CHAPTER 295 - PUBLIC HEALTH ACT: SUBSIDIARY LEGISLATION

INDEX TO SUBSIDIARY LEGISLATION

Public Health (Notifiable Infectious and Formidable Epidemic Disease) (Declaration) Order, 2003

Central Board of Health Regulations

Notifiable Diseases

Public Health (Infectious Diseases - Yellow Fever) Regulations

Control of Air and other Traffic Within or Entering Zambia from Certain Places Notice

Application of Section 74 of the Act

Public Health (Drainage and Latrine) Regulations

Public Health (Drainage and Latrine) Regulations - Application

Public Health (Tea Rooms, Restaurants, Boarding-Houses and Hotels) Regulations

Public Health (Tea Rooms, Restaurants, Boarding-Houses and Hotels) Regulations - Application

Public Health (Building) Regulations

Public Health (Building) Regulations - Application

Public Health (Control of Habitation in Factories, Workshops and Trade Premises) Regulations

Public Health (Control of Habitation in Factories, Workshops and Trade Premises) Regulations - Application

Public Health (Abattoir And Transport of Meat) Regulations

Public Health (Abattoir And Transport of Meat) Regulations - Application

Public Health (Livingstone Abattoir) (Slaughter of Western Province Cattle) Regulations

Public Health (Meat, Abattoir and Butcheries) Regulations

Public Health (Meat, Abattoir and Butcheries) Regulations - Application

Public Health (Crematoria and Cremation) Regulations

Prohibition of Growing of Certain Crops (Pemba Township) Order

Public Health (Notifiable Infectious And Formidable Epidemic Disease)(Declaration) Notice, 2014

PUBLIC HEALTH (NOTIFIABLE INFECTIOUS AND FORMIDABLE EPIDEMIC DISEASE) (DECLARATION) ORDER, 2003

[Sections 9 and 29]

SI 82 of 2003.

SCHEDULE

Severe Acute Respiratory Syndrome (SARS)

CENTRAL BOARD OF HEALTH REGULATIONS

[Section 3]

[RETAINED AS PER SECTION 15 OF THE INTERPRETATION AND GENERAL PROVISIONS ACT]

Arrangements of Regulations

   Regulation

   1.   Title

   2.   Interpretation

   3.   Functions of the Board

   4.   Number of meetings

   5.   Convening of meetings

   6.   Quorum

   7.   Decision of questions by a majority

   8.   Minutes of proceedings to be kept

   9.   Allowances payable to members

   10.   Vacating of membership

Act 51 of 1963,

GN 27 of 1931,

GN 128 of 1939,

GN 7 of 1950,

GN 178 of 1954,

GN 291 of 1964,

GN 497 of 1964.

[Regulations by the President]

1.   Title

These Regulations may be cited as the Central Board of Health Regulations.

[As amended by Act No. 128 of 1939]

2.   Interpretation

In these Regulations, unless the context otherwise requires—

"chairman" means the chairman of the Board;

"member" means a member of the Board;

"secretary" means the secretary of the Board.

3.   Functions of the Board

The functions of the Board shall be to advise the Minister on all matters affecting the public health.

[As amended by Act 291 of 1964.]

4.   Number of meetings

The Board shall meet for the despatch of business as often as may be necessary, but not less than once in every six months.

[Am by Act 7 of 1950.]

5.   Convening of meetings

The chairman may at any time call a meeting of the Board and shall, on the request in writing of not less than four members, call a special meeting of the Board to be held within fourteen days of the presentation of such request. Every meeting shall be convened by notice signed by the secretary and circulated by him among all the members.

6.   Quorum

No business except that of adjournment shall be transacted unless there shall be present at least three members, of whom the Director of Medical Services shall be one.

[No. 128 of 1939 as amended by Acts No. 178 of 1954 and No. 51 of 1963]

7.   Decision of questions by a majority

All questions brought forward for consideration by the Board shall be decided by a majority of votes, and the chairman shall have an original vote in common with other members, and also a casting vote if upon any question the votes shall be equal.

8.   Minutes of proceedings to be kept

Minutes shall be regularly kept by the secretary of all the proceedings of the Board, and at each meeting the minutes of the last preceding meeting shall be confirmed or amended, as the case may require, and signed by the chairman or deputy chairman before proceeding to the despatch of any other business.

9.   Allowances payable to members

An allowance in accordance with Government rates as laid down from time to time shall be payable to every member who is not a public officer for every day spent away from his place of business in the transaction of the business of the Board.

[Am by Act 51 of 1963.]

10.   Vacating of membership

Any member appointed to the Board by the President may vacate his membership by notice in writing to the President.

NOTIFIABLE DISEASES

[Section 9 (2)]

[RETAINED AS PER SECTION 15 OF THE INTERPRETATION AND GENERAL PROVISIONS ACT]

GN 85 of 1944,

GN 96 of 1961.

The following are hereby declared to be notifiable diseases under the Act:

acute encephalomyelitis, acute polioencephalitis, acute bulbar polioencephalitis, acute bulbar paralysis, encephalitis lethargica and Landry's paralysis (or acute ascending paralysis).

It is hereby declared that—

      (a)   malaria shall be a notifiable disease under the Act;

      (b)   only the provisions of paragraphs (c), (d) and (e) of subsections (1) and of subsection (2) of section 10 and of sections 13 and 14 of the Act shall apply to such notifiable disease;

      (c)   the provisions of the Act, as regards the notification of malaria, shall be restricted to the City of Lusaka and the City of Ndola.

PUBLIC HEALTH (INFECTIOUS DISEASES) REGULATIONS

[Sections 12, 28, 103 and 114]

[RETAINED AS PER SECTION 15 OF THE INTERPRETATION AND GENERAL PROVISIONS ACT]

[Re-denominate the currency as stipulated under S 4 of Re-denomination Act, 8 of 2012, read with Bank of Zambia Act, 43 of 1996.]

Arrangement of Regulations

   Regulation

   1.   Title

   2.   Responsibility for notification of infectious diseases

   3.   Responsibility of chief or headman

   4.   Schools

   5.   Private practitioner's certificate

   6.   Penalty for failure to give notice

   7.   Register to be kept

   8.   Inspection of register

   9.   Returns by Registrars of Births and Deaths

   10.   Returns to Director of Medical

   11.   Powers for the control of infectious disease

   12.   Powers of search

   13.   Duty of police and Local Authority

   14.   Infected area

   15.   Medical inspection of travellers

   16.   Disinfection of clothing

   17.   Persons resident in infected areas

   18.   Conditions precedent to departure from an infected area

   19.   Period of observation

   20.   Closing of premises

   21.   Removal of property from infected premises

   22.   Disposal of bodies

   23.   Infected clothing, etc.

   24.   Police to assist Medical Officer of Health

   25.   Assistance by police and Local Authority

   26.   Duty to notify mortality among rodents

   27.   Chiefs and headmen to report

   28.   Instructions to be given

   29.   Control of public meetings, etc.

   30.   Destruction of rats and mice

   31.   Penalty

   32.   Power of Local Authority or Medical Officer of Health to take measures for destruction of rats and mice

   33.   Powers of entry

   34.   Instructions by Medical Officer of Health to be obeyed

   35.   Rat-proof buildings

   36.   Disinfection of bodies of dead rats

   37.   Disposal of refuse and sewage

   38.   Erection of temporary dwellings by rural councils

   39.   Disease in animals communicable to man

   40.   Notification of infectious disease in amimals

   41.   Rabies

   42.   Carriers

   43.   Malaria and mosquito prevention

   44.   Particulars of notice

   45.   Power of Local Authority to carry out remedial measures

   46.   Penalties

   47.   Roof gutters

   48.   Hotesl, etc., to supply mosquito nets

   49.   Manure and garbage

   50.   Food protection

   51.   Inspection of vaccine, etc.

   52.   Importation of cultures without permission prohibited

   53.   Use of cultures without permission prohibited

   54.   Precautions to be observed in keeping cultures

   55.   Powers of Director of Medical Services and other officers

   56.   Director of Veterinary Services may authorise importation of vaccines, etc., for veterinary purposes

   57.   Cleansing of verminous persons

   58.   Importation and disinfection of used clothing

   59.   Exclusion from school on account of infectious disease

   60.   Application of regulation 59 to day nurseries

      FIRST SCHEDULE

      SECOND SCHEDULE

Act 51 of 1963,

Act 13 of 1994,

GN 143 of 1931,

GN 198 of 1933,

GN 12 of 1937,

GN 281 of 1941,

GN 229 of 1943,

GN 198 of 1948,

GN 179 of 1951,

GN 176 of 1954,

GN 59 of 1957,

GN 178 of 1957,

GN 291 of 1964,

GN 497 of 1964,

GN 500 of 1964,

GN 135 of 1961,

GN 262 of 1961,

SI 154 of 1968.

[Regulations by the Minister]

1.   Title

These Regulations may be cited as the Public Health (Infectious Disease) Regulations.

2.   Responsibility for notification of infectious diseases

Every owner or occupier of land, manager of a mine and employer of labour, on becoming aware that any person residing on his premises or in his employ is suffering from any notifiable infectious disease, shall immediately give notice thereof to a Medical Officer of Health or, in a district for which no such officer has been appointed, to the Local Authority.

3.   Responsibility of chief or headman

The chief or headman of any village shall forthwith, on becoming aware or having reason to suspect that any person residing in that village is suffering from any notifiable infectious disease, give notice thereof to a Medical Officer of Health or, in a district for which no such officer has been appointed, to the Local Authority.

