an offence.
|
|
6. |
Hygiene requirements
(1) |
The operator of a Public Service Vehicle shall ensure that—
(a) |
a handwashing station, complete with clean running water, soap and paper towels, is installed at the ticket booking office and passenger boarding point and the effluent water from the handwashing station does not flow freely on the ground;
|
(b) |
a hand sanitizer approved by the Kenya Bureau of Standards is available for use by passengers;
|
(c) |
the interior surface of the vehicle is disinfected after every trip and a disinfection schedule maintained;
|
(e) |
the temperature of passengers is measured at the entrance of the vehicle using a contact free thermometer;
|
(f) |
the Public Service Vehicle carries the capacity set out in the Schedule; and
|
(g) |
there is social distancing between passengers.
|
|
(2) |
A person who contravenes any provision of this rule commits an offence.
|
|
7. |
Passenger manifests
(1) |
The operator of a Public Service Vehicle engaged in intercounty passenger travel shall maintain and keep a passenger manifest for any trip for a period of at least six months.
|
(2) |
The manifest under paragraph (1) shall contain—
(a) |
the name of the passenger;
|
(b) |
the nationality of the passenger;
|
(c) |
the passport number or identification number of the passenger;
|
(d) |
the telephone number of the passenger;
|
(e) |
the seat allocated to the passenger; and
|
(f) |
the permanent residence of the passenger.
|
|
(3) |
The operator shall provide, without undue delay, the manifest to the relevant public health authorities upon request.
|
(4) |
The requirements of paragraph (1) shall not apply if the total distance to be covered between the point of commencement of travel in one county and the point of termination of travel in another county does not exceed fifty kilometers.
|
(5) |
A passenger of a Public Service Vehicle shall not provide false information for purposes of paragraph (2).
|
(6) |
A person who contravenes paragraph (1), (3) or (5) commits an offence.
|
|
8. |
Operating conditions
(1) |
The operator of a Public Service Vehicle shall comply with the following operating conditions—
(a) |
there shall be no serving of food or drinks to passengers in a Public Service Vehicle;
|
(b) |
a system for contact free payment shall be put in place by the operator; and
|
(c) |
a passenger with body temperature exceeding thirty-seven point three degrees Celsius shall not be allowed into the Public Service Vehicle.
|
|
(2) |
A person who contravenes any provision of paragraph (1) commits an offence.
|
|
9. |
Obligations of passengers
(1) |
A passenger shall, while aboard a Public Service Vehicle, wear a face mask that covers the mouth and nose throughout the journey.
|
(2) |
A person who contravenes paragraph (1) commits an offence.
|
|
10. |
Penalty
(1) |
A person who commits an offence under these Rules shall, on conviction, be liable to a fine not exceeding twenty thousand shillings or to imprisonment for a period not exceeding six months or both.
|
(2) |
The County Director may, in addition to any other penalty prescribed under these Rules, order that all vehicles belonging to the SACCO, Company or such other operator that is in breach of these Rules be impounded and subjected to inspection.
|
|
11. |
Enforcement
These Rules shall be enforced by the National and County Governments as the respective health authorities in line with the provisions of the Public Health Act (Cap. 242).
|
SCHEDULE [r. 6(l)(f)]
VEHICLE CAPACITY
VEHICLE CAPACITY
|
ALLOWED SEATING CAPACITY
|
14 seater
|
10 seater
|
23 seater
|
14 seater
|
33 seater
|
18 seater
|
45 seater
|
33 seater
|
51 seater
|
30 seater
|
56 seater
|
40 seater
|
Tuktuk
|
1 passenger
|
THE PUBLIC HEALTH (COVID-19 SALE OF ALCOHOLIC DRINKS) RULES
ARRANGEMENT OF RULES
3. |
Prohibition of sale of alcoholic drinks in some business establishments
|
4. |
Sale of alcoholic drinks in wines and spirits shops and supermarkets
|
5. |
Consumption of alcoholic drinks in public places
|
THE PUBLIC HEALTH (COVID-19 SALE OF ALCOHOLIC DRINKS) RULES
1. |
Citation
These Rules may be cited as the Public Health (COVID-19 Sale of Alcoholic Drinks) Rules.
|
2. |
Interpretation
In these Rules, unless the context otherwise requires —
"alcoholic drink" has the meaning assigned to it in the Alcoholic Drinks Control Act (Cap. 121); and
"COVID-19" means an infectious disease caused by Coronavirus.
|
3. |
Prohibition of sale of alcoholic drinks in some business establishments
(1) |
Alcoholic drinks shall not be sold at any restaurant, hotel, eatery, bar, food court or entertainment establishment.
|
(2) |
A person who contravenes paragraph (1) commits an offence.
|
|
4. |
Sale of alcoholic drinks in wines and spirits shops and supermarkets
(1) |
Alcoholic drinks may be sold in a wines and spirits shop or supermarket between 9.00 am and 7.30 pm.
|
(2) |
A person who contravenes paragraph (1) commits an offence.
