Public Health Ordiance 1917

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Public Health Ordinance 1917Chapter 12; No. 4 : 

Public Health Ordinance 1917Chapter 12; No. 4 Dr. Deryck D. Pattron, Ph.D Public Health & Safety Consultant 1 All Rights Reserved (c) 2010 by Dr. Pattron.

Definitions : 

Definitions Cesspit:-any receptacle for containment of night soil above or below ground. Conveniences:-drains, water supply, privies. Dwelling-house:-building used for human habitation. Habitable:-adapted or constructed to be inhabited. 2 All Rights Reserved (c) 2010 by Dr. Pattron.

Definitions (cont’d) : 

Definitions (cont’d) Infectious disease:-diseases which can be transferred to other persons. Offensive:-anything that infringes on the rights of others, person, place , thing and includes noxious substances. Dangerous infectious disease:-yellow fever, plaque, cholera, typhoid fever, anthrax, typhus fever. Local authority:-urban sanitary authority, port sanitary authority, rural sanitary authority or any local authority of the district in which the subject matter of the reference arises. 3 All Rights Reserved (c) 2010 by Dr. Pattron.

Definition (cont’d) : 

Definition (cont’d) Occupier:-a person having the charge, management or control of any premises or other persons in charge thereof. Premises:-buildings, lands, ship, vessel, tent, van, shed or similar structure. Street:-any road, lane, highway. Public building:-any building used for public purpose. 4 All Rights Reserved (c) 2010 by Dr. Pattron.

Central Board of Health : 

Central Board of Health Composition: Nine members. Appointed by President. Duration of appointment: not more than two years. Removal via death, absence from country or failure to attend meetings for three months. Director of Medical Services is the chairman of the Board. 5 All Rights Reserved (c) 2010 by Dr. Pattron.

Central Board of Health (cont’d) : 

Central Board of Health (cont’d) A quorum consists of five members. The Board has the power to make its own regulations, and/or bye-laws. Appointment of a Medical Inspector of Health who is the Medical Officer of the Board. Power to appoint members or Public Health Officers as deemed necessary. 6 All Rights Reserved (c) 2010 by Dr. Pattron.

Powers of Entry of Medical Inspectors of Health & their Assistants : 

Powers of Entry of Medical Inspectors of Health & their Assistants Written authority of the Board. Enter any premises at any reasonable time. Enquire about any public health matter. Address matters with respect to sanction, approval or consent. 7 All Rights Reserved (c) 2010 by Dr. Pattron.

Streets : 

Streets Power of local authority to mandate owners to pave streets not under their jurisdiction. Local authority can begin work on a premises after one month from the first notice. Total cost incurred charged on premises with a fixed interest rate. Local authority may contribute to a portion or to the whole cost of street work. 8 All Rights Reserved (c) 2010 by Dr. Pattron.

Building Areas : 

Building Areas Approval of local authority required for the laying out of building lots and erection of buildings. Owners of land must seek approval for the erection of buildings from the local authority. Contours and dimensions of the land may require designs or lay out of the land showing streets and buildings lots. The line of the buildings. The course of the purposed drainage. The proposed water supply to the building lots. 9 All Rights Reserved (c) 2010 by Dr. Pattron.

Powers of the Local Authority: Building Areas : 

Powers of the Local Authority: Building Areas Requirements of building area: Adequate water supply. Adequate drainage. Adequate building lots and dimensions of streets. Presence of adequate open spaces. Any other factors that would constitute a public health concern. Approved plan signed by local authority. Contravention of the above requirements is a contravention of the Public Health Ordinance. 10 All Rights Reserved (c) 2010 by Dr. Pattron.

Buildings and Streets : 

Buildings and Streets Meaning of the erection of a new building for which approval is required: Re-erection of any building, framework, pulled down, burnt down or within ten feet from the surface of the ground. Conversion into a dwelling house any building not originally constructed for human habitation. Reconversion of any structure into a dwelling-house. Renovation of an existing building. Roofing or covering of an open space between walls or building. 11 All Rights Reserved (c) 2010 by Dr. Pattron.

