Revised Laws of Saint Lucia (2021)

Schedule

1.

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   (1)     The Public Health Board, to which section 37(1) of the Interpretation Act applies, consists of at least 7 persons one of whom shall be the Chief Medical Officer who shall be the chairperson.

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   (2)     The Minister may appoint any person to act temporarily in the place of any member of the Board in the case of the absence of or inability to act of such member.

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   (3)     A member of the Board shall hold office for a term of 3 years unless he or she dies, resigns or is removed from office by the Minister for cause before the end of that term but—

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      (a)     a member who is appointed to fill a vacancy created by the death, resignation or removal from office for cause of a former member shall hold office only for the unexpired portion of that term;

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      (b)     any member is eligible for further re-appointment for a further term.

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   (4)     The Minister may grant leave of absence to a member of the Board and may appoint a person to act in the place of that member.

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   (5)     A member of the Board other than a public officer may resign his or her office by instrument in writing addressed to the Minister, transmitted through the chairperson and from the date of the receipt of such instrument by the Minister such member shall cease to be a member of the Board.

2.

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   (1)     Three members of the Board shall form a quorum.

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   (2)     Decisions of the Board shall be by a majority of votes and where the voting is equal the chairperson shall have a casting vote.

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   (3)     The Board shall meet at such times as may be necessary or expedient for the transaction of business and such meetings shall be held at such places and times and on such days as the Board determines.

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   (4)     The chairperson shall preside at meetings of the Board and where the chairperson is absent from any meeting the members present may elect one of themselves to act as chairperson for that meeting.

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   (5)     Subject to this Schedule the Board may regulate its own proceedings.

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   (6)     The Permanent Secretary of the Ministry of Health may assign a public officer to perform the functions of Secretary to the Board.

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   (7)     All documents made by, and the decisions of the Board may be signified under the hand of the chairperson or any member of the Board authorised to act in that behalf, or by the Secretary of the Board.

CHAPTER 11.01
PUBLIC HEALTH ACT

SUBSIDIARY LEGISLATION

List of Subsidiary Legislation

Public Health (Nuisances) Regulations – Section 9

(Statutory Instruments 10/1978 and 17/2020)

S.I. 10/1978 .. in force 1 April 1978

Amended by S.I. 17/2020 .. in force 24 February 2020

ARRANGEMENT OF REGULATIONS

PUBLIC HEALTH (NUISANCES) REGULATIONS – SECTION 9

Commencement [1 April 1978]

1.   Citation

These Regulations shall be cited as the Public Health (Nuisances) Regulations.

2.   Interpretation

In these Regulations, in addition to the nuisances specifically enumerated in Regulation 3, any failure to comply with any other regulation made under the Public Health Act 1975, or any act not warranted by Law, or any omission to discharge a legal duty which act or omission affects or is liable to affect prejudicially the public health or safety, shall for the purpose of these Regulations be deemed to be a nuisance.

3.   Nuisances

For the purpose of these Regulations, the following shall be nuisances—

1.  

   (a)     any place, matter or thing, or deposit, or accumulation of liquid or soiled matter that is so full, or in such a state, or so placed or made or left, as to be insanitary or injurious or dangerous to health or likely to become so;

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   (b)

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      (i)     the existence of flies or mosquitoes or other insects capable of transmitting or causing disease,

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      (ii)     the existence of bed bugs, cockroaches or other vermin,

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      (iii)     the existence of mice, rats or other like rodents;

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   (c)     the existence of any condition, matter or thing, which in the opinion of the medical officer of health or environmental health officer provides food for, or harbourage, or acts as a breeding place for insects or vermin rodents; (Amended by S.I. 17/2020)

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   (d)     any yard or enclosure or other place not kept properly weeded, dry and clean;

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   (e)     any gutter or ditch not kept free from bush, grass and weeds and collection of water;

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   (f)     the presence on any premises or in any place of empty bottles (broken or otherwise) empty tins, coconut shells uncovered barrel boxes, or anything that will serve as a receptacle for water or as a breeding place for mosquitoes or other insects;