4.   Schools

   (1) Every person in charge of a school, orphanage or other similar institution shall immediately report to a Medical Officer of Health or, in a district for which no such officer has been appointed, to the Local Authority the occurrence in such institution of any case of any notifiable infectious disease or of German measles, infective parotitis or mumps, venereal disease, acute conjunctivitis, acute or granular ophthalmia or any disease of the skin or scalp which appears to be infectious or communicable.

   (2) Such reports shall be in writing and shall state, as regards each case, the name, age, sex, nationality and home address of the patient, the nature of the disease, the date of the onset of illness, and any available information as to the probable place and source of infection.

5.   Private practitioner's certificate

Every medical practitioner attending on or called in to visit any patient shall forthwith, on becoming aware or having reason to suspect that the patient is suffering from any notifiable infectious disease, send to a Medical Officer of Health or, in a district for which no such officer has been appointed, to the Local Authority a certificate in Form 1 in the First Schedule, or in such other form as may from time to time be substituted thereof by the Director of Medical Services, stating the name of the patient, the situation of the building and the disease from which, in the opinion of such medical practitioner, the patient is suffering.

[Am by Acts 176 of 1954 and 51 of 1963.]

6.   Penalty for failure to give notice

Every person required by these Regulations to give notice or to give a certificate who fails to give the same shall be liable on conviction to a fine not exceeding one hundred and twenty penalty units.

[Am by Act 13 of 1994.]

7.   Register to be kept

Every Medical Officer of Health and, where no such officer has been appointed, every Local Authority shall keep a register of the notifications of cases of notifiable infectious disease received, and showing, in respect of each case, the name, age, sex, nationality and address of the patient, the nature of the disease, the date of the onset of illness, where employed or what school attended, probable place and source of infection, name of the medical practitioner notifying and action taken by the responsible authority.

8.   Inspection of register

Every register under the last preceding regulation shall be available for inspection by the Director or Deputy Director of Medical Services or any officer authorised thereto by them.

[Am by Acts 176 of 1954 and 51 of 1963.]

9.   Returns by Registrars of Births and Deaths

Every Registrar of Births and Deaths shall–

      (a)   furnish forthwith to a Medical Officer of Health or, where no such officer has been appointed, to the Local Authority particulars of every death from notifiable infectious disease registered with him;

      (b)   furnish on every Monday to a Medical Officer of Health or, where no such officer has been appointed, to the Local Authority particulars of every birth and death registered with him during the week ending the previous Saturday.

10.   Returns to Director of Medical Services

Every Medical Officer of Health or, where no such officer has been appointed, the Local Authority shall transmit to the Director of Medical Services on Monday of each week a return in Form 2 in the First Schedule of the notifiable diseases occurring in his or its district for the preceding week, and shall at the same time forward any information he or it may possess as to the outbreak or prevalence of any infectious disease in such district. Where no notifiable infectious diseases have occurred, a "nil" return shall be similarly transmitted.

[Am by Acts 179 of 1951;176 of 1954 and 51 of 1963.]

11.   Powers for the control of infectious disease

When any case of infectious or suspected infectious disease is notified to a Medical Officer of Health, he may immediately visit and inspect, or appoint some fit and proper person to visit and inspect, the individual alleged to be suffering from the infectious disease, and if, as a result of such visit and inspection, the Medical Officer of Health has reason to believe that such individual may be suffering from an infectious disease, he may order such individual and all individuals who have been in contact with the case to remain on the premises where the case was at the time of infection, or he may cause them to be removed to an Infectious Disease Hospital, or other suitable place provided for the reception of cases suffering from infectious disease or for the segregation of contacts.

[Am by GN 262 of 1961.]

12.   Powers of search

A Medical Officer of Health or any Health Inspector or other person acting on the written instructions of a Medical Officer of Health may enter any premises to search for any case of infectious disease, or to inquire whether there is or has been on such premises any case of infectious disease. If a Health Inspector or other person as aforesaid shall find any case or suspected case of infectious disease, he shall report the same to the Medical Officer of Health.

13.   Duty of police and Local Authority

The officer in charge of the police in any place and every Local Authority shall afford every assistance to a Medical Officer of Health in effecting the isolation of infected cases, suspects or contacts.

14.   Infected area

   (1) Whenever an infectious disease shall have broken out in any place and it is deemed necessary for preventing the spread of or eradicating such infectious disease, the Minister may, by statutory notice, declare such place or any portion thereof to be an infected area, and may in like manner order the evacuation of the whole or any part of such infected area.

   (2) It shall not be lawful for any person to reside or carry on business within any infected area or portion thereof which is comprised in an order for evacuation, or to enter or be therein, except when passing along a thoroughfare allowed to remain open to the public, without an order in writing to that effect signed by a Medical Officer of Health and upon such conditions as such Medical Officer of Health may in such order direct.

[Am by Act 291 of 1964.]

15.   Medical inspection of travellers

   (1) Every person travelling by land, water or air from a declared infected area may, if it be considered necessary by a Medical Officer of Health, be subjected to medical inspection or examination by him or by anyone authorised in writing by him prior to being permitted to proceed on his journey.

   (2) A person who refuses to submit to medical examination shall not leave the infected area.

   (3) Any persons discovered with suspicious symptoms shall be detained and dealt with as a Medical Officer of Health may direct.

16.   Disinfection of clothing

The clothing and effects of any person proceeding from a declared infected area may be disinfected at the discretion of a Medical Officer of Health.

17.   Persons resident in infected areas

All persons residing in a declared infected area shall undergo such medical inspection or examination as a Medical Officer of Health may direct. The Medical Officer of Health may place all or any persons in such area under observation in a place decided upon by him or under surveillance, as he may consider necessary.

18.   Conditions precedent to departure from an infected area

   (1) Every person permitted to leave a declared infected area under surveillance shall comply with the following conditions–

      (a)   he shall satisfy a Medical Officer of Health as to his name, intended destination and his place of residence thereat, and that such is conveniently situated for medical supervision;

      (b)   he shall present himself for medical supervision during the prescribed period; and he may be required by a Medical Officer of Health to deposit a sum not exceeding ten kwacha, which may be forfeited if he fails so to present himself.

   (2) If the Medical Officer of Health be not satisfied as herein required or if the person fail to comply with paragraphs (a) and (b) of sub-regulation (1), the Medical Officer of Health shall detain him under observation or direct him to proceed to a specified place and there remain under observation during the prescribed period. In the latter case, the provisions of paragraph (b) of sub-regulation (1) may, at the discretion of the Medical Officer of Health, be applied to such person.

19.   Period of observation

When any person from a declared infected area is placed under observation or surveillance, the period of observation or surveillance shall be as follows–

      (a)   when observation is resorted to, the period shall not exceed seven days in the case of plague and cholera, six days in the case of yellow fever or cerebro-spinal meningitis, and fourteen days in the case of smallpox;

      (b)   when surveillance is resorted to, the period shall be the same as that of observation; save in the case of plague, when it may be extended to a period not exceeding ten days.

In applying these measures, the period of observation or surveillance may extend from the date of removal from the infected area, but only if no subsequent case has occurred among those under observation or surveillance.

If any further case of the same disease occur, the period of observation may date from the day of the isolation of the last case;

      (c)   a Medical Officer of Health shall prescribe the periods of observation and surveillance in the event of any other infectious disease.

20.   Closing of premises

A Medical Officer of Health may close any premises whereon there has been a case or suspected case of infectious disease, until he considers the place fit for human occupation, and may also close, until he considers the same to be disinfected, any buildings, latrines, wells, dustbins, dumping grounds and any place which, by reason of the existence of infectious disease, he may deem it advisable to close.

21.   Removal of property from infected premises

No person shall remove any property from any infected premises, or from any premises whereon a suspected case of infectious disease has occurred, without the written permission of a Medical Officer of Health.

22.   Disposal of bodies

The bodies of all persons who have died from an infectious disease shall be disposed of in conformity with the directions of a Medical Officer of Health.

23.   Infected clothing, etc.

All clothing, bedding and any other articles worn or taken by the persons ordered to evacuate an infected area shall be disinfected.

24.   Police to assist Medical Officer of Health

The police shall furnish every assistance to a Medical Officer of Health in effecting the evacuation of any infected area and in the necessary measures pertaining thereto.

25.   Assistance by police and Local Authority

On the occurrence of an infectious disease in any place, a Medical Officer of Health may call on the police or Local Authority or both to assist in the establishing of a cordon round such place for the purpose of preventing all or any persons entering or leaving such place.

26.   Duty to notify mortality among rodents

Every person who becomes aware of any apparently unnatural mortality among rats or mice on any land or premises shall forthwith report the same to a Medical Officer of Health or, where no such officer has been appointed, to the Local Authority.

27.   Chiefs and headmen to report

The chief or headman of a village shall forthwith, on becoming aware or having reason to suspect that any apparently unnatural mortality is occurring among the rats or mice in that village, give notice thereof to a Medical Officer of Health or, where no such officer has been appointed, to the Local Authority.

28.   Instructions to be given

For the carrying into effect of the last two preceding regulations, a Local Authority or Administrative Officer shall, if required by a Medical Officer of Health, notify the chiefs, headmen and people residing in any town, village or district that it is their duty to report all cases of sickness or death among rats or mice and instruct them as to the officer to whom such report shall be made.

[Am by Act 500 of 1964.]

29.   Control of public meetings, etc.

   (1) When it may appear to a Medical Officer of Health that the holding of public meetings, funeral ceremonies or customs is likely to tend to the spread of any infectious disease, any police officer of or above the rank of Assistant Inspector or Local Authority shall, if requested by the Medical Officer of Health, prohibit such meetings, funeral ceremonies or customs.

