(10) The alteration of buildings;

(11) The observance and enforcement of such byelaws by requiring notices and plans.

4. It has been represented to the Board that it would be useful if a series of model byelaws were framed, dealing only with the subjects which are most in need of regulation and control in a rural district from a sanitary point of view, and omitting the additional requirements usually found in a code of byelaws in force in an urban district. The Board have, therefore, drawn up the accompanying series of model byelaws. They are confined to matters affecting health, and are limited to the subject-matters numbered (1) to (6), (9) and (11) in paragraph 3 above.

The Board are not in a position to advise as to what byelaws are needed in particular rural districts. The responsibility rests with the Rural District Council in each instance of determining, on consideration of the circumstances of their district, what byelaws (if any) they will propose to make. The model is intended to serve as a guide to them in dealing with the most important sanitary requirements in connection with new buildings. It must not be regarded as excluding the adoption of further provisions, where these are found to be necessary, dealing with the other matters mentioned in section 23 of the Act of 1890, or in section 157 of the Act of 1875. Portions of many rural districts are distinctly urban in character, and the development of building is constantly changing the aspect of the country, and it devolves on Rural District Councils to endeavour to apply to the several parts of their districts such regulations as the circumstances may, from time to time, seem to require. The present series contains no clauses dealing with questions of stability or the prevention of fire, or with the level, width, and construction of new streets. These are all matters that may properly be regulated in portions of rural districts which are assuming an urban character, and circumstances may arise which may render it necessary to deal with one or more of them even in less closely populated areas. Where more comprehensive byelaws are considered to be necessary for the whole or any part of the district, the Rural District Council may be referred to the model series prepared for use in urban districts. They should carefully study the clauses and select those that are appropriate to the needs of the district, or the portion of it under consideration. In this connection it may be mentioned that a series of byelaws may be made for part only of a contributory place where the circumstances justify this course. The part should, however, be very clearly defined by a well recognised boundary line.

5. The following notes indicate the subject-matter of the several clauses included in the model series :

Byelaw 1 defines certain terms used in the byelaws.

Byelaw 2 provides for the exemption of certain buildings from the byelaws. Special attention may be directed to the sub-division (h), the effect of which is practically to exclude from the operation

of the byelaws all buildings which are not dwelling-houses, or used wholly or partly for human habitation, or as a place for the habitual employment of any person. Thus the erection of buildings for agricultural purposes, and outbuildings such as a plant house, orchard house, summer house, poultry house, tool house, &c., is wholly unrestricted, except that they should not encroach on the open space required to be provided for new domestic buildings under the byelaws numbered 6 and 7. Pigsties and cowsheds are not exempt if not detached from a dwelling house. The object of this is to discourage the placing of such structures in contact with a dwelling house, as in such a position they must be regarded as a danger to health.

Public buildings and warehouse buildings are not excluded, but there are very limited provisions in the model byelaws respecting such buildings.

Walls and Foundations of New Buildings.

Byelaw 3 is for the purpose of securing the dryness of the ground surface beneath the building, and preventing the entrance of damp exhalations or of impure ground air from made ground or soil charged with organic matter. It only applies where the dampness of the site or the nature of the soil renders such a precaution necessary; but in low-lying marshy districts it may be desirable to omit the limiting words. It is suggested that a clause similar to clause 91 in the existing urban model, prohibiting the erecting of buildings on ground filled up with offensive matter, should be adopted in districts where section 25 of the Public Health Acts Amendment Act, 1890, is not in force.

Byelaw 4 requires a damp course in every wall of a new public building, or of a building constructed for human habitation, and also requires a double wall to act as a vertical damp course where any part of the lowest storey of a building is below the surface of the ground.

Byelaw 5 is intended to secure the exclusion of damp from a building by water soaking into the walls through parapets.

Byelaws 4 and 5 are the only clauses proposed affecting the walls of buildings. In other respects as to size, material, position, strength, &c., the builder is entirely unfettered.

Space about Buildings to secure a free circulation of air. Byelaws 6 and 7 deal with the provision of proper space to secure a free circulation of air. The Board regard it as most important that there should be secured for each new house, both in front and at the back, an adequate amount of space for this purpose. The open space in front required by byelaw 6 may extend over the public highway, and the clause is framed to meet the case of houses being erected fronting to existing narrow roads. It provides in effect that where a house is erected fronting to an existing street

1 Clause 10 in later edition (1904) of urban model.

less than 24 feet in width, it shall stand at a distance of not less than 12 feet from the centre line of the street, thus effecting an equitable adjustment between the owners of sites on the opposite sides of the street.

Byelaw 7 requires the provision at the rear of the house of an open space exclusively belonging thereto; this space besides securing through ventilation will serve as a yard in which the necessary sanitary conveniences may be placed at a proper distance from the house.

In some places there may be exceptional circumstances which would render it unnecessary to require the provision of the amount of open space referred to-e.g., the case of dwelling-houses abutting upon a park or other open space dedicated to the public. The Board have not provided for this either in the present model or in the urban model byelaws, but on being informed of the facts in cases of the kind or other cases of difficulty in a particular district, they would be prepared to consider additions to, or modifications of, the byelaw to meet the special circumstances.

Ventilation of Buildings.

Byelaws 8-12 deal with the ventilation of buildings, and represent the minimum requirements which the Board are advised to be necessary. It will be seen that they do not impose any undue restrictions on the position or shape of windows or fireplaces. It is very desirable that some at least of the bedrooms in all houses shall be provided with fireplaces, but this object cannot be directly secured by byelaw.