Public Buildings and Public Safety : 

Public Buildings and Public Safety Public buildings are not to be used until approved. Erection of public buildings must be done with approval and precautions for public health safety. Conversion into public buildings for other purposes must be done with approval from the local authority. Local authority may require alterations for safety of the public. 12 All Rights Reserved (c) 2010 by Dr. Pattron.

Fencing of Lands : 

Fencing of Lands The local authority may require land owners to fence their land adjoining any street or road and to keep the fence in a good state of repair. Encroachment upon streets can be described as: Erecting any structure of any kind on any street or any part thereof. This action carried out by anyone is illegal and is in contravention of the law. 13 All Rights Reserved (c) 2010 by Dr. Pattron.

Power of Local Authority to Make Regulations or Bye-laws : 

Power of Local Authority to Make Regulations or Bye-laws Regarding: The access to areas to be used as building lots. The specific dimensions and characteristics of materials used in the construction, maintenance and drainage of streets. The keeping of drains clean and in good repair. Drainage of a given area or premises. Ventilation and sufficiency of the space about buildings. Structure of foundation, walls and roofs. Minimum dimensions of building lots. The erection and construction of public buildings. Sanitary arrangements and convenience of any public buildings. The regulation and control of public spaces. 14 All Rights Reserved (c) 2010 by Dr. Pattron.

Privies, Dustbins and Drains : 

Privies, Dustbins and Drains Every home must be provided with a sufficient privy. It is the responsibility of the local authority to provide and maintain drains, and privies. These structures should be so constructed as not to become a nuisance or public health hazard. The local authority is responsible for the maintenance of convenient dustbins for the public use. 15 All Rights Reserved (c) 2010 by Dr. Pattron.

Privies: Workshops or Factory or Any Similar Construct : 

Privies: Workshops or Factory or Any Similar Construct Employees must be provided with suitable and sufficient accommodation with regards to sanitary conveniences. Bases on: Number of persons employed. Sexes of persons employed. 16 All Rights Reserved (c) 2010 by Dr. Pattron.

Human Excreta : 

Human Excreta Any person found defecating or depositing human excreta not in a properly constructed privy, within a quarter of a mile from any occupied building is guilty of an offence. 17 All Rights Reserved (c) 2010 by Dr. Pattron.

Scavenging and Cleansing : 

Scavenging and Cleansing Local authority is responsible for scavenging and cleansing within their own district: Removal of house refuse and other rubbish. Removal of night soil, and other waste matter. Supply or offer for sale the use of disinfectants for use in privy. Cleansing, disinfection of buildings, privies, dustbins and drains and the collection, removal and disposal of night soil at a charge determined by the local authority. Sweeping, cleansing and watering of streets. 18 All Rights Reserved (c) 2010 by Dr. Pattron.

Bye-laws : 

Bye-laws Under the direction of the Board make bye-laws that deals with: Sanitation of premises, duties of owners or occupiers. Prescribe size, material and type of dustbins or movable receptacles. Regulate the keeping of swine in rural districts. Regulate the keeping of live or dead animals. Regulate the situation, construction, drainage and use of stables, and disposal of manure. 19 All Rights Reserved (c) 2010 by Dr. Pattron.

Bye-laws (cont’d) : 

Bye-laws (cont’d) Prescribe times for removal of faecal or offensive matter. Provide vessels or receptacles appropriate for the transport and storage of faecal or offensive matter. Responsible for the business of carrying out or removing faecal matter . Removal of faecal matter requires a permit from the local authority. 20 All Rights Reserved (c) 2010 by Dr. Pattron.

Throwing of Offensive matter in Public Places : 

Throwing of Offensive matter in Public Places It is an offense to throw dead animals, offal, swine, brine, garbage, or vegetable matter in any public place or in any river, drain, or watercourse. It is an offense to throw dead animals or garbage into any privy or cesspit. 21 All Rights Reserved (c) 2010 by Dr. Pattron.