   (2) Any person who is present at or takes part in any meeting, ceremony or custom which has been prohibited shall be liable to a fine of one hundred and fifty penalty units

[Am by Acts 500 of 1964 and 13 of 1994.]

30.   Destruction of rats and mice

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 such district are infested with rats or mice, and to enforce their destruction.

31.   Penalty

Any person who shall fail to take such steps or carry out such orders for the destruction of rats or mice on or in any land or premises as may from time to time be directed or given by a Local Authority or by a Medical Officer of Health shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding three hundred penalty units.

[Am by Act 13 of 1994.]

32.   Power of Local Authority or Medical Officer of Health to take measures for destruction of rats and mice

Where a Local Authority or Medical Officer of Health is of opinion that the owner or occupier of any land or premises in the district has failed to take such steps or carry out such orders as may be directed or given by any Local Authority or Medical Officer of Health, such Local Authority or Medical Officer of Health 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 and mice, and may recover any reasonable expenses so incurred from the owner or occupier as a civil debt.

33.   Powers of entry

A Medical Officer of Health, Health Inspector or any person duly authorised in writing by the Local Authority or a Medical Officer of Health may enter any land or premises for the purpose of ascertaining whether the steps required by regulation 32 are being taken, or of carrying out these Regulations in any other respect.

34.   Instructions by Medical Officer of Health to be obeyed

When any infectious disease occurs, a Medical Officer of Health may prescribe any measures which he considers necessary to ensure the destruction of rats, mice and other kinds of vermin and of mosquitoes, their larvae and pupae, fleas, bugs or any other such parasites, and all persons shall obey any instruction given by a Medical Officer of Health in this behalf.

35.   Rat-proof buildings

   (1) To prevent the spread of plague, the owner or occupier of any premises shall, if required by a Medical Officer of Health, render all roofs, partitions, floors and plinths of houses rat-proof.

   (2) No foodstuffs attractive to rats shall be kept in inhabited premises unless such foodstuffs are effectively protected against rats and mice to the satisfaction of a Medical Officer of Health.

36.   Disinfection of bodies of dead rats

On the occurrence of plague in any locality, all rats and mice caught or killed or found dead on any premises in the vicinity of that locality shall, as soon as possible, be placed by the owner or occupier in a strong solution of disinfectant, and the bodies of such rats or mice shall be subsequently removed and disposed of to the satisfaction of a Medical Officer of Health.

37.   Disposal of refuse and sewage

When an infectious disease occurs in any place, the occupiers of premises in such place shall comply with any directions given by a Medical Officer of Health with regard to the disposal of refuse and sewage.

38.   Erection of temporary dwellings by rural councils

On the occurrence of an outbreak of infectious disease, a Local Authority may, if requested by a Medical Officer of Health, require any rural council within its district to make an order for the erection of temporary dwellings, mortuaries and similar buildings, as he may deem necessary.

39.   Disease in animals communicable to man

   (1) When an animal is suffering from a contagious or infectious disease which can be transmitted to human beings, or a carcass, whether the animal has died or been slaughtered, has been found on examination to be infected with such disease, the place occupied by such animal or carcass shall be forthwith disinfected by and at the expense of the owner or occupier of such place, to the satisfaction of the Medical Officer of Health or a Veterinary Officer.

   (2) The owner of the infected animal, the owner of the place which was occupied by such animal or carcass, and the person, if any, who slaughtered the animal shall inform a Veterinary Officer on becoming aware of the presence of such disease.

40.   Notification of infectious disease in animals

Any Veterinary Officer or private veterinary practitioner, on becoming aware of the occurrence of any infectious or contagious disease in animals which can spread from animals to human beings, shall forthwith notify a Medical Officer of Health and shall at the same time inform him of what action he is taking to prevent such spread.

41.   Rabies

   (1) A Local Authority, upon production of a certificate signed by a Medical Officer of Health that any person has been bitten by any animal suffering from the disease of rabies and that such person is, in the opinion of such Medical Officer of Health, liable to develop the disease of rabies and that it is advisable that he may be subjected to treatment and/or observation, may make an order compelling such person to reside in any segregation hospital or any other place until discharged by the Medical Officer of Health in charge of that area, and such person shall be deemed to be suffering from such disease and be subject to all rules and regulations made in pursuance of the Act.

   (2) The Local Authority shall, in making any order under the provisions of sub-regulation (1), forthwith report the same to the Director of Medical Services, who shall have power to vary or rescind the same.

[Am by Acts 176 of 1954 and 51 of 1963.]

42.   Carriers

   (1) In this regulation, "carrier" means a person who, though not at the time presenting the clinical symptoms of an infectious disease, has been proved or is believed on reasonable grounds to be harbouring the infection of, and consequently liable to cause the spread of, such disease.

Inspection and treatment of carriers

   (2) Any person believed or suspected on reasonable grounds by a Medical Officer of Health to be a carrier shall afford to such officer or any person authorised by him in writing every facility for obtaining specimens of blood, excreta, discharges or other material required for examination and investigation, and shall take any medicine prescribed by such officer for that purpose.

Removal to hospital of carriers

   (3) Where it is certified by a Medical Officer of Health that any person is believed or suspected on reasonable grounds to be a carrier and that the necessary examinations and investigations cannot be properly carried out at such person's house or place of residence, an Administrative Officer may make an order requiring such person to proceed or be removed to a hospital or other suitable place for the purpose of examination and investigation and to remain or be detained therein for such reasonable period as may be required for that purpose.

Preventive measures

   (4) Every carrier shall at all times observe and give effect to all reasonably practicable instructions given to him by a Medical Officer of Health in regard to the disposal of his excreta, and cleansing of articles used by him or other precautions for preventing the spread of infection.

Notification of change of residence of carrier

   (5) Every carrier shall inform a Medical Officer of Health or, where no such officer has been appointed, the Local Authority of his intention to change his place of residence or work and of his intended new place of residence or work. Such information shall, when possible, be furnished not less than seven days before the change and, if his new place of residence or work is within the district of another Medical Officer of Health or Local Authority, the Medical Officer of Health or Local Authority of the district in which the carrier at the time resides shall inform that Medical Officer of Health or Local Authority of the facts of the case and the carrier's intention.

Powers of Administrative Officers to make orders as to carriers

   (6) Where, on the certificate of a Medical Officer of Health, it appears to an Administrative Officer that a person is a carrier, the Administrative Officer, on the application of such Medical Officer of Health and after due inquiry, may, having regard to the nature of the infection and any material assistance which the Local Authority or the Government is prepared to give to mitigate hardship to the individual or his dependants, make, and may from time to time modify, alter, extend or rescind, an order or orders requiring such person–

      (a)   to proceed or be removed to and to remain or be detained for a period to be specified in such order in a hospital or other suitable place for the purpose of medical treatment;

      (b)   to attend regularly for medical treatment or examination at times and places specified in such order;

      (c)   to proceed to and remain in a specified locality or area under medical surveillance for a period specified in such order and (if considered necessary) to attend or report himself at times and places specified in such order;

      (d)   not to handle or otherwise come in contact with food or vessels or articles containing or used to contain, or which come in contact with, food intended for consumption by others, or to engage in any occupation entailing the handling or coming in contact with such food, vessels or articles;

      (e)   to comply with such other requirements specified in such order as the Administrative Officer, on the application of such Medical Officer of Health, may deem necessary for safeguarding the public health.

Duty of parent of carrier

   (7) The parent or guardian or person in charge of a child who is, or is believed or suspected on reasonable grounds to be, a carrier shall assist in every possible manner in the carrying out of these Regulations or any order made thereunder in respect of such child.

Sympathetic enforcement of regulations

   (8) It shall be the duty of all Medical Officers of Health and Administrative Officers to ensure that these Regulations are carried out sympathetically and without more hardship to any person than is necessary and unavoidable in the public interest.

Penalty

   (9) Any person found guilty of a contravention of or failure to comply with this regulation or any order made thereunder, or of failure to assist in their enforcement, shall be liable to the penalties provided by the Act.

[Am by Acts 198 of 1933 and 500 of 1964.]

43.   Malaria and mosquito prevention

When it appears from the certificate of a Medical officer of Health that the conditions on any land or premises favour the multiplication or prevalence of mosquitoes, and that the occurrence or spread of malaria or other disease is likely to be favoured thereby, a Local Authority may and, if called on to do so by the Director of Medical Services, shall give written notice to the owner or occupier thereof requiring him to remove or improve any such condition.

[Am by Acts 281 of 1941; 176 of 1954 and 51 of 1963.]

44.   Particulars of notice

   (1) Every notice under the last preceding regulation shall specify the land or premises concerned and the measures required to be carried out.

   (2) Such notice may require the owner or occupier to clear bush or other vegetation, canalise streams, spruits or dambos, drain swamps and pools or low-lying areas, regularise or stem water furrows, repair or remove tanks or other water containers, and take measures for the destruction of mosquitoes and for preventing their multiplication to the satisfaction of a Medical Officer of Health, and may impose a time limit for the completion of the work or the carrying out of the measures therein specified.

[Am by Act 281 of 1941.]

45.   Power of Local Authority to carry out remedial measures

If any owner or occupier refuses to carry out the measures specified in any notice under these Regulations, or fails to do so within the time limit imposed, a Local Authority may and, if so instructed by the Director of Medical Services, shall, by persons duly authorised thereto, carry out such measures. The costs incurred in so doing shall be recoverable by the Local Authority from the person upon whom the notice was served.

