KINGSTON AND ST. ANDREW BUILDING ACT

ARRANGEMENT OF SECTIONS

PART I
Preliminary

   1   Short title

   2   Interpretation

 

PART II
Regulation and Supervision of Buildings

   3   Buildings exempt from operation of Part II

   4   Area to which Act applies

   5   Alterations of and additions to old buildings

   6   Divisions of old buildings separated by improper partitions

   7   At what distance from centre of roadway houses are to be built

   8   Notice to set back buildings

   9   Penalties for disobedience to notice

   10   Procedure to be adopted by persons proposing to erect or re-erect buildings

   11   Making use of existing walls

   12   Buildings to which Act inapplicable

   13   Temporary buildings

   14   Removal of temporary buildings

   15   Penalty for non-compliance with this Pact or notice thereunder

   16   Approvals and assent to be in writing

   17   Register of conditional assents

   18   External walls

   19   Hoardings

   20   New buildings

   21   Chimneys

   22   Public buildings

   23   Conversion of building into a public building

   24   Penalties

   25   Regulations in First and Second Schedules

   26   Transfer of powers of Building Authority.

      [Repealed by Act 28 of 1991.]

 

The Surveyor

   27   Buildings to be under supervision of Surveyor

   28   Surveyor may appoint deputy with consent

   29   Appointment of District Surveyors or assistant to Surveyor

   30   Supervision of buildings of Surveyor or under his professional superintendence

 

Notices to the Surveyor

   31   Notices to be given to Surveyor by builder

   32   Duty of Surveyor to survey buildings and cause his Act to be observed

   33   Notice to be evidence as against builder of intended works

   34   Penalties on builder proceeding without giving notice or before expiration of two days after notice

   35   Powers of Surveyor to enter and inspect buildings, and penalties for obstructing him, etc

   36   Powers of Surveyor to enter buildings to ascertain their right to exemption

   37   As to commencing work in cases of emergency before notice

   38   Notices by Surveyor in cases of irregularity on part of builder

   39   On non-compliance with notice, power to Justice to order compliance in whole or part upon summons to builder

   40   Penalties on builder and powers of Surveyor if order of Justice not obeyed

   41   Notice as to latrines in certain cases. Powers of enforcing same

   42   Penalty on workmen, etc, contravening the regulations under this Act

   43   Power of Corporation to prepare forms of notices

   44   Payment of fees to Corporation or as per Part I of Third Schedule

   45   As to fees for special services not specified in Third Schedule

   46   Monthly returns to be made by the Surveyor to the Corporation

   47   Effect of such return

 

PART III
Dangerous Structures

   48   Survey to be made of dangerous structures

   49   Certificate of Surveyor's opinion

   50   Proceedings upon Surveyor's certificate

   51   Powers of Corporation if notice not complied with

   52   Power of Corporation to sell for payment of expenses, giving surplus to owner

   53   Application of surplus if no proper demand made for same

   54   Fees to Corporation

   55   Fees for special services

   56   Power to remove persons from dangerous structures

 

PART IV
Party Structures

   57   Building owner and adjoining owner defined

   58   Rights of building owner

   59   Rights of adjoining owner

   60   Rules as to exercise of rights by building and adjoining owners

   61   Right of building owner to enter on premises for executing works

   62   Security to be given by building owner if required

   63   Rules as to expenses in respect of party structures

   64   Account of expenses to be delivered to adjoining owner within one month

   65   Difference as to expenses, how to be indicated and settled

   66   Acceptance of account and payment

   67   Possession of party structure until payment of expenses

   68   As to expenses incurred on requisition of adjoining owner

   69   Penalty on building owner failing to perform conditions subject to which his right to execute works arises

 

PART V
Miscellaneous Provisions

   70   Rules as to payment of expenses by owner

   71   Rules as to service of notices, summonses and orders

   72   Power to enter premises in order to comply with notices or orders. Penalty on obstruction

   73   Service of notices, etc, on persons under disability

   74   Power to Resident Magistrate for Kingston to give consent and dispense with service of notice in certain cases

   75   Rights of landlords and tenants not affected

   76   Powers of Surveyor as to works discovered to have been done without due notice

   77   Power to make regulations

      [Repealed by Act 28 of 1991.]