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   (g)     any caves, gutter or drain pipe in which water has collected at a spot therein;

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   (h)     any tree or other erection which interferes with the entrance of sunlight into or with free ventilation of any neighbouring premises or building which is dangerous to public health and safety;

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   (i)     any part of a house or building where the number of occupants is greater than the square area of the building allowed for in accordance with any special order, regulation or law;

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   (j)     any house not sufficiently supplied with water, having regard to number of occupants and the means of supply thereto;

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   (k)     any water supply system which is not maintained in a sanitary manner;

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   (l)     any water tap, pipe, or pump or other means of obtaining water which is needlessly allowed to run to waste or under water is allowed to accumulate or become stagnant;

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   (m)     any sanitary conveniences not constructed and maintained in accordance with any regulation or law;

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   (n)     any water supply system in such a state or condition that the water passing through therein when used for domestic purposes could be injurious to health;

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   (o)     any sanitary convenience so located with regard to any neighbouring house or for any other reason as to be insanitary or injurious, or dangerous to health or likely to become so;

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   (p)     any discharge save in accordance with a valid permit granted by the Public Health Board into any river, stream, water course, of any other industrial, other noxious matter, whether or not a prescriptive right has been acquired to any such pollution;

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   (q)     any workplace—

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      (i)     not ventilated so as to render harmless to the workers employed therein, all gases, vapours, dust or other impurities generated in the course of the work carried on therein, or

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      (ii)     so overcrowded as to be injurious to the health of the persons employed therein;

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   (r)     any chimney, incinerator or other fire sending forth smoke in such quantity as is calculated to be injurious to health or atmospheric pollution or including other gases, for the purposes of this paragraph smoke includes “grit and ashes”; (Amended by S.I. 17/2020)

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   (s)     an accumulation or deposit of solid waste of human or animal excreta; (Inserted by S.I. 17/2020)

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   (t)     an animal which is kept in such a manner as to become hazardous to health; (Inserted by S.I. 17/2020)

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   (u)     the carcass of an animal which is not buried or destroyed within 24 hours of the animal's death. (Inserted by S.I. 17/2020)

3A.   Nuisance prohibited

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   (1)   A person shall not cause or permit a nuisance on premises owned or occupied by that person.

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   (2)   A person shall not cause a nuisance on premises or aid or abet another person to cause or permit a nuisance on premises.

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      (Inserted by S.I. 17/2020)

4.   Abatement

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   (1)   The medical officer of health or environmental health officer on becoming aware of a nuisance shall serve on the person committing or permitting same, or upon the owner or occupier of the premises or in respect of which the nuisance exists or is liable to occur, a notice to abate or prevent the same within a specified time and, in addition, to do such things as may be necessary for that purpose. (Amended by S.I. 17/2020)

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   (2)   If for any reason the notice referred to in subregulation (1) of this regulation be not complied with and in addition to any proceedings which may be instituted against the person liable to conviction, the medical officer of health or environmental health officer shall report the matter to the Public Health Board. The Board shall cause the nuisance or threatened nuisance to be abated or prevented and may for this purpose authorise any person to enter the premises and do such things as may be necessary. (Amended by S.I. 17/2020)

Provided that when the Public Health Board is not sitting and the nuisance or threatened nuisance in the opinion of the medical officer of health should be immediately abated or prevented, the Public Health Board, on application of the medical officer of health exercise the powers conferred by the Public Health Board. (Amended by S.I. 17/2020)

5.   Expenses in connection with abatement

All expenses incurred by the medical officer of health in abating or preventing a nuisance may be recovered by the Board from the person by whose act the nuisance was caused or from the owner or occupier of the premises in which the nuisance existed. (Amended by S.I. 17/2020)

6.   Liability

The following persons are liable to conviction for an offence against these Regulations—

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   (a)     any person who aids another person to a nuisance;

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   (b)     any person who commits a nuisance;

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   (c)     any person who procures another person to commit a nuisance;

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   (d)     the owner or occupier of the premises who knowingly permits a nuisance to continue thereon.