[Am by Acts 176 of 1954 and 51 of 1963.]

46.   Penalties

Any person who fails to carry out or comply with the terms of a notice served under regulation 44 shall be liable, on conviction, to the penalties provided by the Act.

47.   Roof gutters

   (1) Any owner or occupier of any building provided with roof gutters shall so construct and maintain them as to be self-draining and capable of remaining dry between rainfalls.

   (2) Where gutters are found not to be self-draining, a Medical Officer of Health may serve a notice upon the owner of the building calling on him to remove or repair or perforate such roof gutters within a specified time. Failure to comply with the terms of the notice shall render the owner liable to a penalty of one hundred and fifty penalty units in addition to a further penalty of thirty penalty units for each day the nuisance continues.

[Am by Acts 281 of 1941 and 13 of 1994.]

48.   Hotels, etc., to supply mosquito nets

The landlord of any hotel, boarding-house, lodging-house and any building where persons are accommodated for payment shall provide and keep in good order and repair and in a state of cleanliness a mosquito net for each bed in each room used for sleeping purposes.

49.   Manure and garbage

No person shall permit any manure or garbage on his premises or land, so as to be a nuisance or dangerous to health by affording facilities for breeding by flies or other insects, and the owner or occupier of any premises or land omitting to remove or remedy the nuisance, when duly notified of its existence, shall, at the expiration of such period as may be prescribed in writing by a Medical Officer of Health, be guilty of an offence.

50.   Food protection

No person shall expose for sale any food to be eaten in the state in which it is sold, except with due care for the prevention of flies or other vermin having access to it.

51.   Inspection of vaccine, etc.

   (1) Any Medical Officer of Health, or other officer specially authorised thereto by the Director of Medical Services, may inspect, take samples of and examine or may require the furnishing for examination of samples of any vaccine, vaccine lymph, serum or similar substance imported into or manufactured in Zambia and intended or used for the prevention or treatment of human disease.

Power to prohibit importation of harmful vaccines

   (2) The Director of Medical Services may, by statutory notice, or by order on the person concerned pending the publication of such notice, prohibit the importation, manufacture, sale or use of any such vaccine, vaccine lymph, serum or similar substance which is considered to be unsafe or to be liable to be harmful or deleterious.

Particulars required to be stated on vaccine containers

   (3) In order to enable the proper carrying out of these Regulations, it shall not be lawful for any person to import, manufacture, sell or use any such vaccine, vaccine lymph, serum or similar substance unless the bottle, package or container bears or has affixed to it a label stating the name and address of the manufacturer and either the date of manufacture or the date after which the substance is not recommended for use.

[Am by Acts 176 of 1954 and 51 of 1963.]

52.   Importation of cultures without permission prohibited

No person shall import, convey or transmit into Zambia any culture or preparation of any pathogenic micro-organism or other material capable of causing disease in man without first obtaining the written permission of the Director of Medical Services therefor. Such permission may be general or special and shall be subject to such conditions or requirements as may be specified therein.

[Am by Acts 176 of 1954 and 51 of 1963.]

53.   Use of cultures without permission prohibited

No person shall keep, transmit or use any culture or preparation of any pathogenic micro-organism or other material capable of causing any disease without first obtaining the written permission of the Director of Medical Services therefor. Such permission may be general or special and shall be subject to such conditions or requirements as may be specified therein. This regulation shall not apply to diagnostic examination by medical practitioners or approved veterinary surgeons, or to the transmission from places within Zambia of specimens or material for such examination.

[Am by Act 51 of 1963.]

54.   Precautions to be observed in keeping cultures

Every person transmitting, keeping or using any culture or preparation of any pathogenic micro-organism or other material capable of causing disease in man shall be responsible for the taking at all times of effective measures to ensure the proper and safe keeping, transmission or use of such material and to prevent or guard against any accidental contamination with or dissemination of the infection.

55.   Powers of Director of Medical Services and other officers

Any Medical Officer of Health, or other officer specially authorised thereto by the Director of Medical Services, may at any time make any inspection or examination in order to ascertain whether the requirements of these Regulations or the conditions of any permit issued thereunder are being properly complied with. Where it appears to the said Director that any person has not properly complied with any such requirement or condition, the said Director may make an order prohibiting such person from importing, conveying, transmitting, keeping or using any culture or preparation of any pathogenic micro-organism or other material capable of causing disease in man, and for the seizure or destruction by a Government Medical Officer of any such culture, preparation or material in the possession or custody of such person.

[Am by Acts 176 of 1954 and 51 of 1963.]

56.   Director of Veterinary Services may authorise importation of vaccines, etc., for veterinary purposes

Nothing in regulations 51 to 55 inclusive shall prevent the Director of Veterinary Services from giving permission for the importation, manufacture, sale or distribution of sera, vaccines, lymph or similar substances or for the importation, conveyance or transmission of any pathogenic micro-organisms or other material, whether for diagnostic, experimental, prophylactic or other use, for veterinary purposes only.

57.   Cleansing of verminous persons

Where a cleansing station is provided within the district of a Local Authority or within a reasonable distance therefrom, any person within that district certified by a Medical Officer of Health, School Medical Inspector or other medical practitioner or by a Health Inspector to be dirty or verminous may, on the order of a Medical Officer of Health, be removed, together with his clothing and bedding, to such cleansing station and be cleansed therein.

*58.   Importation and disinfection of used clothing

   (1) Every consignment (exclusive of the personal effects of travellers) of bedding, blankets, body linen or other articles of clothing which have been in use, or any rags, or flock made of rags, or any used sacks, carpets, or canvas or any similar article which has been in use, which is brought into any place in Zambia shall be declared as second-hand by the importer to the Customs, and a certified statement submitted by him showing the place of origin and precise composition of the consignment.

*Note – This regulation has been suspended by G.N. No. 229 of 1943 in so far as it relates to seconds-hand clothing.

Certificate of disinfection

   (2) Every such consignment or any portion thereof intended for sale or disposal in Zambia shall be accompanied by a sufficient certificate furnished by a recognised Public Authority at the port of shipment or place of origin of the package to the effect that the articles mentioned therein are clean and have been sufficiently disinfected to the satisfaction of such Authority, and stating in detail the method of disinfection and the apparatus used, together with a certificate or other satisfactory evidence that, since the issue of the certificate of disinfection, the package has not been opened nor its contents in any way added to or tampered with. Every such consignment, whether accompanied by the above-mentioned certificates or not, shall be detained by the Customs pending its inspection or examination or authorisation for importation by a Medical Officer of Health or by any person authorised by him to carry out such inspection or examination. For the purposes of carrying out such inspection or examination, the Medical Officer of Health or person authorised by him may open any such consignment or require the opening of such consignment by the consignee or owner thereof.

   (3) For the purposes of this regulation, "sufficiently disinfected" means disinfected by steam under pressure in a suitable apparatus, or other process which can be relied upon to destroy any infection or any vermin. Fumigation with hydrocyanic acid gas shall not be accepted unless some reliable germicidal process has also been carried out.

Re-disinfection on importation

   (4) Failing the production of satisfactory certificates as mentioned in sub-regulation (2), or if, despite the production of such certificates, the articles are found to be dirty or uncleansed, the whole of such consignment shall be disinfected to the satisfaction of the Medical Officer of Health and at the sole expense, risk and delay of the consignee.

*Note – This regulation has been suspended by G.N. No. 229 of 1943 in so far as it relates to second-hand clothing.

Destruction of consignment if disinfection impracticable

   (5) Where a consignment or any part thereof is of such a nature that it cannot, in the opinion of a Medical Officer of Health, be satisfactorily disinfected, or where there are not available satisfactory means of disinfection, the Medical Officer of Health may destroy or order the destruction of the whole or any part of such consignment:

Provided that–

      (i)   the Medical Officer of Health shall not destroy or order the destruction of any part of the consignment where the goods to be destroyed are of a greater value than twenty kwacha without the previous sanction in writing of the Director of Medical Services;

      (ii)   where the destruction of goods to a greater value than twenty kwacha may be required, such destruction shall not be carried out if the owner or consignee shall undertake to re-export and shall so re-export the said goods within a period of four weeks from the date of the order for destruction.

Recognised Authorities

   (6) The recognised Authority for granting the certificate of disinfection mentioned in sub-regulation (2) shall be–

      (a)   the Port Health or Sanitary Authority of any British port at which the consignment has been shipped; or

      (b)   the Local Health or Sanitary Authority for any area in the British Islands or British Colonies at which the goods have been packed; or

      (c)   the Port Health or Sanitary Authority, or the Municipality or other Local Health Authority, at any foreign port, or at any place abroad at which the goods have been packed if the certificate thereof has been verified and countersigned by a British Consul.

Charges for disinfection

   (7) All charges for any disinfection carried out by the Government or any Local Authority under these Regulations shall be paid by the owner or consignee or his agent, who shall also be responsible for any transport, unpacking, repacking or rebaling which may be required with regard to articles to be disinfected, inspected or examined.

[Am by Acts 176 of 1954 and 51 of 1963.]

59.   Exclusion from school on account of infectious disease

   (1) In this regulation and in the Second Schedule–

"principal", in relation to any school, means the person in charge of such school, and includes the person in charge of any department of a school where there is no person in charge of the whole school;

"pupil" means any person attending at a school for the purpose of receiving instruction thereat;

"scheduled disease" means any disease or condition mentioned in column 1 of the Second Schedule;

"school" means–

      (a)   any public or private establishment at which pupils receive secular instruction;

      (b)   any hostel or boarding-house kept for housing pupils at any such establishment; and

      (c)   any Sunday school.