   78   As to actions against Surveyor and certain others acting in carrying this Act into effect

   79   Powers of the :Resident Magistrate's Court for Kingston

   80   Proceedings in and enforcement of orders of Court

   81   Appeals from the Resident Magistrate's Court for Kingston

   82   Recovery of penalties

   83   Recovery of fees, costs and expenses

   84   [Spent.]

      SCHEDULES

 

THE KINGSTON AND ST. ANDREW BUILDING ACT

[Date of Commencement: 19th April, 1883.]

Cap 191.

Law 15 of 1957.

Acts
42 of 1969,
30 of 1987,
39 of 1995.

LNs
26/1955,
65/1957,
45/1992.

GNs
74/1908,
1099/1961.

PART I
Preliminary

1   Short title

   This Act may be cited as the Kingston and St. Andrew Building Act.

2   Interpretation

   (1) In this Act-

the "area" of every building shall be deemed to the superficies of a horizontal section of such building made at the point of its greatest surface, including the external wall and such portion of the party walls as belong to the building' but excluding any attached building the height of which does not exceed the height of the ground storey;

   "the base of the wall" shall mean the course immediately above the footings;

   "bressumer" means a wooden or reinforced concrete beam, or metallic girder, which carries a wall,

   "builder" means the person who is employed to build or to execute work on a building or structure, or, where no person is so employed, the owner of the building or structure;

   "Building Authority" and "Corporation" mean the Council of the Kingston and St. Andrew Corporation appointed and constituted under the provisions of the Kingston and St. Andrew Corporation Act, or such other body as may be, by order of the Minister, substituted for that Corporation for the purposes of this Act in pursuance of the powers contained in this Act;

[28/1991 s 2(a).]

   "building of the warehouse class" means a warehouse, factory, manufactory, brewery distillery, foundry, and any other building, exceeding in cubical extent one hundred and twenty-five thousand cubic feet, which is neither a public building nor a domestic building;

   "business area" means an area bounded by a line commencing at a point in the harbour of Kingston, one hundred yards south of the shore of the harbour, at the centre of Higholborn Street, running thence along the centres of the following streets Northerly along Higholborn Street to Harbour Street thence westerly along Harbour Street to Hanover Street, thence northerly along Hanover Street to East Queen Street, thence westerly along East Queen Street to Duke Street, thence northerly along Duke Street to Sutton Street, thence westerly along Sutton Street, North Parade and Heywood Street to West Street, thence southerly along West Street to Barry Street, thence westerly along Barry Street to Pechon Street' thence southerly along Pechon Street and continuing from Pechon Street in a straight line to the shore of the harbour, and south-ward out to a point in the harbour, one hundred yards from the shore, and thence easterly in a line parallel to the shore of the harbour and one hundred yards distance therefrom to the point of commencement, and every other area within the urban and suburban districts defined and described in the Second Schedule to the Kingston and St. Andrew Corporation Act, which the Minister may from time to time by order in the Gazette declare to be a business area for the purposes of this Act,

   "centre of the roadway", in relation to any road, passage or way, existing on the nineteenth day of April, 1883, or thereafter formed, shall mean the centre of the roadway of such road, passage or way, as existing immediately before the time when first after the date aforesaid, or the formation of the same, any house or building fronting towards or abutting upon such road, passage or way, was begun to be constructed or extended;

   "cross wall" shall apply to every wall used or built in order to be used as a separation of one part of any building from another part of the same building, such building being wholly in one occupation;

   "cubical content" applied to the measurement of a building, means the space contained within the external surfaces of its walls and roof and the upper surface of the floor of its lowest storey;

   "domestic building", includes a dwelling-house, or an office building, of outbuilding appurtenant to a dwelling-house, whether attached thereto or not, and any other building, not being a public building, or of the ware-house class;

   "dwelling-house", means a building used, or constructed, or adapted to be used, wholly or principally for human habitation;

   "external wall", means an outer wall or vertical enclosure of any building, not being a party wall;

   "fire-resisting material" means any of the things described in the Second Schedule:

   "ground storey" means that storey of a building to which there is an entrance from the outside, on or near the level of the ground;

   "habitable", applied to a room, means a room constructed or adapted to be inhabited;

   "height", in relation to any building, means the measurement taken from the level of the street (if any) immediately in front of the centre of the face of the building; or (where there is no such street) from the level of the ground before excavation to the level of the top of the parapet; or where there is no parapet. to the level of the top of the external wall; or (in case of gable buildings) to the base of the gable;