It may be pointed out that the object of byelaw 10 is to secure the ventilation of the space between the ground surface beneath the building, for the purpose of dispersing any damp or foul air which may collect there, and of preserving the timbers from decay. It is desirable that an ampler space should be provided where the ground surface is not covered with an asphalte or concrete layer, since the natural soil is always more or less porous and retentive of moisture.

Drainage of Buildings.

Byelaw 13 requires the drainage of the subsoil of a new building. It will only need to be observed in cases where the site is naturally damp.

Byelaw 14 makes provision for carrying away rain water falling on the roof of a building in such a manner as to prevent dampness in the walls or foundations of the building.

Byelaw 15 requires that the lowest storey of a building shall not be placed at such a level as will prevent its being drained.

Byelaws 16 and 18 make the necessary provision as to the material and structure of drains which are to convey foul water or sewage matter.

Byelaws 17 and 20 require the provision of suitable traps to drains to prevent the access of foul air to a building, and impose certain conditions as to inlets to drains.

Byelaw 19 provides for the necessary ventilation of drains conveying sewage matter. There is a relaxation of its requirements in cases where there is no watercloset in the building and connected with the drain, and the drain is of limited length.

Waterclosets, Earthclosets, Privies, Ashpits, and Cesspools.

The succeeding byelaws 21-43 relating to waterclosets, earthclosets, privies, ashpits and cesspools, apply to the new construction of these conveniences in all cases, whether in connection with a new or an old building. The byelaws do not require the construction of these conveniences, &c., but merely regulate their construction where they are provided. The omission of a byelaw as to any one of them would have the effect of leaving the particular construction unregulated, and would not prevent its erection.

Byelaws 21-25, relating to waterclosets, do not call for any detailed remarks.

Byelaws 26-33 relate to earthclosets and privies.

It will be observed that similar provisions have been made applicable to both earthclosets and privies. In the earlier model byelaws issued by the Board a distinction is drawn between the two kinds of conveniences, but the Board are advised that, except where an earthcloset is carefully attended to and proper arrangements are made for the supply of dry earth (not ashes), it is apt to be treated merely as a privy. In general, no distinction can usefully be made, but it is of course open to a Rural District Council, who are prepared to undertake the supply of dry earth, or who can show that facilities for obtaining it exist, to propose the adoption of byelaws dealing with earthclosets apart from privies, and for this purpose they are referred to the clauses on the subject in the existing urban model byelaws.

Byelaw 26 requires an earthcloset or privy to be placed at a distance of 10 feet at least from a dwelling house or public building, or a building in which any person may be employed, &c. In the existing model this distance is six feet, but the Board are advised that on sanitary grounds it is desirable that a greater distance should be secured, and they suggest that ten feet is a reasonable minimum distance in a rural district, and such as could always be obtained. Indeed, a Council might consider whether a greater distance might not reasonably be required.

Byelaw 27. This is for the protection of water supplies, and the Board regard it as of considerable importance. The Board have not inserted any distance in the byelaw, but suggest that the Council should fix the greatest distance which the circumstances of the district render reasonable 40 feet is the distance commonly adopted. It must be remembered that the consequences of a

pollution of a water supply arising from a defective or badly managed privy, &c., are so serious that the utmost precautionary measures should be taken to prevent such a result.

The remaining byelaws as to earthclosets and privies deal with details of construction to secure their convenient and cleanly use.

Byelaw 32. The principles to be held in view are that the receptacle of the privy should be of the smallest practicable dimensions, having regard to the facilities for the periodical removal of its contents; that with a view to secure dryness of the contents it should be of impervious construction and entirely above the ground level, and be covered so as to exclude rainfall; and that it should be provided with means for the application of earth or ashes to the excrement, and with means of access for the removal of the contents from the outside, so that the laborious and offensive operation of working in the pit may be avoided.

Byelaws 34-39 deal with the construction of ash-pits. As regards byelaws 34 and 35, the Board would refer the Council to the remarks above on byelaws 26 and 27. Similar considerations apply to the fixing of the distances in these clauses.

Byelaws 40-43 deal with the construction of cesspools. The Council should themselves insert the distances in byelaws 40 and 41 having regard to the circumstances of their district. The distance to be prescribed should be reasonable but should be adequate to ensure efficient protection for the purposes of the byelaws. The Board may say that in cases that have come before them they have advised minimum distances of 50 and 60 feet respectively in corresponding byelaws.

Closing of Buildings unfit for human habitation; the giving of notices and the deposit of plans; penalties, &c.

Byelaw 44 deals with the closing of buildings, &c., unfit for human habitation. The remaining byelaws deal with the giving of notices and the deposit of plans in cases to which the byelaws relate, the imposition of penalties for offences, and the pulling down of buildings which infringe the byelaws.

Procedure to be observed in making byelaws.

6. Any byelaws that are proposed should be submitted to the Board in the first instance in draft for their preliminary approval before any steps are taken for the printing or for the formal adoption of the byelaws. Draft forms for this purpose in which the byelaws are printed on foolscap paper with half-margin for notes will be supplied to Local Authorities on application.

Any clauses in addition to or in substitution for those of the model series should be inserted in the draft on separate sheets of paper with half-margin; minor alterations may be suitably shown in the margin of the model forms. It would be convenient to the Board if the draft byelaws were submitted in duplicate.