   (2) The provisions of the Second Schedule shall apply to all pupils attending any school and all teachers at any school.

   (3) The principal of every school shall–

      (a)   immediately notify to a Medical Officer of Health or, where no such officer has been appointed, to the Local Authority every case which occurs in such school of notifiable infectious disease, venereal disease, acute ophthalmia, acute conjunctivitis, granular conjunctivitis, German measles, mumps, or any disease of skin or scalp which appears to be infectious;

      (b)   exclude from the school pupils or teachers suffering from, or who have been exposed to the infection of, any scheduled disease for the periods specified in, and in accordance with the provisions of, the Second Schedule;

      (c)   where a pupil who has been absent from school owing to his suffering from, or having been exposed to the infection of, a disease mentioned in paragraph (a) returns to school without a medical certificate of recovery and freedom from infection, satisfy himself by personal investigation that the pupil appears to be well and is clean in person and clothing or that, where the case has been treated by a medical practitioner, a medical certificate has been furnished in every such case;

      (d)   where there is any doubt as to whether a person is an immune contact or a susceptible contact as defined in the Second Schedule, regard and deal with such person as a susceptible contact.

   (4) Where any pupil has developed any disease mentioned in the Second Schedule, the parent or guardian of such pupil shall–

      (a)   promptly, on such fact coming to his knowledge, notify the same to the principal of the school ordinarily attended by such pupil;

      (b)   where so required by the Second Schedule and until the measures or precautions therein specified have been carried out or complied with, discontinue the attendance at school of the sick pupil or other pupils who may have been exposed to infection (contacts) for the periods specified in, and in accordance with the provisions of, the Second Schedule;

      (c)   exercise due care to prevent such pupil from conveying the infection to others, either at home or elsewhere, and to keep children living in the same or any other house away from contact with the infected pupil;

      (d)   after the termination of every case of scarlet fever or scarlatina, diphtheria or membranous croup, smallpox or enteric fever, and where the Local Authority has not carried out disinfection of the infected premises, bedding and clothing, wash all washable articles, freely expose to sunlight and fresh air all other clothing or bedding and thoroughly scrub the floor of the room and all woodwork and furniture with soap and water and thereafter keep the doors and windows open for at least three hours.

   (5) In the case of school boarding establishments–

      (a)   the person in charge of the establishment shall comply with the provisions of, and shall carry out the duties imposed on, parents or guardians of pupils by sub-regulation (4);

      (b)   where a pupil is found to be suffering from a disease mentioned in the Second Schedule, the provisions of the said Schedule in respect of "contacts" shall, subject to the discretion of a Medical Officer of Health, apply only to those pupils who have been occupying the same bedroom or dormitory as the patient.

   (6) Where a case of notifiable infectious disease in a pupil is notified to a Local Authority or otherwise comes to the notice of a Medical Officer of Health, that officer shall immediately notify the facts to the principal of the school concerned, and such principal, if so requested by the Medical Officer of Health, shall furnish to him without delay a complete list of the pupils attending thereat together with their names and addresses.

   (7) A Medical Officer of Health may, by written notice to the parent or guardian of a pupil and to the principal of the school concerned–

      (a)   reduce the period of exclusion from school of an infected pupil or of a contact, where he is satisfied, after bacteriological examination or the adoption of special measures, that this will not entail risk of spread of the disease;

      (b)   increase the period of exclusion, where he has reasonable grounds for believing, on bacteriological or other evidence, that any pupil or person is a "carrier" of the infection-in a virulent form- of diphtheria, scarlet fever, epidemic cerebro-spinal meningitis, acute anterior poliomyelitis or enteric fever, and capable of conveying such disease to others.

   (8) Any person failing to comply with any provision or carry out any requirements of this regulation shall be liable on conviction to a fine not exceeding one hundred and fifty penalty units.

[Am by 178 of 1957 and Act 13 of 1994.]

60.   Application of regulation 59 to day nurseries

(1) In this regulation–

"child" means a child who is received to be looked after for reward at a day nursery;

"day nursery" means a day nursery registered under the Day Nurseries Act;

"employee" means a person regularly engaged or employed at a day nursery in the care of a child.

   (2) The provisions of regulation 59 and the Second Schedule shall apply mutatis mutandis to every child and every employee and for that purpose any reference therein to–

      (a)   a pupil, shall be construed as a reference to a child;

      (b)   a school, shall be construed as a reference to a day nursery;

      (c) a teacher, shall be construed as a reference to an employee.

[Am by GN 135 of 1961.]

FIRST SCHEDULE

[Regulation 5]

PRESCRIBED FORMS

FORM 1

THE PUBLIC HEALTH (INFECTIOUS DISEASES) REGULATIONS

Certificate of Medical Practitioner

NOTIFICATION OF INFECTIOUS DISEASE

To the Local Authority of the District

I hereby notify you that in my opinion the undermentioned:

*is suffering from (a ....................................... *has died on....................................................from (a)

Full name ..................................................................

Age .................................... Sex ..................................... Nationality ...............................

Address (b) ..........................................................................................................................

Date of onset of illness ......................................................................................................

Where employed or what school attended .......................................................................

Probable place and source of infection ...............................................................................

Probable date of infection ..................................................................................................

What facilities (if any) for isolating patient at home ...........................................................

Whether notified in private or official capacity .....................................................................

Action recommended ....................................... Date ..................................... 20......

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

Medical Practitioner

*Strike out words inapplicable.

(a) Insert name of disease.

(b)   Give full address where patient sickened.

Note. – A separate form should be filled in for each case.

FORM 2

[Regulation 10]

THE PUBLIC HEALTH (INFECTIOUS DISEASES) REGULATIONS

No. .........................................................20....

REPORT OF NOTIFIABLE INFECTIOUS DISEASES

for the week ended.............................. 20.......

Place

Disease

No. of cases previously reported

No. of cases reported during week

Deaths during week

Total deaths

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

Medical Officer

[Am by 179 of 1951]

SECOND SCHEDULE

[Regulations 59 and 60]

EXCLUSION FROM SCHOOL ON ACCOUNT OF INFECTIOUS DISEASE

In this Schedule–

"patient" means a person suffering from the infectious disease referred to in the context;

"contact" means a person who has been exposed to the infection of the disease referred to in the context, from having been in contact or associated with or living in the same house with a person suffering from the disease. In the case of a boarding-house or hostel or other large establishment, the Medical Officer of Health or, if there be no Medical Officer of Health, the practitioner in attendance shall decide whether all persons living therein are to be dealt with as contacts or, if not, what persons are to be exempted from restrictions;

"immune contact" means a contact who has previously had the disease and, although capable of "carrying" the infection to others, is presumably not liable to a second attack;

"susceptible contact" means a contact who has not previously had the disease and is consequently liable to contact it;

"removal from infection" means, as the case may be–

      (a)   removal of the patient from, and disinfection or thorough cleansing of, the infected dwelling, bedding, clothing and articles; or

      (b)   removal of the contact from the infected dwelling, with bathing of his body and disinfection or cleansing of his clothing; or

      (c)   where both patient and contact remain in the infected dwelling, the complete recovery of the patient and disinfection or thorough cleansing of the infected dwelling, bedding, clothing and articles, with bathing of the bodies of both patient and contact.

Disease

Patient may return to school

Contacts may return to school

Scarlet fever or scarlatina

After complete recovery and no sore throat, no discharge from ears or nose, and no recently enlarged glands or sores. Minimum exclusion, ten days from onset.

Eight days after disinfection and removal from infection, except where patient and contacts remain in the same dwelling, in which case contacts may return to school at the same time as the last case in the dwelling.

Diphtheria.

After complete recovery and no discharge from throat, eyes, ears or nose. Minimum exclusion, four weeks from onset

Immune contacts, after swabs of throat and nose are examined and reported negative for C. diphtheriae. Susceptible contacts, ten days after disinfection and removal from infec-tion, remain in the same dwelling, in which case contacts may return to school at the same time as the last case in the dwelling.

Measles

Ten days after first appearance of rash. Where a case of measles has occurred in a class the Medical Officer of Health may, at his discretion, close the class on or about the ninth day after the sickening of the first child for a period of seven days,or may exclude susceptilble children in the class for a similar period.

Twenty-one days after last exposure to infection or at once if pupil , has previously suffered from measles.

German measles (Rubella)

Seven days after first appearance of rash. Where a case of German measles has occurred in a class, the Medical Officer of may, at his discretion, close the class on or about the ninth day after the sickening of the first child for a period of seven days, or may exclude susceptible children from class for a similar period.

No exclusion, but fact of exposure to infection to be reported by parent or guardian to the principal.

Whooping cough

Four weeks after comencement of spasmodic cough.

Immune contacts: at once if they are kept apart from patient. Susceptible contacts: three weeks after disinfection and removal from infection.

Chickenpox

After complete disappearance of scabs. Minimum exclusion, fourteen days from onset.

As for German measles.

Smallpox

After complete disappearance of scabs. Minimum exclusion, four weeks.

Contacts who have had smallpox or have been successfully vaccinated at least ten days and not more than two years previously: at once, after disinfection and removal from infection. Other contacts: sixteen days after dis-infection and removal from infection.

Influenza; sore throat

After complete recovery.

No exclusion.

Enteric or typhoid fever

Minimum exclusion, three weeks.

After complete recovery. Twenty-one days after last exposure to infection.

Paratyphoid; dysentery but report

Minimum exclusion, three weeks.