   "inhabited", applied to a room, means a room in which some person passes the night, or which is used as a living room, including a room with respect to which there is a probable presumption (until the contrary is shown), that some person passes the night therein, or that it is used as a living room;

   "new building", includes (a) a building begun to be built or rebuilt after the 29th day of July, 1907, and includes the re-erecting of any building pulled down, damaged, or destroyed to or below the floor immediately above the ground storey, thereof, or of any building of which only the framework is left above the ground storey and any addition to, or external alteration of an existing building, and (b) any space between walls roofed after the 29th day of July, 1907;

   "owner" shall apply to every person in possession or receipt either of the whole or of any part of the rents or profits of any land or tenement, or in occupation of any land or tenement, otherwise than as a tenant from year to year or for any less term, or as a tenant at will, and the attorney or agent of any such person;

   "party structure" shall include party walls and dividing walls, partitions and fences, between premises either owned or occupied by different persons, and also partitions, arches, floors and other structures, separating buildings, stories or rooms, which belong to different owners, or which are approached by distinct staircases or separate entrances from without;

   "party wall" means (a) a wall forming part of a building and used, or constructed or adapted to be used, for separation of adjoining buildings belonging to different owners, or occupied or constructed or adapted to be occupied by different persons; or (b) a wall forming part of a building and standing in any part of its length to a greater extent than the projection of the footings on lands of different owners;

   "person" shall include a body corporate;

   "the prescribed distance" shall mean the distance prescribed by the Corporation, by notice published the Gazette, in respect of any particular road, street, lane or way, or any particular portion thereof respectively, to be named in such notice; and in respect of the roads, streets, lanes or ways, or portions thereof respectively' in respect of which no distance has been prescribed in manner aforesaid, shall mean twenty feet from the centre of the roadway of a road or street, and twelve feet from the centre of the roadway of a lane or other way narrower than a road or street;

   "public building" means a building used, or constructed, or adapted to be used, either ordinarily or occasionally, as a church, chapel, or other place of public worship, or as a school, college or place of instruction (not being merely a dwelling-house so used), or as a hospital, work-house, theatre, public hall, public concert room, public ball room, public lecture room, public library, or public exhibition room, or as a public place of assembly for persons admitted thereto by tickets or otherwise, or used or constructed, or adapted to be used, either ordinarily or occasionally for any other public purpose, also a building used, or constructed, or adapted to be used as a hotel, lodging-house, home, refuge, or shelter, where such building extends to more than one hundred and twenty-five thousand cubic feet, or contains sleeping accommodation for more than a hundred persons;

   "roadway" in relation to any road street, lane or way shall mean the whole space open for traffic, whether carriage traffic and foot traffic, or foot traffic only;

   "the Surveyor" or "District Surveyor", as the case may be, means the City Engineer appointed under the Kingston and St. Andrew Corporation Act, or such officer as may be appointed for the purpose of this Act by the Building Authority:

[28/1991 s 2(b).]

   "topmost storey" means the uppermost storey in a building whether constructed wholly or partly in the roof or not;

   "tribunal of appeal" means the Chief Technical Director or any person from time to time appointed by him in writing, to hear and determine any appeal.

PART II
Regulation and Supervision of Buildings

3   Buildings exempt from operation of Part II

   All buildings under the supervision or control of the Chief Technical Director, shall be exempt from the operation of this Part.

[42/1969 3rd Sch.]

4   Area to which Act applies

   (1) All the provisions of this Act shall extend to and be in force in-

   (a)   the business area; and

   (b)   (subject to any special or general modifications, exceptions or limitations herein contained, or which the Building Authority may from time to time on a resolution approved by the Minister prescribe) all such areas within the urban and suburban districts as deemed and described in the Second Schedule to the Kingston and St. Andrew Corporation Act, as the Minister may from time to time by order in the Gazette prescribe:

[28/1991 s 3.]

   Provided that until the issue of the first of such orders, the provisions of this Act shall extend to and be in force throughout the whole of the area of the said urban and suburban districts.

   (2) The following portions of the First Schedule, that is to say paragraph (1) of regulation 24, paragraphs (1) and (2) of regulation 28, and paragraphs (2) and (3) of regulation 30 shall not apply to domestic buildings outside the business area, having a cubical content of not more than one hundred and twenty-five thousand cubic feet.