7.   Penalties

Any person who commits an offence against these Regulations is liable on summary conviction to a fine not exceeding $5,000 or in default to imprisonment with hard labour for a term not exceeding 6 months. (Amended by S.I. 17/2020)

Public Health Regulations Offensive and Hazardous Trades – Section 9

(Statutory Instruments 80/2020 and 115/2020)

S.I. 11/1978 .. (Revoked by S.I. 80/2020)

S.I. 80/2020 .. in force 2 June 2020

Amended by S.I. 115/2020 .. in force 20 July 2020

ARRANGEMENT OF REGULATIONS

PUBLIC HEALTH REGULATIONS OFFENSIVE AND HAZARDOUS TRADES – SECTION 9

Commencement [2 June 2020]

1.   Citation

These Regulations may be cited as the Public Health (Offensive and Hazardous Trades) Regulations.

2.   Interpretation

In these Regulations —

“licensee” means a person to whom a licence has been issued under regulation 8;

“offensive or hazardous trade” includes —

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   (a)     curing or storing of hides;

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   (b)     chicken farming;

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   (c)     slaughtering of animals or poultry, operation of slaughterhouses, poultry processing establishments, poultry farming;

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   (d)     fat rendering;

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   (e)     fat melting, fat extracting or tallow melting;

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   (f)     lime making;

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   (g)     manufacturing of gases and other chemicals;

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   (h)     manufacturing of material for manure or fertilizer purposes;

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   (i)     soap-boiling or manufacture;

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   (j)     seville of offal boiling;

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   (k)     fiber glass works;

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   (l)     fish processing;

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   (m)     foam making;

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   (n)     glue, paint making or processing;

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   (o)     asbestos works;

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   (p)     bleach manufacturing or processing;

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   (q)     cement or cement products manufacturing;

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   (r)     quarrying;

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   (s)     spraying automobile, furniture or industrial spraying;

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   (t)     automobile repairs;

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   (u)     printing or photography trade;

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   (v)     jewellery repair or manufacturing;

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   (w)     joinery or wood works;

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   (x)     animal or pig farming, piggeries;

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   (y)     waste recycling activities;

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   (z)     incineration or use of incinerators;

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   (aa)     charcoal making;

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   (bb)     welding plants; and

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   (cc)     other activities which may adversely impact public health.

3.   Restriction on carrying on of offensive or hazardous trade

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   (1)   A person shall not establish or continue an offensive or hazardous trade unless that person holds a valid licence under these Regulations.

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   (2)     A person who contravenes subregulation (1) commits an offence and is liable on summary conviction to a fine not exceeding $5,000 or to a term of imprisonment not exceeding 6 months.

4.   Application for licence

1.  

   (1)   An application for a licence to establish or continue an offensive or hazardous trade is in the form set out as Form 1 in the Schedule.

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   (2)   In the case of an application to establish an offensive or hazardous trade, the application must be accompanied by detailed drawings and other technical specifications of the offensive or hazardous trade in a plan approved by the Board under regulation 5.

5.   Approval of plan

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   (1)   A plan submitted for approval under regulation 4(2) must —

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      (a)     be submitted in duplicate and be drawn to scale, of the whole of the premises in which the offensive or hazardous trade is to be carried on;

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      (b)     so far as the same may be applicable, contain particulars of —

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         (i)     the space allocated to the preparation, processing and storage of materials,

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         (ii)     the space allocated to the storage of finished articles,

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         (iii)     the sanitary fitments and drainage works,

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         (iv)     the passageways and open spaces,

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         (v)     the means of entry, exit and internal communication,

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         (vi)     the means of ventilation,

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         (vii)     the siting of substantial fittings, equipment and machinery,

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         (viii)     the means of storage and disposal of refuse,

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         (ix)     the type of finish to each wall and floor,

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         (x)     the means of control or disposal of noxious or injurious vapours, dust or effluents which is discharged in the carrying on of the offensive or hazardous trade or of waste or refuse arising from the offensive or hazardous trade, and

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         (xi)     the water supply; and

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      (c)     be accompanied by a statement in writing declaring —

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         (i)     the means whereby it is intended to control or dispose of noxious or injurious vapours, dust or effluents which are discharged in the carrying on of the offensive or hazardous trade or of waste or refuse arising therefrom; and

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         (ii)     where the premises at which the offensive or hazardous trade is to be carried on comprise part of a building which has more than one storey, which storey or storeys will be used.