Nuisances : 

Nuisances It is the responsibility of the Local authority to perform regular inspections within and around the district for early and timely detection of nuisances. What constitutes a nuisance? Any premises. Any street. Any ditch, sink, cistern, pool, burrow-pit. Watercourse, drain, gutter, privy, dustbin, manure pit. Any stable, cowshed, pig-sty, or other places where animals are kept. 22 All Rights Reserved (c) 2010 by Dr. Pattron.

Nuisances : 

Nuisances What constitutes a nuisance? Any animal so kept as to be a nuisance. Any accumulation or deposit of any material. Any work, manufactory, trade or business. Any house or part of a house used for human habitation that is overcrowded. Any schoolhouse, workroom, shop, office, factory, workshop, warehouse: Sanitation. Ventilation. Overcrowded. Not sufficient privy accommodation. 23 All Rights Reserved (c) 2010 by Dr. Pattron.

Nuisances : 

Nuisances What constitutes a nuisance? Drainage, refuse, washings of any town, village or building falling into any harbour, river, watercourse, ravine, pond or ditch. Any churchyard, cemetery so crowded as to be a nuisance. Any well or water supply. Any chimney emitting black smoke. 24 All Rights Reserved (c) 2010 by Dr. Pattron.

Notice of Abatement of Nuisance:2nd Schedule Form A : 

Notice of Abatement of Nuisance:2nd Schedule Form A Serve a notice on a person who is responsible for the sufferance or existence of the nuisance. Notice of Abatement should be given in a specified time period to prevent recurrence. Notice of Abatement should prescribe works as deemed appropriate by the Local Authority. Failure to comply, results in a fine. 25 All Rights Reserved (c) 2010 by Dr. Pattron.

Notice of Abatement of Nuisance: 2nd Schedule Form B (Summons) : 

Notice of Abatement of Nuisance: 2nd Schedule Form B (Summons) Failure to comply with the abatement order, the Local Authority may make a complaint before the Magistrate of the district and a summons initiated and served. 26 All Rights Reserved (c) 2010 by Dr. Pattron.

Notice of Abatement of Nuisance: Form C (Nuisance Order) : 

Notice of Abatement of Nuisance: Form C (Nuisance Order) Abatement order- requires the person to comply with all or any requisitions of the notice. Prohibition order-may prohibit the recurrence of a nuisance. Closing order-may prohibit a dwelling house from being used for human habitation. Cancellation of closing order-upon satisfactory restoration of dwelling-house or correction of the problem, the Magistrate may cancel the closing order. 27 All Rights Reserved (c) 2010 by Dr. Pattron.

Appeal Against Nuisance Order : 

Appeal Against Nuisance Order A person can appeal to the Supreme Court against a nuisance order. Circumstances Prohibition. Closure. Execution of structural works. 28 All Rights Reserved (c) 2010 by Dr. Pattron.

Abatement of Nuisance : 

Abatement of Nuisance The Local Authority may sell any matter or thing by public auction as a necessary measure to prevent the recurrence of a nuisance. Money collected may be used to defer expenses incurred by the Local Authority. Any surplus of funds may be paid to the owner. 29 All Rights Reserved (c) 2010 by Dr. Pattron.

Power of Entry : 

Power of Entry Right to enter any premises. Examine any nuisance. Follow-up on any abatement works. Entry at any reasonable hour. 30 All Rights Reserved (c) 2010 by Dr. Pattron.

Penalty for Nuisance : 

Penalty for Nuisance Any person found willfully damaging or destroying: Drain Dustbin Privy Water supply Apparatus Pipe Is guilty of an offence 31 All Rights Reserved (c) 2010 by Dr. Pattron.

Sale of Milk : 

Sale of Milk Registration of all persons keeping cows. Licensing of all places in which cows are kept for sale of milk. Licensing of dairymen. Inspection of cattle keeping places. Prescribing and regulating the cleansing and drainage of dairies and any pasture used for grazing of cows. Suitable construction of dairies and cowsheds. Appropriate precautions to be taken for protecting milk against infection or contamination. Securing the cleanliness of vessels used for the keeping of milk. Each licence issued is valid for one year and expires on December 31st 32 All Rights Reserved (c) 2010 by Dr. Pattron.