5   Alterations of and additions to old buildings

   Any alteration, addition or other work, made or done for any purpose, except that of necessary repair not affecting the construction of any wall, in, to or upon, any old building, or in, to or upon, any new building after the roof has been covered in, shall to the extent of such alteration, addition or work, be subject to the regulations in the First and Second Schedules, and whenever mention is hereinafter made of any alteration, addition or work, in, to or upon, any building it shall unless the contrary appears from the context, be deemed to imply an alteration, addition or work, to which this Act applies.

6   Divisions of old buildings separated by improper partitions

   Whenever any old buildings are separated by timber or other partitions not in conformity with this Act, then, if such partitions are removed to the extent of one-half thereof, such buildings shall, as respects the separation thereof, be deemed to be new buildings, and be forthwith divided from each other in the manner directed by this Act.

7   At what distance from centre of roadway houses are to be built

   No house or building shall be constructed or begun to be constructed, and no house or building shall be extended or begun to be extended, in such manner that the external wall or front of any such house or building, or if there be a forecourt or other space left in front of any such house or building the external fence or boundary of such forecourt or other space, shall be at a distance less than the prescribed distance from the centre of the roadway of any road, street, lane or way, without the consent in writing of the Corporation:

   Provided always that the Corporation may, in any case where it may think it expedient, consent to the construction, formation or extension, of any house, building, forecourt or space, at a distance less than the prescribed distance from the centre of the roadway of any such road, street, lane or way, and at such distance from the centre of such roadway, and subject to such conditions and terms (if any), as they may think proper to sanction.

8   Notice to set back buildings

   In every case where any such house, building, forecourt or space, is constructed, formed or extended, or is begun to be constructed, formed or extended, in contravention of the provisions of section 7, at a distance from the centre of the roadway of any such road, street, lane or way, as aforesaid less than the prescribed distance, or than such other distance as may have been sanctioned by the Corporation, or contrary to the conditions and terms (if any) subject to which such sanction was obtained, the Corporation may serve a notice upon the owner or occupier of the said house, building, forecourt or space, or upon the builder or person engaged in constructing, forming or extending the same, requiring him to comply with the provisions of the said section, and to cause such house, building, forecourt or space, or any part thereof, to be set back so that the external wall of such house or building, or the external fence or boundary of such forecourt or space, shall be at a distance not less than the prescribed distance from the centre of the roadway of such road, street, lane or way as aforesaid, or at such distance and according to such conditions and terms (if any) as the Corporation may have sanctioned.

9   Penalties for disobedience to notice

   In case any owner, occupier, builder or person, during twenty-eight days after the service of any notice under the preceding section neglects or refuses to comply with the requirements of such notice, or after the expiration of such period fails to carry out or complete the works necessary for such compliance with all reasonable despatch, he shall be liable to a penalty of not less than ten thousand dollars, and not more than twenty thousand dollars, and to a further penalty of not less than eight hundred dollars, and not more than two thousand dollars for each day during which such default continues after the first day after the expiration of the time limited by such notice.

[39/1995 s 3.]

10   Procedure to be adopted by persons proposing to erect or re-erect buildings

   (1) Every person who proposes to erect or re-erect any building or any part thereof, or to extend any building or any part thereof, shall give notice thereof to the Building Authority and such notice shall be accompanied by-

   (a)   An accurate ground plan showing the land or site, the frontage line for length of twenty feet, of any building, whether standing or in ruins, adjacent on each side thereof, and the full width of the street or streets immediately in front and at the side or back thereof, if any.

   (b)   An accurate plan showing the several floors of such building and the front elevation thereof and at least one cross section and such other cross or longitudinal sections and further particulars, as the Building Authority may from time to time by regulation or in any particular case require.

   (c)   An accurate plan showing the frontage of such building on any street or lane.

   All such plans shall be to a scale not smaller than one-eighth of an inch to one foot, and the Surveyor shall, if he approve of such drawings, notify his approval of the same in writing to the builder, or he may call for amended drawings for approval or otherwise. In case of dispute the matter shall be submitted to the Building Authority:

   Provided always that no plans shall be approved as hereinbefore mentioned unless the class of building and the frontage, elevation and design are in the opinion of the Building Authority suitable to the locality or neighbourhood and unless they make provision for sanitary arrangements to the satisfaction of the Surveyor or the Building Authority or in cases where house sewers cannot be required, to the satisfaction of the Corporation, nor unless plans under the Kingston Improvements Act have been approved by the Building Authority. The Building Authority may also at any time before or after the work has been commenced, require the builder or owner to submit such working drawings or detailed plans as, and drawn to such scale as the Surveyor may prescribe. The procedure in regard to approval or otherwise of such working drawings or detailed plans shall be in all respects as above described:

   Provided also that the Surveyor may in his discretion accept a notice unaccompanied by plans and approve of the building proposed subject to such written instructions or directions as may from time to time be given by the Surveyor or Building Authority, and in such case any failure to comply with any of such instructions or directions shall for the purposes of the next subsection be deemed to be a deviation from the approved plan.