|
|
5. |
Consumption of alcoholic drinks in public places
(1) |
A person shall not consume any alcoholic drink in a public place including a restaurant, hotel, parking lot, eatery, bar, entertainment establishment, public park, supermarket or wines and spirits shop.
|
(2) |
A person who contravenes paragraph (1) commits an offence.
|
|
6. |
Penalty
A person who commits an offence under these Rules shall, on conviction, be liable to a fine not exceeding twenty thousand shillings or to imprisonment for a period not exceeding six months or both.
|
7. |
Enforcement
These Rules shall be enforced by the National and County Governments as the respective health authorities in line with the provisions of the Public Health Act (Cap. 242).
|
THE PUBLIC HEALTH (COVID-19 INDOOR MEETINGS) RULES
ARRANGEMENT OF RULES
3. |
Authorization to hold an indoor meeting.
|
4. |
Inspection of meeting venues.
|
5. |
Certificate of authorization.
|
6. |
Conditions for holding indoor meetings.
|
7. |
Obligations of the convener.
|
8. |
Persons not allowed to attend indoor meetings.
|
10. |
Obligations of attendees.
|
SCHEDULES
THE PUBLIC HEALTH (COVID-19 INDOOR MEETINGS) RULES
1. |
Citation.
These Rules may be cited as the Public Health (COVID-19 Indoor Meetings) Rules.
|
2. |
Interpretation.
In these Rules, unless the context otherwise requires—
“convener” means the person who invites people to an indoor meeting;
“County Director” means the County Director responsible for Public Health in a county;
“COVID-19” means an infectious disease caused by coronavirus;
“indoor meeting” means a gathering of people in a building for a public purpose; and
“regulating officer” means the officer in charge of the police station in the area in which an indoor meeting is proposed to be held.
|
3. |
Authorization to hold an indoor meeting.
(1) |
A convener of an indoor meeting shall not hold the meeting unless he or she has an inspection certificate and an authorization certificate issued under these Rules.
|
(2) |
A person who contravenes the provisions of paragraph (1) commits an offence.
Provided that in the case of books and magazines, proof of deposit at the National Library shall suffice.
|
|
4. |
Inspection of meeting venues.
(1) |
The convener of an indoor meeting shall apply to the County Director for inspection of the proposed meeting venue.
|
(2) |
An application made under paragraph (1) shall be in Form 1 set out in the Schedule and shall be made at least three days but not more than fourteen days before the proposed date of the indoor meeting.
|
(3) |
The County Director shall, upon receipt of the application made under paragraph (1), inspect the proposed meeting venue and may—
(a) |
if satisfied that the requirements under these Rules have been met, issue to the applicant an inspection certificate in Form 2 set out in the Schedule; or
|
(b) |
if the requirements of these Rules have not been met, prohibit the holding of the meeting in writing, giving reasons thereof.
|
|
|
5. |
Certificate of authorization.
(1) |
The convener shall apply to the regulating officer for authorization to hold an indoor meeting.
|
(2) |
An application made under paragraph (1) shall be in Form 3 set out in the Schedule and shall be—
(a) |
made at least three days but not more than fourteen days before the proposed date of the indoor meeting; and
|
(b) |
accompanied by an inspection certificate issued under rule 4.
|
|
(3) |
The regulating officer shall, upon receipt of an application made under paragraph (1), consider the application and may—
(a) |
issue a certificate of authorization in Form 4 set out in the schedule; or
|
(b) |
reject the application, in writing, giving reasons thereof.
|
|
(4) |
The regulating officer may stop or prevent the holding of an indoor meeting—
(a) |
held without authorization; and
|
(b) |
which, having regard to the rights and interests of the persons participating in the meeting, there is present or imminent danger of a breach of these Rules.
|
|
(5) |
A person who refuses to obey any order issued under paragraph (4) commits an offence.
|
|
6. |
Conditions for holding indoor meetings.
(1) |
An indoor meeting shall—
a) be held between 9.00 am and 5.00 pm;
(b) |
be held within a building that is well ventilated; and
|
|
(2) |
The attendance at an indoor meeting shall be limited to one third of the normal seating capacity of the meeting venue.
|
(3) |
Food or drink shall not be served at an indoor meeting.
|
|
7. |
Obligations of the convener.