After complete recovery. No exclusion, but report as for German measles.

Typhus

After complete recovery. Minimum exclusion, four weeks.

Immune contacts: at once after disinfection, delousing and removal from infection. Susceptible contacts: fourteen days after disinfection and removal from infection.

NOTE-Contacts must be thoroughly clean and free from lice and nits.

Mumps

Seven days after disappearance of swelling.

As for German measles.

Tuberculosis of lungs; leprosy; syphilis

On production of a medical certificate of recovery and freedom from infection.

No exclusion.

Tuberculosis, other forms

No exclusion, unless with discharging sores.

No exclusion

Acute poliomyelitis

On production of a medical certificate of recovery and freedom from infection. Minimum exclusion, four weeks.

Twenty-one days after last exposure.

Epidemic cerebrospinal meningitis

On production of a medical certificate of recovery and freedom from infection. Minimum exclusion, four weeks.

Fourteen days after last exposure.

Erysipelas

After complete recovery.

As for German measles.

Ophthalmia (acute inflammation of the eys or acute conjunctivitis

After complete recovery

As for German measles. with eyes no longer red or discharging.

Trachoma (chronic granular eyelids).

On production of a medical certificate of recovery and freedom from infection.

As for German measles.

Scabies or itch

After complete disappearance of rash, spots and itching.

As for German measles.

Ringworm of scalp

After affected spots have become smooth and shiny and no broken off hairs (stumps of hairs) can be seen on careful examination, preferably with a lens.

As for German measles.

Ringworm of body

After complete recovery and when no "rings" or spots with raised, rough edges can be seen.

As for German measles.

Favus or yellow ringworm: measles. or white ringworm (witkop) of the scalp.

After complete recovery.

As for German measles.

Contagious impetigo

After complete recovery.

As for German measles.

Lice (pediculosis)

After complete cleansing and freeing of head, body and clothing from lice and nits.

As for German measles.

Vulvo vaginitis

On production of a medical certificate of recovery and freedom from infection, following three negative swabs.

As for German measles.

[Am by No. 178 of 1957 as No. 154 of 1968.]

PUBLIC HEALTH (INFECTIOUS DISEASES - YELLOW FEVER) REGULATIONS

[Sections 12, 28 and 114]

[RETAINED AS PER SECTION 15 OF THE INTERPRETATION AND GENERAL PROVISIONS ACT]

Arrangements of Regulations

   Regulation

   1.   Title

   2.   Interpretation

   3.   Specimen of blood to be sent to Yellow Fever Research Institute in cases of febrile disease without obvious diagnosis

   4.   Viscerotomy or autopsy to be performed in cases where death suspected from yellow fever

   5.   Offence

      SCHEDULE

Act 51 of 1963,

GN 4 of 1944,

GN 168 of 1954.

[Regulations by the Minister]

1.   Title

These Regulations may be cited as the Public Health (Infectious Diseases - Yellow Fever) Regulations.

2.   Interpretation

In these Regulations, "viscerotomy" means the puncturing of a corpse for the purpose of extracting a section of an organ for examination.

3.   Specimen of blood to be sent to Yellow Fever Research Institute in cases of febrile disease without obvious diagnosis

   (1) Whenever it shall come to the notice of a medical practitioner that a person is suffering from a febrile disease without obvious diagnosis, such medical practitioner (or, if the patient shall withhold his consent, a Medical Officer of Health) shall take a specimen of blood from the patient not later than the seventh day of the illness and post it by air mail to the Director of the Yellow Fever Research Institute, Entebbe, Uganda, together with a brief description of the symptoms of the case; the medical practitioner shall send a copy of this description to the Director of Medical Services. A second specimen of blood shall be similarly taken from the patient on the fourteenth day after the commencement of the illness and the medical practitioner shall post it to the Director of the Yellow Fever Research Institute, Entebbe, Uganda.

Viscerotomy or autopsy to be performed in case of death

   (2) In the event of the patient dying, a viscerotomy or an autopsy shall be performed on the body by the medical practitioner or such other person as the Medical Officer of Health may authorise in writing.

Specimen of liver to be sent to Yellow Fever Research Institute

   (3) The person who performed the viscerotomy or autopsy shall send a specimen of the liver, packed in a solution of 10 per centum formalin in physiological saline, by air mail to the Director of the Yellow Fever Research Institute, Entebbe, Uganda, together with a completed specimen form as set out in the Schedule. A copy of the completed specimen form shall be sent to the Director of Medical Services.

[As amended by Acts 168 of 1954 and 51 of 1963]

4.   Viscerotomy or autopsy to be performed in cases where death suspected from yellow fever

   (1) If it should come to the notice of a medical practitioner that a person has died of yellow fever, or of a condition resembling yellow fever, such practitioner shall perform a viscerotomy or an autopsy on the corpse and dispose of the specimen of the liver in the manner set out in sub-regulation (3) of regulation 3.

   (2) A viscerotomy or an autopsy may be performed on any corpse if a Medical Officer of Health shall so require on the grounds that there is a reasonable suspicion that death was due to yellow fever, and such viscerotomy or autopsy may be performed by a Medical Officer of Health or by a Health Inspector or by any person authorised in writing by a Medical Officer of Health.

5.   Offence

Where a person is suffering from a febrile disease in the circumstances described in sub-regulation (1) of regulation 3, or where a person has died in the circumstances described in regulation 3 or 4, no person shall obstruct in any way a Medical Officer of Health or a Health Inspector or a person authorised by a Medical Officer of Health in writing in obtaining any specimen of blood or performing any viscerotomy or autopsy.

SCHEDULE

[Regulation 3 (3)]

SPECIMEN FORM

VISCEROTOMY SPECIMEN FOR PATHOLOGICAL EXAMINATION

Specimen No. ..................................................

Name ...............................................................

Tribe ................................................................

Village ...............................................................

Chief .................................................................

Boma ................................................................

Age ..................................................................

Sex .................................................................

Locality where taken sick ..............................

Date taken sick ..............................................

Hour and date of death .......................................

Hour and date of puncture ....................................

Place where death occurred ...........................................

Name of sender .......................................................

Date of despatch ....................................................

Original to be sent to the Director of the Yellow Fever Research Institute, Entebbe, Uganda, with specimen; duplicate to be sent by post to the Director of Medical Services.

CONTROL OF AIR AND OTHER TRAFFIC WITHIN OR ENTERING ZAMBIA FROM CERTAIN PLACES NOTICE

[Sections 49 – 56]

[RETAINED AS PER SECTION 15 OF THE INTERPRETATION AND GENERAL PROVISIONS ACT]

Arrangement of Paragraphs

   Paragraph

   1.   Title

   2.   Interpretation

   3.   Application

   4.   Aircraft, crew and passengers subject to inspection by sanitary authority

   5.   Pilot to furnish information to sanitary authority

   6.   Passengers to furnish information to sanitary authority

   7.   Powers of sanitary authority

   8.   Medical examination

   9.   Inoculation against yellow fever

   10.   Expenditure recoverable

   11.   Offences and penalties

      FIRST SCHEDULE

      SECOND SCHEDULE

      THIRD SCHEDULE

Act 13 of 1994,

GN 73 of 1943,

GN 60 of 1944,

GN 207 of 1944,

GN 250 of 1944,

GN 60 of 1946,

GN 32 of 1947,

GN 158 of 1949,

GN 293 of 1950,

GN 28 of 1951,

GN 138 of 1951,

GN 159 of 1951,

GN 273 of 1953,

GN 179 of 1954,

GN 497 of 1964,

GN 500 of 1964,

SI 163 of 1965.

[Notice by the Minister]

1.   Title

This Notice may be cited as the Control of Air and other Traffic Within or Entering Zambia from Certain Places Notice.

2.   Interpretation

In this Notice, unless the context otherwise requires—

      (a)   "sanitary authority" means the Director of Medical Services or any person authorised by him to perform the duties of sanitary authority;

      (b)   an aircraft shall be deemed to have been in contact with another aircraft if, prior to its arrival at any place in Zambia, it has been on an aerodrome while such other aircraft was on that aerodrome;

      (c)   "sanitary aerodrome" means the aerodrome situated at any place mentioned in the First Schedule;

      (d)   "recognised stopping place" means any one of the sanitary aerodromes mentioned in the Second Schedule;

      (e)   "scheduled place" means any country or part of a country within an endemic area as defined in the Third Schedule;

      (f)   "valid inoculation certificate" means a certificate which certifies—

      (i)   that the bearer has been inoculated against yellow fever for the first time more than ten days and less than six years previously; or

      (ii)   that he has been re-inoculated against yellow fever within the past six years; or

      (iii)   that he has recovered from an attack of yellow fever and that his blood contains immune bodies against yellow fever as provided by a test carried out by an institution regularly carrying out biological tests for yellow fever.

[As amended by Nos. 60 and 207 of 1944, 159 of 1951, 273 of 1953 and 179 of 1954]

3.   Application

This Notice shall apply—

      (a)   to every aircraft and to the passengers and crew thereof arriving at any place in Zambia from or having during any stage of its journey landed in any scheduled place;

      (b)   to every aircraft which arrives at any place in Zambia which has within six days of such arrival been in contact with another aircraft which has within six days of such contact been on the ground in any scheduled place;

      (c)   to every road vehicle or railway vehicle and every person arriving at any place in Zambia by road or rail from any scheduled place.

[As amended by Acts 207 of 1944 and 60 of 1946.]