   (2) Every person who shall erect, or begin to erect or re-erect or extend, or cause or procure the erection, re-erection or extension of any such building or any part thereof, without previously obtaining the written approval of the Building Authority; or, in case of dispute, of the tribunal of appeal, or otherwise than in conformity with such approval; and every builder or other person who shall, in the erection, re-erection or extension of any such building or part thereof deviate from the plan approved by the Building Authority; or, in the case of detailed or working drawings, by the Surveyor or the tribunal of appeal, shall be guilty of an offence against this Act, and liable to a penalty not exceeding fifty thousand dollars, besides being ordered by the Court to take down the said building or part thereof, or to alter the same in such way as the Surveyor shall direct, so as to make it in conformity with the approval of the Building Authority or the tribunal of appeal.

[39/1995 s 3.]

11   Making use of existing walls

   Where any person desires to erect or re-erect any building or any part thereof, so that such erection or re-erection may be deemed a "new building" under this Act, and such person desires to make use of any existing walls as part of such new building, he may make application in writing to the Surveyor for permission so to do. The Surveyor shall upon the receipt of such reports and after such other inspection or investigation as he may think necessary, finally determine whether such walls or any part thereof, and if so, what part, may be so used or not, or upon what terms and conditions the same may be so used, and thereupon such walls, or such portion as aforesaid, may be used in accordance with the determination of the Surveyor and not otherwise.

   All expenses which may be incurred in connection with such application, shall be paid by the applicant in advance, and the amount thereof shall be determined by the Surveyor.

12   Buildings to which Act inapplicable

   (1) Where any builder is desirous of erecting store-houses on any wharf property, any pier, jetty, or any building thereon, or any boathouse, or any shed or latrine or water closet, to which the provisions of this Act are in the opinion of the Building Authority inappropriate, having regard to the special purpose for which the building or structure is designed or adapted to be used, he shall make an application to the Building Authority, accompanied by a plan of the proposed building or structure, with such particulars of the construction thereof as may be required by the Building Authority.

   (2) The Building Authority, if satisfied with such plans or particulars, shall signify their approval of the same in writing, and thereupon the building may be constructed according to such plans and particulars.

   (3) The Building Authority may, for the purpose of regulating the procedure in relation to such application, from time to time make, revoke and amend such general rules as they think fit, as to the time and manner of making such applications, and as to the plans to be presented. the expenses to be incurred, and any other matter or thing connected therewith.

   (4) All expenses incurred in and about the obtaining approval of the Building Authority, shall be paid by the person applying for such approval.

   (5) A copy of any plans and particulars approved by the Building Authority shall be furnished to the Surveyor and it shall be his duty to ascertain that the work and materials are built in accordance with the said plans and particulars.

13   Temporary buildings

   Where an application is made to the Building Authority, by any person stating his desire to erect in any place a building or structure of a temporary character, to which the general provisions of this Act are inapplicable, or in the opinion of the Building Authority inappropriate, the Building Authority may, if they approve of the plan and particulars of the building or structure, grant permission for the erection of the same, and shall limit the period, not exceeding one year, during which it shall be allowed to remain in that place, and may make their approval subject to such conditions as they think fit.

14   Removal of temporary buildings

   If at the expiration of the period limited by the Building Authority, or if no such period be limited, at the expiration of one year from the approval of the plans and particulars, the building or structure of a temporary character, be not removed the Building Authority shall serve a notice on the occupier or owner of such building or structure, requiring him to remove it within a reasonable the specified in the notice; and if the owner or occupier fail to remove such building or structure within the time named, the Building Authority shall, notwithstanding the imposition and the recovery of any penalty, cause complaint thereof to be made before the Resident Magistrate, who shall thereupon cause a summons to be issued, requiring such occupier or owner to appear to answer such complaint; and, if the said complaint is proved to the satisfaction of the Resident Magistrate, the Resident Magistrate shall make an order in writing authorising the Building Authority to enter upon the land upon which such building is situated, and to remove or take down the same, and do whatever may be necessary for such purpose, and also to remove the materials of which the same is composed to a convenient place; and (unless the expenses of the Building Authority be paid to them within fourteen days after such removal) to sell the same as they the proper.