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   (3)   If a plan is approved by the Board, one copy of the plan must be returned to the applicant and the other copy shall be retained by the Board.

6.   Inspection of premises

On receipt of an application, the Board shall —

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   (a)     cause the premises on which the offensive or hazardous trade will be carried out to be inspected by an environmental health officer or an officer authorized by the Board who shall make a report on the premises to the Board;

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   (b)     consider the report and representations of the owner or interested party of the offensive or hazardous trade.

7.   Grant or refusal of application

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   (1)   The Board may grant an application, with or without conditions or refuse to grant an application.

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   (2)   The Board shall not grant an application in respect of premises used or intended to be used in carrying on an offensive or hazardous trade unless the Board is satisfied in relation to the premises that —

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      (a)     the premises conform to the plan approved by the Board under regulation 5;

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      (b)     the methods to be used for the control or disposal of any noxious or injurious vapours, dust or effluents which may be discharged in the carrying on of the offensive or hazardous trade or of waste or refuse arising from the noxious or injurious vapours, dust or effluents are adequate;

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      (c)     the means of ventilation provided, whether natural or mechanical or partly natural and partly mechanical, are sufficient in every part of the premises, other than any part used exclusively for storage purposes, to safeguard in that respect the maximum number of persons likely to be in such part of the premises at any one time;

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      (d)     sanitary fitments are provided to a standard not less than that required by the Bureau of Standards; but, in the case of other premises, the Board may approve a lesser standard as it may consider adequate, having regard to considerations of public health and the circumstances of the case;

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      (e)     the premises are equipped with potable water under pressure, but if the Board is satisfied that access to the potable water supply by the Water and Sewerage Company Inc. cannot reasonably be obtained for all or any purposes, the Board may approve another water supply that it considers adequate, having regard to considerations to public health;

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      (f)     subject to subregulation (3), all floors in every part of the premises in which materials are prepared, processed or stored are rendered smooth and impervious on the surface and slope evenly towards drainage outlets;

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      (g)     all floors under paragraph (f) are drained, by means of removable galvanized gratings, into glazed or smooth cement channels which discharge into trapped drainage openings;

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      (h)     subject to subregulation (3), all walls in every part of the premises in which materials are prepared, processed or stored are rendered smooth and impervious to a height of not less than 2 m and the junctions between the walls and floors are coved;

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      (i)     in the case of any premises used or intended to be used for the carrying on of an offensive or hazardous trade involving the processing or treatment of materials containing fat, all drainage outlets are fitted with a grease trap;

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      (j)     the storage space provided is sufficient to contain all materials required for use in the business which are likely to be in stock at any one time;

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      (k)     where the premises comprise part of a building which has more than one storey, the other storeys of such building are adequately protected against nuisances arising from the carrying on of the offensive or hazardous trade;

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      (l)     the carrying on of the offensive or hazardous trade is not, or is not likely to be, a nuisance or danger to members of the public; and

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      (m)     any heating equipment provided is properly installed and, having regard to the nature of the premises, is not likely to be dangerous.

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   (3)   If the Board is satisfied that compliance with subregulation (2)(f) or (h) is not necessary in any particular case having regard to the nature of the materials prepared, processed or stored, the Board may in writing exempt a person from the application of subregulation (2)(f) or (h).

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   (4)   f the Board grants an application with conditions or refuses an application, the Board shall state the reasons for the conditions or refusal.

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   (5)   Within twenty-one days the person may make representations in writing to the Board objecting to the grant with conditions or refusal of the application and the Board shall not determine the matter without considering the representations.

8.   Issue or renewal of licence

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   (1)   If the Board grants an application, the Board shall issue a licence.