Prevention of Use of Milk from Diseased Cows : 

Prevention of Use of Milk from Diseased Cows Milk from diseased cows should not: Be mixed with other milk. Be sold. Used for human food. Be used for food for other animals. ANY PERSON FOUND IN CONTRAVENTION IS LIABLE TO A FINE OR IMPRISONMENT. 33 All Rights Reserved (c) 2010 by Dr. Pattron.

Unsound Food : 

Unsound Food Food not fit for human consumption. An inspector may enter any premises and inspect and examine any food exposed for sale or deposited in any place or any food in preparation for sale. CANCELLATION OF LICENCE OR IMPRISONMENT FOR CONTRAVENTION OF LAW 34 All Rights Reserved (c) 2010 by Dr. Pattron.

Importation of Food and Drink : 

Importation of Food and Drink The Board may make regulations for prevention of danger arising to public health from the importation of food and drink other that drug and water, intended for sale for human consumption. No compensation is payable to any person or owner of goods destroyed. 35 All Rights Reserved (c) 2010 by Dr. Pattron.

Water Supply : 

Water Supply The local authority may make bye-laws for: Securing. Cleanliness. Freedom from pollution. Prescribe means by which wells and tanks should be made and kept clean and free from pollution. 36 All Rights Reserved (c) 2010 by Dr. Pattron.

Bye-Laws: Tanks : 

Bye-Laws: Tanks Cleaning of tanks. Prescribing apparatus and appliances for connecting. Prescribing apparatus for discharging the overflow. Contravention can lead to a fine. 37 All Rights Reserved (c) 2010 by Dr. Pattron.

Infectious Diseases : 

Infectious Diseases Proclamation by the Mayor/Minister of Health to declare infectious disease. Declare one or more facilities for the isolation of persons suffering from infectious diseases. Use discretionary powers to do anything possible for the protection of the public health. Isolation of infected persons. Removal to hospital and curative treatment of infected persons. Removal, disinfection and destruction of personal effects, goods, houses and other property exposed to infection. Speedy burial or cremation of the dead. 38 All Rights Reserved (c) 2010 by Dr. Pattron.

Power to request a list of sources or supply : 

Power to request a list of sources or supply Local authority and the Medical Officer of Health may request a dairyman to provide a list of all farms, dairies or places from which his supply of milk is derived during the last six weeks. 39 All Rights Reserved (c) 2010 by Dr. Pattron.

Notification of infectious diseases : 

Notification of infectious diseases Every dairyman has the responsibility to notify the Medical Officer of Health of all cases of infectious disease among persons involved or in connection with the dairy. 40 All Rights Reserved (c) 2010 by Dr. Pattron.

Persons who should not handle milk or food : 

Persons who should not handle milk or food Infected persons. Caregivers of infected persons. 41 All Rights Reserved (c) 2010 by Dr. Pattron.

Purification, Disinfection of Articles & Premises : 

Purification, Disinfection of Articles & Premises Local authority acting on the certificate of Medical Officer of Health can remove, cleanse, destroy any infectious article at the owners expense. Owners of premises containing infectious articles are served with a notice to correct unsanitary conditions in a specified time period. 42 All Rights Reserved (c) 2010 by Dr. Pattron.

Conveyance of infected persons : 

Conveyance of infected persons The owner of public vehicles should disinfect their vehicles regularly as to prevent the transmission of communicable diseases. Infected persons who are travelling should do so with the necessary precautions as to prevent the transmission of communicable diseases. 43 All Rights Reserved (c) 2010 by Dr. Pattron.

Housing of infected persons : 

Housing of infected persons Houses or premises containing infected persons should be disinfected and cleaned appropriately as to prevent the transmission of communicable diseases. 44 All Rights Reserved (c) 2010 by Dr. Pattron.