15   Penalty for non-compliance with this Act or notice thereunder

   In case any owner, occupier, builder, or person, during twenty-eight days after the service of any notice under this Act, neglects or refuses to comply with the requirements of such notice, or after the expiration of such period fails to carry out or complete the works necessary for such compliance, with all reasonable despatch; or in case any owner or occupier fails, for twenty-eight days after the expiration of the period mentioned in his permission under this Act, to remove his building or structures, each of such persons shall be guilty of an offence against this Act, and be liable to a penalty of not less than ten thousand dollars, and not more than two thousand dollars for each day during which such default continues after the expiration of the time limited by such notice.

[39/1995 s 3.]

16   Approvals and assent to be in writing

   The approval of the Building Authority of any plans or particulars, or any sanction, or conditional assent by the Building Authority, shall be signified by writing, under the hand of the Surveyor or of any person duly authorised so to do by the Building Authority by resolution, and countersigned by the Clerk or Secretary of the Building Authority, and shall bear the date of such approval.

[15/1957 s 2; 28/1991 s 4.]

17   Register of conditional assents

   The Building Authority shall keep a register of all conditional assents given by them under this Act and shall keep the same open to inspection by all persons interested at all reasonable times.

18   External walls

   The external walls of any new building, where visible from any street, shall be built according to a design or designs approved of by the Building Authority, and not otherwise.

19   Hoardings

   The builder shall erect and keep erected during the execution by him of work on any building or structure, such hoardings and shed roofs for the protection of persons using the adjacent streets or lanes as shall be prescribed by the Surveyor.

20   New buildings

   All new buildings, other than temporary buildings built in accordance with law, shall, subject to the provisions of this Act, be built in accordance with the regulations, in the First and Second Schedules, or made pursuant to the provisions of this Act.

21   Chimneys

   No chimney, other than a kitchen chimney, shall be erected except with the permission of the Building Authority and in accordance with plans approved of by the Surveyor.

22   Public buildings

   Notwithstanding anything in this Act, every public building, including the walls, roofs floors, galleries and staircases, and every structure and work constructed or done in connection with or for the purposes of the same, shall be constructed in such manner as may be approved by the Surveyor; or, in the event of disagreement, may be determined by the tribunal of appeal, and save so far as respects the rules of construction, every public building shall throughout this Act be deemed to be included in the term building, and subject to all the provisions of this Act, in the same manner as if it were a building erected for a purpose other than a public purpose.

   No public building shall be used as such, until the Surveyor, or the tribunal of appeal, shall have declared his approval of the construction thereof, and of its suitability for the purpose for which it is proposed to be used.

   After the Surveyor shall have declared his approval or shall certify that it has been constructed as directed by the tribunal of appeal, no work affecting or likely to affect the building shall be done to, in, or on the building, without the approval of the Surveyor or the tribunal of appeal.

23   Conversion of building into a public building

   Where it is proposed to convert or alter any building erected for a purpose other than a public purpose, into a public building, such conversion or alteration shall be carried into effect and the public building thereby formed, including the walls, roofs, galleries and staircases thereof, shall be constructed in such manner as may be approved by the Surveyor, or in the event of a disagreement, by the tribunal of appeal, and the provisions of this Act shall apply to such alteration or conversion, as though it were the construction of a public building.

24   Penalties

   Any person acting contrary to, or failing to comply with any of the provisions of this Act, or the regulations under section 25, shall be guilty of an offence against this Act, and in any case in which no penalty is provided for any person so offending, he shall be liable to a penalty not exceeding ten thousand dollars, and to a daily penalty not exceeding one thousand dollars, for every day during which such offence continues after conviction.

[39/1995 s 3.]