4.   Aircraft, crew and passengers subject to inspection by sanitary authority

   (1) Every aircraft to which this Notice applies shall make its first landing in Zambia or its first landing at any place in Zambia after leaving the Zambezi District at a recognised stopping place and together with the crew and passengers shall be subject to inspection by the sanitary authority.

   (2) No member of the crew and no passenger of any such aircraft shall have access to the public or leave the aerodrome until authorised by the sanitary authority.

   (3) No person shall be deemed to have contravened or failed to comply with the provisions of this paragraph if the pilot or person in charge of the aircraft proves that accident, stress of weather or other unavoidable circumstances prevented him from making his first landing at a recognised stopping place:

Provided that—

      (i)   the pilot or person in charge of any aircraft making its first landing at a place other than a recognised stopping place forthwith reports the facts of the situation by the most expeditious means to the nearest Administrative Officer or Government Medical Officer or police officer; and

      (ii)   the pilot or person in charge of such aircraft if so ordered by an Administrative Officer or Government Medical Officer or police officer shall proceed with such aircraft to a recognised stopping place as soon as possible; and

      (iii)   the crew and passengers of such aircraft comply with the instructions of an Administrative Officer or Government Medical Officer or police officer.

[As amended by Act 207 of 1944; 179 of 1954 and 500 of 1964.]

5.   Pilot to furnish information to sanitary authority

The pilot or person in charge of every aircraft to which this Notice applies shall, at the request of the sanitary authority—

      (a)   give the names and addresses at destination of all persons carried;

      (b)   state the place where and the date on which each person was taken on board;

      (c)   state whether the aircraft has, within the six days preceding arrival at any place in Zambia—

      (i)   been in contact with another aircraft which has, within six days of such contact, been on the ground in any scheduled place;

      (ii)   been on the ground in any scheduled place;

      (d)   produce his journey logbook for inspection; and

      (e)   furnish any other information of a public health nature in his possession regarding persons, animals, articles or things on board.

[As amended by Act 207 of 1944.]

6.   Passengers to furnish information to sanitary authority

Every person to whom this Notice applies shall, at the request of the sanitary authority, furnish any information of a public health nature concerning himself that may be required by such authority.

7.   Powers of sanitary authority

The sanitary authority—

      (a)   may inspect any aircraft and any road or railway vehicle to which this Notice applies and the cargo thereof to ascertain whether they contain mosquitoes, and may subject the aircraft or road or railway vehicle to disinsectisation; and

      (b)   may conduct or cause to be conducted a medical examination of the passengers and crew of such aircraft to ascertain whether they are free from symptoms of yellow fever.

8.   Medical examination

Every person to whom this Notice applies shall, if so required by the sanitary authority, submit himself to medical examination and shall be dealt with by the sanitary authority as follows—

      (a)   if such person is not in possession of a valid inoculation certificate, he shall be detained and subjected to observation in a place and under conditions approved by the sanitary authority for a period not exceeding six days reckoned from the date of leaving any scheduled place;

      (b)   if such person is in possession of a valid inoculation certificate, h e shall be allowed to proceed without being subjected to observation.

[As amended by Act 250 of 1944.]

9.   Inoculation against yellow fever

When in his opinion such action is necessary for the protection from yellow fever of Zambia or of any part thereof, the Director of Medical Services may order any person or group of persons in Zambia to be inoculated against yellow fever.

[As amended by Acts 179 of 1954 and 163 of 1965.]

10.   Expenditure recoverable

Any expenditure in connection with any measures taken in terms of this Notice in respect of any person shall be recoverable from such person or, failing him, from the owner of the aircraft or road or rail vehicle of which he was a member of the crew or a passenger, and any such expenditure incurred in respect of such aircraft and goods or articles conveyed therein shall be recoverable from the owner thereof.

11.   Offences and penalties

If any person contravenes or fails to comply with any provision of this Notice or any instruction, order or requirement lawfully issued or made thereunder, or fails or refuses to give any information which he is lawfully required to give, or gives any false or misleading information, knowing it to be false or misleading, he shall be guilty of an offence and liable to a fine not exceeding three thousand penalty units or to imprisonment for a period not exceeding six months, or to both.

[As by Act 13 of 1994.]

FIRST SCHEDULE

[Paragraph 2 (c)]

SANITARY AERODROMES

Lusaka

Kasama

Ndola

Livingstone [No. 32 of 1947]

SECOND SCHEDULE

[Paragraph 2 (d)]

RECOGNISED STOPPING PLACES

Ndola

Kasama

Lusaka (No. 207 of 1944)

Livingstone (No. 32 of 1947)

Mbala (No. 158 of 1949)

THIRD SCHEDULE

[Paragraph 2 (e)]

THE AFRICAN ENDEMIC YELLOW FEVER AREA

From the mouth of the River Senegal along that river eastwards to the 15ºN. parallel of latitude; thence eastwards along that parallel to the eastern boundary of the Sudan; thence northwards along the north-western boundary of Eritrea to the Red Sea Coast; thence southwards along the eastern coast of Africa to the northern boundary of the French Somali Coast; thence along that boundary successively westwards, southwards and eastwards to the eastern coast of Africa and thence along this coast to the southern boundary of Tanzania and westwards along that boundary and the southern boundary of the Congo to the 10ºS. parallel of latitude; thence westwards along that parallel to the west coast of Africa; thence northwards along the west coast of Africa to the mouth of the River Senegal; including the islands in the Gulf of Guinea. The Western Province and the Zambezi District in the North-Western Province of Zambia are also included in the endemic area. The port of Massawa in Eritrea and an area 10 kilometres in radius from the centre of the town of Asmara in Eritrea, as well as the territory of the French Somali Coast, including the port of Jibuti, are excluded from the endemic area. The continued exclusion of these area is, however, contingent on their maintenance of an Aedes aegypti index not exceeding 1 per centum in the port of Massawa, in and around Asmara, and in the port of Jibuti, as reported quarterly to the World Health Organisation.

[No. 138 of 1951]

APPLICATION OF SECTION 74 OF THE ACT

[Section 74]

[Notices by the Minister]

All Townships.(No. 93 of 1931)

City of Lusaka.(No. 49 of 1953)

City of Kitwe.(No. 49 of 1953)

City of Ndola.(No. 93 of 1931)

Kabwe Municipality.(No. 49 of 1953)

Livingstone Municipality.(No. 101 of 1931)

Luanshya Municipality.(No. 49 of 1953)

Mufulira Municipality.(No. 49 of 1953)

PUBLIC HEALTH (DRAINAGE AND LATRINE) REGULATIONS

[Section 75]

[RETAINED AS PER SECTION 15 OF THE INTERPRETATION AND GENERAL PROVISIONS ACT]

[Re-denominate the currency as stipulated under S 4 of Re-denomination Act, 8 of 2012, read with Bank of Zambia Act, 43 of 1996.]

Arrangement of Regulations

PART I
PRELIMINARY

   Regulation

   1.   Title

   2.   Application of Regulations

   3.   Interpretation

PART II
DRAINAGE AND SEWERAGE PROVISIONS, ETC.

   4.   Local Authority to enforce drainage of undrained buildings

   5.   Two or more buildings may be drained by a combined operation

   6.   New buildings must be drained

   7.   Local Authority may require sinks, drains or other necessary appliances to be provided to buildings

   8.   Conversion of latrines

   9.   Where sewer provided, cesspools or septic tanks, etc., no longer to be used for reception of drainage

   10.   Maintenance of drains and drainage works

   11.   Examination of drains, latrines, cesspools and septic tanks

   12.   Local Authority may cause drains to be tested

   13.   Stoppages in drains

   14.   Penalty on unauthorised building over sewers or under streets

   15.   Injurious matters not to pass into sewers

   16.   Power to prohibit the passing of solid matter, steam, chemical refuse, etc., into sewers

   17.   Brewery or manufacturing sewage

   18.   Power to make inspection chamber in manufacturing premises

   19.   Rain-water pipes not to communicate directly with a closed drain

   20.   Notice to be given of intention to make a sewer connection

   21.   Sewer connections not to be made without permission

   22.   Drainage works in streets and other public places

   23.   Local Authority may arrange with owners to carry out private drainage works

   24.   Owners outside the district may arrange with Local Authority to connect to sewers of Local Authority

   25.   Charges to cover supervision, etc.

   26.   Tins, bottles, refuse, etc., not to be allowed to enter drains

   27.   Traps, gullies and ventilation pipes to be kept free from obstruction

PART III
CONSTRUCTION OF DRAINS

   28.   Excavation for any laying of drains

   29.   Construction of drains

   30.   Gradient of drains

   31.   Inlets to drains to be trapped

   32.   No right-angled junctions to be made

   33.   Drains to be trapped from cesspools and septic tanks, etc., but not from sewers

   34.   Drains not to be trapped from sewers

   35.   Provision of inspection chambers in connection with drains

   36.   Ventilation of drains

   37.   No inlets to drains within buildings

PART IV
SOIL PIPES

   38.   Soil pipes

   39.   Anti-syphonage pipes to soil pipes

   40.   Connection of lead pipe with iron pipe

   41.   Connection of stoneware pipe with lead pipe

   42.   Connection of lead pipe with stoneware pipe

   43.   Connection of iron pipe with stoneware pipe

   44.   Connection of stoneware pipe with iron pipe

PART V
WASTE PIPES AND WASTE WATER FITTINGS

   45.   Waste pipes and waste water fittings

   46.   Local Authority may permit one pipe and single stack drainage systems

   47.   Rain-water pipes not to be used for conveying soil water or waste water

   48.   Overflow pipes from water supply cisterns or safes not to be connected with any drain, soil pipe, waste or ventilating pipe

PART VI
GULLY TRAPS

   49.   Gully traps

PART VII
GREASE TRAPS

   50.   Grease traps

PART VIII
WATER CLOSETS, SLOP-HOPPERS, URINALS, ETC.