(1) |
The convener of an indoor meeting shall—
(a) |
ensure that the meeting venue is disinfected before and after the meeting;
|
(b) |
provide hand sanitizers to the attendees or provide a handwashing station, equipped with clean running water, soap and paper towels at the entrance of the meeting venue and ensure that the effluent water from the handwashing station does not flow freely on the ground;
|
(c) |
ensure that microphones are only used by the presenters and are not passed around to the attendees;
|
(d) |
ensure that any microphone used by a presenter at the meeting is disinfected before and after his or her use;
|
(e) |
ensure that a public address system is not placed outside the meeting venue;
|
(f) |
put in place markings in the venue to ensure that a physical distance of one and a half metres is maintained between attendees;
|
(g) |
ensure that there are no gatherings by the attendees outside the meeting venue, before, during or after the meeting;
|
(h) |
not provide brochures, booklets, pamphlets or other reading materials to the attendees;
|
(i) |
ensure that the temperature of attendees is measured at the entrance of the venue using a contact free thermometer;
|
(j) |
ensure that the attendees do not engage in singing, dancing or an activity that requires physical contact;
|
(k) |
ensure that the indoor meeting is held between 9.00 am and 5.00 pm;
|
(l) |
ensure that the meeting is held within a building;
|
(m) |
ensure that the meeting does not exceed two hours;
|
(n) |
ensure that there is proper ventilation in the venue and the doors and windows are kept open during the meeting;
|
(o) |
ensure that the attendance at an indoor meeting is limited to one third of the normal capacity of the meeting venue: and
|
(p) |
ensure that food or drink is not served at an indoor meeting.
|
|
(2) |
The convener of an indoor meeting or his or her authorized agent shall be present throughout the meeting and shall ensure compliance with these Rules.
|
(3) |
A convener who contravenes any provision of this rule commits an offence.
|
|
8. |
Persons not allowed to attend indoor meetings.
(1) |
The convener shall not allow the following people in an indoor meeting—
(a) |
a person with a body temperature that exceeds thirty seven point five degrees Celsius; or
|
(b) |
a person who is below the age of thirteen years.
|
|
(2) |
Where a person is found to exhibit temperature above thirty seven point five degrees or has symptoms of COVID-19, the convener shall immediately notify the County Director of such findings.
|
(3) |
A person who contravenes paragraph (1) commits an offence.
|
|
9. |
Attendance list.
(1) |
The convener of an indoor meeting shall keep an attendance list of persons who attend an indoor meeting for a period of six months.
|
(2) |
The attendance list under paragraph (1) shall contain—
(a) |
the name of the attendee;
|
(b) |
the passport number or national identification number of the attendee;
|
(c) |
the telephone number of the attendee;
|
(d) |
the permanent residence of the attendee; and
|
(e) |
the next of kin of the attendee.
|
|
(3) |
The convener shall provide, without undue delay, the attendance list to a public health officer upon request.
|
(4) |
A convener who contravenes paragraph (1) or (3) commits an offence.
|
|
10. |
Obligations of attendees.
(1) |
Every person shall, while in an indoor meeting—
(a) |
wear a face mask that covers the nose and mouth;
|
(b) |
maintain a physical distance of not less than one point five metres from the next person; and
|
(c) |
not engage in any form physical contact, handshaking or embracing.
|
|
(2) |
A person who contravenes paragraph (1) commits an offence.
|
|
11. |
Penalty.
(1) |
A person who commits an offence under these Rules shall, on conviction, be liable to a fine not exceeding twenty thousand shillings or to imprisonment for a term not exceeding six months, or to both.
|
(2) |
A convener who contravenes these Rules or fails to ensure compliance with these Rules by the attendees shall be barred from holding subsequent indoor meetings.
|
|
FORMS
FORM 1 [r. 4(2)]
APPLICATION FOR INSPECTION FOR PURPOSES OF AN INDOOR MEETING
1. |
Particulars of the convener—
(a) |
Name ..................................
|
(b) |
Physical address ...................
|
(c) |
Postal address .............................
|
(d) |
Telephone No. .........................
|
(e) |
Email address............................
|
|
2. |
Proposed date and time of the indoor meeting—
On the ......................, 20 ................
between ............................. and .......................
|
3. |
Proposed venue of the indoor meeting
.....................................................................................
DECLARATION
I hereby apply for inspection in respect of the indoor meeting specified above, and I declare that the statements made above are true and complete in all respects.
Dated the .............................................
Signature of convener...............................
|
I, the undersigned.................................................. certify that I inspected the proposed venue of the indoor meeting and I am satisfied that the convener has complied with the Public Health (COVID-19 Indoor Meetings) Rules, 2020.
This certificate is grante............................ of P.O. Box ................................ and relates to the indoor meeting proposed to be held on................... Between...........................(am/pm) and .......................(am/pm) at .............................(venue)
Date ................. Signature............................
County Director......................................
APPLICATION FOR AUTHORIZATION TO HOLD AN INDOOR MEETING
1. |
Particulars of the convener—
(a) |
Name ................................................
|
..............................................................
...........................................................
..................................................................
....................................................................
(d) |
Telephone No. ............................................
|
(e) |
Email address...............................................
|
|
2. |
Proposed date and time of the indoor meeting—
On the .........................., 20 ........................
between ........................... and ...............................
|
3. |
Proposed venue of the indoor meeting
..............................................................................
Dated the ......................................................................
Signature of convener .........................................................
|
CERTIFICATE OF AUTHORIZATION
This certificate is granted........................................... of P.O. Box.......................................... and relates to the indoor meeting proposed to be held on............... Between............(am/pm) and................... (am/pm) at .....................(venue)
Date ................Signature......................
Regulating Office
|