Penalty for not declaring cases of infection or harboring infected persons : 

Penalty for not declaring cases of infection or harboring infected persons Fine of ninety-dollars or; Imprisonment for one month. 45 All Rights Reserved (c) 2010 by Dr. Pattron.

Powers of Magistrate : 

Powers of Magistrate Order: The removal of a dead body to the mortuary. Burial of a dead body. 46 All Rights Reserved (c) 2010 by Dr. Pattron.

Provision of Nursing Attendance : 

Provision of Nursing Attendance The local authority may provide nurses for care of patients suffering with infectious diseases. 47 All Rights Reserved (c) 2010 by Dr. Pattron.

Wake & Infectious Diseases : 

Wake & Infectious Diseases Wake not allowed over body of person dying of infectious disease. 48 All Rights Reserved (c) 2010 by Dr. Pattron.

Common Lodging Houses : 

Common Lodging Houses Notification in writing to the local authority: Address. Area of yard. Number of rooms. Name and address of agent. Failure to provide notification in writing to the local authority will result in a fine. 49 All Rights Reserved (c) 2010 by Dr. Pattron.

Register for Common Lodging Houses : 

Register for Common Lodging Houses The local authority keeps a register of: Names and residences of owners and keepers of common lodging houses. Situation or condition of lodging houses and barrack yard. Number of authorized lodgers. 50 All Rights Reserved (c) 2010 by Dr. Pattron.

Inspection of Lodging Common Houses : 

Inspection of Lodging Common Houses Premises will be granted after satisfactory inspection of premises. Sanitary upkeep and layout of premises. Cleanliness. Proper ventilation. Sufficient number of toilets for both sexes. Proper disposal of sewage. Provision of potable water. Provision for timely disposal of waste. 51 All Rights Reserved (c) 2010 by Dr. Pattron.

Bye-laws for Common Houses : 

Bye-laws for Common Houses The local authority can make bye-laws as the need arises to: Determine the number of persons living in common houses. Number of persons living in each room per house. Separation of sexes. Sufficiency of water supply and privy, shower bath, washing, drainage, other appliances. Giving notices and taking perquisite precautions in the case of any infectious diseases. Inspection. Collection and removal of refuse. Painting and limewashing of walls and buildings. Keeping of proper drains and sanitary arrangements. Paving of yards. Keeping and well ordering of houses and yards. 52 All Rights Reserved (c) 2010 by Dr. Pattron.

Conditions for Approval of Barrack Yard : 

Conditions for Approval of Barrack Yard In compliance with a model plan and specification to be drawn up by the board. Each room should be sufficiently ventilated and open directly to the outside air. Each room should have sufficient lighting. No room should ventilate into another. The roofs of all rooms should be closed. Each room should be rat and insect proof. The whole or part of the yard should be paved. Privy accommodation and the provision for the collection of refuse as arranged by the local authority. 53 All Rights Reserved (c) 2010 by Dr. Pattron.

Bakehouses : 

Bakehouses Application to use place as bakehouse. Application in writing to local authority. Full name. Premises description to be used. Certificate of approval/Registration. 54 All Rights Reserved (c) 2010 by Dr. Pattron.

Upkeep Requirements for Bakehouses : 

Upkeep Requirements for Bakehouses Walls, floors and ceiling should be washed and cleaned frequently with soap, hot water, and lime. Walls, floors and ceiling should be painted regularly or once every three years. Sufficient privies. Sufficient dustbins. Potable water. Toilets and sewage pipelines should not open directly into bakehouses. Proper ventilation. 55 All Rights Reserved (c) 2010 by Dr. Pattron.

Persons employed in bakehouses : 

Persons employed in bakehouses Persons who are infected or suffering from a communicable disease should not be employed in any bakehouse. 56 All Rights Reserved (c) 2010 by Dr. Pattron.