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   (2)   A licence issued under subregulation (1) must contain —

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      (a)     the date of issue;

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      (b)     the name of the licensee;

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      (c)     the location of the premises to which it relates;

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      (d)     state the nature of the offensive or hazardous trade to which it relates; and

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      (e)     the conditions, if any, under which the offensive or hazardous trade may be carried on.

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   (3)   A licence issued under this regulation is in the form set out as Form 2 in the Schedule.

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   (4)   On the expiration of a licence, an application may be made for the renewal of the licence.

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   (5)   An application for renewal of a licence must be in the form set out as Form 1 in the Schedule.

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   (6)   Regulation 7 applies to the grant or refusal of renewal of a licence.

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   (7)   If the Board grants an application for renewal of a licence, the Board shall issue a licence under subregulation (3).

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   (8)   When renewing a licence, the Board may vary the conditions attached to the licence and may impose additional conditions.

9.   Duration of licence

A licence must be granted for a period not exceeding one year and expires on the 31^st day of December in each year.

10.   Non-transferability

A licence is non-transferable to another location.

11.   Display of licence

A licensee shall keep the licence affixed in some conspicuous place on the premises to which it relates.

12.   Duplicate licence

If the Board is satisfied that a licence issued under these Regulations has been lost, defaced or destroyed, the Board may issue to the licensee a duplicate licence on like terms and conditions.

13.   Cancellation or suspension of the licence

The Board may cancel or suspend a licence issued under these Regulations on being satisfied that —

1.  

   (a)     any provision of these Regulations has been contravened; or

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   (b)     the continuation of the licence is detrimental to the public health.

14.   Daily cleaning

A licensee shall —

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   (a)     at the close of every day cause all fat, tallow, grease, refuse or filth which has been spilled or splashed or has fallen or been deposited on any floor, pavement or wall of the premises where offensive or hazardous trade is carried on —

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      (i)     to be collected from the floor, pavement or wall of the premises by scraping or some other effectual method of cleansing; and

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      (ii)     unless it is intended to be subjected to further offensive or hazardous trade processes on the premises, to be immediately removed from the premises; and

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   (b)     keep all apparatus used in its offensive or hazardous trade in a clean condition at all times.

15.   Repair

A licensee shall, at all times, cause all parts of the premises to which the licence relates, and all fittings, equipment and sanitary fitments on the premises, to be maintained in proper repair and in a clean condition and free from noxious or injurious matter which may fall or be splashed on the premises.

16.   Use of premises for sleeping purposes

1.  

   (1)     A person, other than a caretaker of the premises, shall not sleep in any part of the premises used in connection with an offensive or hazardous trade.

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   (2)     If any part of the premises is used by the caretaker of the premises for sleeping purposes, that part of the premises shall be partitioned off from the remainder of the premises to the satisfaction of the Board, and no part of the offensive or hazardous trade shall be carried on and no storage of raw materials or finished products shall be permitted in that partitioned part of the premises.

17.   Restrictions as to certain persons

A person under the age of 15 years shall not be permitted on premises licensed for the carrying on of an offensive or hazardous trade.

18.   Power to grant exemption

The Board may exempt a licensee by endorsement on his or her licence from all or any of the provisions in these Regulations.

19.   Fees

The fee for a licence issued under these Regulations is $10.

(Substituted by S.I. 115/2020)

20.   Offence and penalty

1.  

   (1)   A person shall not —

   1.  

      (a)     contravene these Regulations;

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      (b)     fail to comply with a notice or direction issued or given under these Regulations; or

   1.  

      (c)     hinder or obstruct an authorised person in carrying out his or her duties under these Regulations.

1.  

   (2)   A person who contravenes subregulation (1) commits an offence and is liable on summary conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both fine and imprisonment.

21.   Revocation

The Public Health (Offensive Trades) Regulations are revoked.