25   Regulations in First and Second Schedules

   (1) The Building Authority may, from time to time alter or amend the regulations contained in the First and Second Schedules, and may also from time to time make such further regulations, as they may deem expedient, for better carrying into effect the objects and powers of this Act, with respect to all or any of the following matters, that is to say-

   (a)   the minimum distance between buildings and the edge of the roadway;

   (b)    the minimum size of buildings intended for human habitation and of the several apartments in such buildings;

   (c)   the minimum distance between buildings (whether on the same or separate holdings) intended for human habitation;

   (d)   the minimum area of holdings on which various classes of buildings may be erected and the proportion of the area of holdings which each class of building may occupy;

   (e)   prescribing the giving by persons proposing to erect buildings to owners and occupiers of adjoining sites notice of intention to submit plans for any particular class of building, and the posting or service of such notice;

   (f)   prescribing the terms upon the manner in which owners and occupiers of adjoining or neighbouring holdings may oppose the approval of plans for any particular class of building and be heard in support of their objections;

   (g)   the plans, elevations and sections for new buildings;

{akeebasubs !jamaica law}

 

{/akeebasubs}{akeebasubs*}

   (h)   the forms of notice and other documents to be used for the purposes of this Act and other like matters of procedure;

   (i)   foundations and sites of buildings and other erections;

   (j)   the mode in which and the material with which such foundations and sites are to be made, excavated, filled up, prepared, enclosed, protected and completed for securing stability and for purposes of health;

   (k)   the thickness and the description and quality of the substance of which walls may be constructed for securing stability for the prevention of fires and for the purposes of health;

   (l)   the size, description, strength, resistance and other qualities, proportions of ingredients, methods of manufacture and treatment and erection of all materials used for the purposes of strength or stability in building;

   (m)   the materials which may be used for the panelling of wooden framed houses, and the method of securing such materials to the framework, and the material which may be used for the external covering of such framework;

   (n)   the dimensions of joists of floor, the protection of ironwork used in the construction of buildings from the action of fire;

   (o)   the description and quality of the substances of which plastering may be made;

   (p)   the mode in which and the materials with which any excavation made within a line drawn outside the externals of a building or other erection and at a uniform distance therefrom of three feet shall be filled up;

   (q)   the regulation of lamps, signs and other structures overhanging the public way;

   (r)   the methods and materials to be employed in the installation of water, gas, electric light, telephones and electric bells in buildings;

   (s)   the duties of the Surveyor in relation to any regulations made in pursuance of this section, and in relation to the regulations set forth in the First and Second Schedules:

   (t)   the deposit with the Surveyor of any plans submitted for his certificate;

   (u)   the procedure to be followed by the tribunal of appeal, including the time of notice of appeal, the fees to be paid by appellants and other parties and the enforcement of the orders of that tribunal;

   (v)   creating districts with power to make different regulations in respect of each such district;

   (w)   prescribing and/or altering the fees to be paid;

   (x)   the imposition for every offence committed against any regulation made under this Act, of a penalty not exceeding two thousand dollars, and a daily penalty not exceeding one thousand dollars for every day during which such offence continues after conviction.

[39/1995 s 3.]

   (2) The power to make regulations pursuant to this section shall be subject to the provisions of section 223 of the Kingston and St. Andrew Corporation Act.

[39/1995 s 3.]

   (3) [Deleted by Act 39 of 1995 s 3.]

26   Transfer of powers of Building Authority

   It shall be lawful for the Minister, by order, to transfer all the rights, powers, duties, immunities and discretions by this Act conferred on the Building Authority from the Council of the Kingston and St. Andrew Corporation to any other body and to constitute such other body the Building Authority for the purposes of this Act; and similarly, from time to time to re-transfer such rights, powers and duties from such substituted body to the Council of the Kingston and St. Andrew Corporation or any other body.

[28/1991 s 5(a) and (b).]

Repealed by Act 28 of 1991.]

The Surveyor

27   Buildings to be under supervision of Surveyor

   With the exemptions hereinbefore mentioned, every building, and every work done to, in or upon, any building, shall be subject to the supervision of the Surveyor.

28   Surveyor may appoint deputy with consent

   If the Surveyor is prevented by illness, infirmity, or any other unavoidable circumstance, from attending to the duties of his once, he may, with the consent of the Corporation, appoint some person as his deputy, to perform all his duties for such time as he may be prevented from executing them.

[28/1991 s 7.]

29   Appointment of District Surveyors or assistant to Surveyor

   If at any time it appears to the Corporation that, on account of the pressure of business or on any other account, the Surveyor cannot discharge his duties promptly and efficiently for the whole city, then the Corporation may divide the city into two or more districts, and appoint and assign District Surveyors thereto to assist the Surveyor in such districts in the performance of his duties or may appoint some other person or persons to give such assistance to the Surveyor.

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