Powers of Entry & Inspection : 

Powers of Entry & Inspection Public Health Inspector has the power to do the following: To enter any premises. To inspect any premises. To examine any article contained within or on any premises. To conduct inspection without prior notice. To conduct inspections at any reasonable time. May be accompanied by a constable in the conduct of his duty. OFFENCE TO OBSTRUCT A PUBLIC HEALTH INSPECTOR OR MEDICAL OFFICER OF HEALTH. 57 All Rights Reserved (c) 2010 by Dr. Pattron.

Mosquitoes : 

Mosquitoes The local authority can make bye-laws regarding: Protection of receptacles for storing water. Disinfecting and oiling of cesspits and the cleaning out of cesspits. Keeping in good repair and free of obstruction of gutters and down-pipes. Cutting down of bush or undergrowth liable to harbour mosquitoes. 58 All Rights Reserved (c) 2010 by Dr. Pattron.

Hotels, Restaurants & Shops : 

Hotels, Restaurants & Shops The local authority can make bye-laws on: Inspection of hotels, restaurants and shops. Cleanliness and disinfections of premises. Cleanliness and disinfections of equipment. Protection from contamination by dust, flies and other materials. Precautions to prevent spread of infection or communication of diseases. Upkeep of floors, walls, ceilings, and all fixtures. Removal and disposal of all refuse and waste matter. Registration of retail shops and places where any article of food is sold, and/or prepared. Providing any person registered under bye-laws to carry and display a food badge. The expiration of the food badge is twelve calendar months of each year. 59 All Rights Reserved (c) 2010 by Dr. Pattron.

Factories & Workshops : 

Factories & Workshops The local authority can make bye-laws on: Cleanliness of rooms and freedom from contamination. Removal of refuse. Ventilation and light. Sufficiency, type and position of sanitary conveniences. Precautions against contamination of any article of food. Precautions against the spread of infection. Registration of factories and workshops. 60 All Rights Reserved (c) 2010 by Dr. Pattron.

Barbers’ & Similar Shops : 

Barbers’ & Similar Shops The local authority can make bye-laws on: Cleanliness and disinfections of : Premises. All instruments. Furniture. Utensils. Fixtures. Accessories. 61 All Rights Reserved (c) 2010 by Dr. Pattron.

Barbers’ & Similar Shops cont’d : 

Barbers’ & Similar Shops cont’d Precautions against the spread of infection. Entry on and examination of premises. 62 All Rights Reserved (c) 2010 by Dr. Pattron.

Slaughter Houses : 

Slaughter Houses The local authority may provide one or more slaughter houses intended for harvesting food for man. Any person found acting in contravention of this provision is liable to a fine of forty-eight dollars for each animal slaughtered. 63 All Rights Reserved (c) 2010 by Dr. Pattron.

Slaughter House Bye-laws : 

Slaughter House Bye-laws Fixing tolls, rents, and other charges. Regulating the manner of occupying slaughter house. Inspection and slaughtering of animals. Licensing of slaughtermen and the revocation and cancellation of such licences. Fixing of open and closing hours of slaughter houses. Prescribing conditions and requirements for slaughtering of animals. Prescribing conditions and fixed times for removing carcases from slaughter houses. Regulating the feeding and watering of animals and the prevention of cruelty. 64 All Rights Reserved (c) 2010 by Dr. Pattron.

Sale of Fresh Meat : 

Sale of Fresh Meat Fresh meat is to be sold in proclaimed areas defined by the Mayor. Meat handling persons are licensed for this purpose by the local authority. The licence expires on the 31st, December of every year. 65 All Rights Reserved (c) 2010 by Dr. Pattron.

Obstruction: Bribery : 

Obstruction: Bribery Any person who attempts to prevent, hinders the execution of the Public Health Ordinance by a duly appointed officer is guilty of an offence; fine and possible imprisonment. 66 All Rights Reserved (c) 2010 by Dr. Pattron.

References : 

References Laws of Trinidad and Tobago. 1917. Public health Ordinance, Chapter 12, No. 4. Government Printery: Port of Spain. 67 All Rights Reserved (c) 2010 by Dr. Pattron.