Schedule

FORM 1

(Regulation 4 and 8(5))

APPLICATION FOR LICENCE/RENEWAL OF LICENCE

FORM 2

(Regulation 8(3) and (7))

LICENCE TO OPERATE

Public Health (Communicable and Notifiable Diseases) Regulations – Section 9

(Statutory Instruments 12/1978, 21/1991 and 19/2020)

S.I. 12/1978 .. in force 1 April 1978

Amended by S.I. 21/1991 .. in force 20 April 1991

Amended by S.I. 19/2020 .. in force 24 February 2020

ARRANGEMENT OF REGULATIONS

PUBLIC HEALTH (COMMUNICABLE AND NOTIFIABLE DISEASES) REGULATIONS – SECTION 9

Commencement [1 April 1978]

1.   Citation

These Regulations shall be cited as the Public Health (Communicable and Notifiable Diseases) Regulations.

2.   Interpretation

In these Regulations—

“carrier” means a person or animal who without symptoms or apparent signs of a communicable disease harbours the specific infective agent and may serve as a source of infection;

“communicable disease” means any disease specified in Schedule 1;

“contact” means a person who has presumably been exposed to risk of infection from a communicable disease and is within the incubation period of the disease;

“disinfection” means the destroying of pathogenic agents by chemical physical or other means;

“hospital” means any premises or vessel for the reception of patients whether permanently or temporarily used for that purpose, and shall include a nursing home registered as such under the Nursing Home Law;

“isolation” means the separation of an infected person from other persons in such a manner as will prevent the direct or indirect conveyance or transmission of infecting agents or organisms to other persons;

“isolation station” includes any hospital, house or part of a house or place in which any patient or contact is isolated;

“notifiable disease” means any disease specified in Schedules 1 and 2;

“public building” means a building used or constructed or adapted to be used, either ordinarily or occasionally as a church or chapel or other place of public worship, or as a hospital almshouse, college, school, theatre, public concert room, public ball room, public lecture room or public exhibition room, or as a public place of assembly, for persons admitted thereto by tickets or any other place used for any public purpose;

“venereal disease” means gonorrhoea, gonorrheal opthalmia, syphilis, soft chancre venereal warts, granulomar inguinale, lymphoranuloma.

3.   Duty of occupier etc., to consult or inform a medical practitioner

Whenever any member of a family, inmate, or employee of any premises is suffering from any sickness of which the symptoms create a reasonable suspicion that it is a notifiable disease it shall be the duty of the occupier or other person for the time being in charge of the premises to consult a medical practitioner or to inform the medical officer of health within 24 hours.

4.   Medical practitioner to give notice of notifiable disease

1.  

   (1)   Every Medical Practitioner who has reason to believe that any person professionally attended by him or her is suffering from a notifiable disease shall forthwith inform the occupier of the premises and every person necessary or in immediate attendance on the patient of the infectuous nature of the disease and the precautions to be taken and forthwith give notice in the prescribed form to the medical officer of health.

1.  

   (2)   Where in any hospital any person is found by any doctor employed or engaged or attached (whether in an honorary capacity or otherwise) thereto to be suffering from, or is suspected to be suffering from, a notifiable disease, the Senior Medical Officer in charge of the hospital shall forthwith give notice in the prescribed form to the medical officer of health.

1.  

   (3)   Every Medical Practitioner who by post-mortem examination or other wise becomes aware or suspects that any deceased person was affected with a notifiable disease shall forthwith give notice in the prescribed form to the medical officer of health.

1.  

   (4)   When any person on board a ship in territorial waters is suffering from any sickness of which the signs and symptoms create a reasonable suspicion that it is a notifiable disease it shall be the duty of the Master of the ship to notify the medical officer of health of the existence in accordance with the Quarantine Act. (Amended by S.I. 19/2020)

4A.   Other circumstances under which notice required

1.  

   Without prejudice to regulation 4, a notice to the medical officer or health is required —

   1.  

      (a)     when a person discovers a notifiable disease or condition as a result of a biopsy;

   1.  

      (b)     when a blood test conducted by an employee of a blood laboratory service reveals a notifiable disease or condition;

   1.  

      (c)     when a death certificate indicates that a deceased person had a notifiable disease or condition at the time of death; and

   1.  

      (d)     where in a hospital a person is found to be suffering from, or is suspected to be suffering from, a notifiable disease by a medical practitioner or nurse employed or engaged or attached to the hospital and the nurse responsible for infection control shall immediately provide the notice.