   51.   Water closets

   52.   Urinals

   53.   Slop-hoppers

   54.   Traps and joints of soil water fittings

   55.   Soil water fittings to be provided with water flushing cisterns

   56.   Automatic water flushing cisterns not to be provided to water closets without permission

   57.   Automatic water flushing cisterns

   58.   Water closets to be kept provided with a sufficient supply of water

   59.   Position of soil water fittings

   60.   Apartment in which a soil water fitting is situated to be lit and ventilated

   61.   Trough closets to be approached from external air

   62.   Water closets

PART IX
SEPTIC TANKS AND SEWAGE FILTER INSTALLATIONS, ETC.

   63.   Septic tanks, etc.

PART X
DISPOSAL OF SEWAGE

   64.   Disposal of sewage

PART XI
DEPOSIT OF DRAINAGE PLANS, GIVING OF NOTICES, ETC.

   65.   Notice to be given and plans deposited of new drainage works

   66.   Addition to, partial construction, entire or partial reconstruction, or alteration of existing drainage works

   67.   Copy of plans and particulars to remain property of Local Authority

   68.   Approval of drainage

   69.   Drainage work not to be commenced before notice given, plans deposited and approval obtained

   70.   In default of notification by Local Authority, drainage work may be proceeded with

   71.   Alterations and construction of drainage work in cases of urgency

   72.   Notice before drainage work is commenced

   73.   Notice that work is completed and ready for testing

   74.   Drainage work not to be covered up until tested and approved

   75.   Certificate to be issued on completion of drainage

   76.   Fresh notice to be given if work not proceeded with within one year

   77.   Unauthorised drainage work

PART XII
PROVISION OF LATRINE ACCOMMODATION

   78.   New buildings must be provided with latrine accommodation

   79.   Local Authority to enforce provision of latrine accommodation to existing buildings

   80.   Latrines for factories, workshops, boarding-houses, hotels, etc.

   81.   Latrines for schools, colleges, theatres, public halls, etc.

   82.   Temporary latrines for workmen

   83.   Improper use of latrines used in common

   84.   Improper use of public latrines

   85.   No latrine other than a water closet to be constructed within 60.96 metres of a sewer

   86.   No latrine other than a water closet or urinal to be provided inside a dwelling

   87.   Latrines other than water closets and urinals to be protected against the entrance of flies

   88.   Local Authority to enforce latrines being protected against flies

PART XIII
PAIL CLOSETS

   89.   Pail closets

PART XIV
PIT CLOSETS

   90.   Pit closets not to be constructed without permit from Local Authority

PART XV
MISCELLANEOUS

   91.   Notices, etc., may be printed or written

   92.   Service of notices

   93.   Defect in form not to invalidate notices, etc.

   94.   Penalties

      SCHEDULE

Act 51 of 1963,

Act 13 of 1994,

GN 1 of 1932,

GN 12 of 1937,

GN 272 of 1942,

GN 328 of 1950,

GN 33 of 1951,

GN 173 of 1954,

GN 122 of 1956,

GN 125 of 1957,

GN 291 of 1964.

[Regulations by the Minister]

PART I
PRELIMINARY

1.   Title

These Regulations may be cited as the Public Health (Drainage and Latrine) Regulations.

2.   Application of Regulations

The Minister may, by statutory notice, declare that on and after a date to be specified in such notice the whole of these Regulations or only such provisions thereof as are mentioned in such notice shall apply to the whole of or only such part of the district of any Local Authority as shall be defined in such notice.

[Am by 291 of 1964.]

3.   Interpretation

In these Regulations, unless the context otherwise requires—

"cement" means Portland cement which shall conform in every respect with the provisions of the British Standard Specification for Portland Cement, No. 12, 1925, and any specification in amendment thereof or in substitution therefor;

"closed drain" means any drain constructed of pipes or in the form of an enclosed conduit;

"domestic building" includes any building in human use, or intended for human use, whether for purposes of business or residence or amusement;

"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 connection with any premises, or of any waste pipe, soil pipe, trap, urinal, water closet, slop-hopper, sink, bath, lavatory basin, ventilation pipe, anti-syphonage 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;

"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" includes a butler's sink and any fitting used or intended to be used in connection with the cleansing of toiletware but neither used nor intended to be used for the reception of any excremental liquid or substance;

"latrine" includes a 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;

"one pipe system" means a system of drainage above ground in which all soil and waste appliances are connected to a single pipe which discharges directly to a drain without further trapping other than traps integral with or attached to the appliances, and in which all traps are ventilated by means of connections to a separate main ventilating pipe;

"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;

"sewage" means soil water, waste water 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 connection" means any pipe junction, saddle or other contrivance constructed in any sewer belonging to the Local Authority for the purpose of receiving the discharges from any drain, or the drainage from one or more buildings, into such sewer;

"single stack system" means a one pipe system from which trap ventilating pipe work is omitted;

"slop-hopper" means any fitting intended for the reception of slop water from bedrooms or other waste water 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 water containing excremental liquid or substance;

"soil water" means discharges from water closets, slop-hoppers, urinals and urinettes, and all water 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;

"waste pipe" means any pipe for conveying waste water of a non-excremental character from baths, lavatory basins, sinks or housemaids' sinks;

"waste water" means discharges of a non-excremental character from baths, lavatory basins, sinks or housemaids' sinks;

"waste water fittings" means baths, lavatory basins, sinks and housemaids' sinks;

"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 connection with a water carriage system, and comprising provision for the flushing of the receptacle by means of an approved water supply.

[As amended by Acts 12 of 1937; 173 of 1954;122 of 1956 and 51 of 1963.]

PART II
DRAINAGE AND SEWERAGE PROVISIONS, ETC.

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 60.96 metres 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.

   (2) Any person who fails to comply with the requirements of any notice served under this regulation 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 the expenses incurred by it in so doing from the owner:

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 regulation, 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 it deems just the expenses of the construction of such sewer amongst the owners of the several buildings, and recover as a civil debt the sums apportioned from such owners.

5.   Two or more buildings may be drained by a combined operation

If it appear 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 60.96 metres 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 decide, or by the owners in such manner as the Local Authority shall direct, 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 shall determine, and, if paid by the Local Authority, may be recovered by it from such owners.

6.   New buildings must be drained

   (1) No person 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 60.96 metres 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 such drains shall empty into such covered tank or other place, not being under any building, as the Local Authority may direct, except as hereinafter provided.

   (2) Any person who causes any building to be erected or re-erected or any drain to be constructed in contravention of this regulation shall be guilty of an offence.

   (3) Notwithstanding anything contained in these Regulations, no person shall cause or permit any subsoil, surface, storm or rain-water or any drain for the conveyance of such water 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 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 or rain-water except with the written permission or by the direction of the Local Authority.

7.   Local Authority may require sinks, drains or other necessary appliances to be provided to buildings

If it shall appear to the Local Authority that any building built before or after the commencement of these Regulations 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 to be specified in such notice, to provide such sink, drain or other appliances. 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.

8.   Conversion of latrines

   (1) Where any building is served by any privy, earth closet, pail closet, pit closet, or other closet not being a water closet (any such privy or closet being hereinafter in this regulation referred to as a non-water closet), the Local Authority may, by notice in writing addressed to the owner of the building, require the said owner, within a reasonable time to be specified in the notice, to convert the non-water closet into a water closet, and—

      (a)   if the building or closet is within 60.96 metres of any sewer belonging to the Local Authority which is at a suitable level, to connect the water closet to the said sewer; or

      (b)   in any other case, to connect the water closet to a septic tank or covered cesspool,

and cause all such works to be constructed in accordance with the provisions of these Regulations:

Provided that no such notice as aforesaid shall be given unless there is available on the premises affected a sufficient supply of water to operate a water closet efficiently.

   (2) Any notice given under this regulation may require the owner of any building to carry out the works specified therein in a manner and by the use of materials to be approved by the Local Authority.

   (3) Any person who shall fail to comply with the requirements of any notice given under the provisions of this regulation within the time specified in such notice shall be guilty of an offence, and the Local Authority may, after the expiration of the time specified, execute the required work, and may recover as a civil debt the expenses incurred by it in so doing from the owner of the property.

[Am by 33 of 1951.]

9.   Where sewer provided, cesspools or septic tanks, etc., no longer to be used for reception of drainage

   (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 be within 60.96 metres 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 to be specified in such notice, and the Local Authority may, after the expiration of the time specified in such notice, execute the required work and may recover as a civil debt the expenses incurred by it in so doing from the owner of the property.

   (2) Any such owner who shall fail to comply with the requirements of any notice served under the provisions of this regulation within the time specified shall be guilty of an offence.

[As amended by Act 125 of 1957.]

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 connection with such premises in an efficient condition and in a proper state of repair to the satisfaction of the Local Authority.

   (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.

11.   Examination of drains, latrines, cesspools and septic tanks

If it shall appear to the Local Authority that any drain, latrine, cesspool or septic tank constructed upon or in connection 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. 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. 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 regulation within the time specified, he shall be guilty of an offence, and the Local Authority may, if it think fit, after the expiration of the time specified in the notice, carry out the work required, and may recover as a civil debt the expenses incurred by it in so doing from the said owner.

12.   Local Authority may cause drains to be tested

   (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 connection with any premises, the smoke, air, chemical, coloured water or other test (not including a test by water under pressure).

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