(Inserted by S.I. 19/2020)

4B.   Information for the notice

1.  

   A notice under regulations 4 and 4A must, to the extent possible include the following information —

   1.  

      (a)     the name, age, address, ethnicity and sex of the person who is the subject of the notice;

   1.  

      (b)     the name of the notifiable disease or condition or the illness that is being notified;

   1.  

      (c)     clinical and epidemiological details pertinent to the diagnosis and follow-up of the person who is the subject of the notice;

   1.  

      (d)     the name and profession of, and contact information for, the person making the notice; and

   1.  

      (e)     additional information required by the Chief Medical Officer for case management and prevention of transmission of the notifiable disease or condition or the illness.

(Inserted by S.I. 19/2020)

4C.   Records required to be provided

1.  

   (1)   A principal of a public school and an operator of a private school shall, on the request of the medical officer of health, provide to the medical officer of health a copy of a school record, such as an absentee report and a class list.

1.  

   (2)   A director of a day care facility shall, on the request of the medical officer of health, provide to the medical officer of health a copy of a record, such as an attendance record, daily log, infant and toddler records, and a menu.

(Inserted by S.I. 19/2020)

4D.   Notification of certain diseases

1.  

   A person who is suspicious of the existence of, or has diagnosed, a disease listed in Part 2 of Schedule 2 shall notify the medical officer of health within 24 hours of the suspicion or diagnosis.

(Inserted by S.I. 19/2020)

5.   Notification forms and fee in respect of notification

1.  

   (1)   The Ministry of Health may prescribe forms for the purpose of notification. They shall be used in all cases to which they apply and all information and all particulars required by each form shall be given by the person compiling the form.

1.  

   (2)   The Ministry of Health shall upon application by a Medical Practitioner supply him or her gratuitously with such forms.

1.  

   (3)   Every Medical Practitioner not being a medical officer of health shall be entitled to a fee of $50 in respect of each notification made by him or her to the medical officer of health. (Amended by S.I. 19/2020)

6.   Duties and powers of medical officer of health in respect of notifiable disease

1.  

   (1)

   1.  

      (a)     The medical officer of health on receiving notice of a notifiable disease shall forthwith take such steps as are necessary to satisfy himself or herself of the diagnosis and as soon as he or she is satisfied or if he or she remains doubtful as to the diagnosis he or she shall forthwith forward the notification to the Ministry of Health.

   1.  

      (b)     The medical officer of health shall keep an accurate record in writing or—

      1.  

         (i)     all cases or suspected cases of notifiable disease reported to him or her, and

      1.  

         (ii)     of which he or she has knowledge.

1.  

   (2)   The medical officer of health shall have power—

   1.  

      (a)     generally to take all steps necessary for giving effect to these Regulations;

   1.  

      (b)     to enter any premises;

   1.  

      (c)     to examine and inspect any premises and do such things therein or thereto as may be necessary for preventing the spread of disease;

   1.  

      (d)     to examine or treat or immunise or cause to be examined or treated or immunised any case or suspected case or carrier of a communicable disease;

   1.  

      (e)     to examine or treat or immunise or cause to be examined or treated or immunised any contact;

   1.  

      (f)     to isolate contacts or persons attending on a case or carrier or to place them under surveillance, subject to such conditions as the medical officer of health considers necessary. Isolation may be substituted at any time instead of surveillance if the medical officer of health is satisfied that the conditions of surveillance are not being complied with;

   1.  

      (g)     to isolate any person suffering from a communicable disease either in the house in which he or she is residing or elsewhere until such time as the patient is no longer infectious;

   1.  

      (h)     to disinfect or destroy any clothes, bedding, or other article belonging to a patient or contact which he or she believes capable of transmitting disease;

   1.  

      (i)     to declare any premises in which a person suffering from a communicable disease resides to be an infected place and to affix a notice to that effect;

   1.  

      (j)     to order the evacuation of any premises or house;

   1.  

      (k)     to order removal of any person suffering from a communicable disease from a ship to an isolation station or hospital;

   1.  

      (l)     to order the removal to hospital and detention in hospital of any person suffering from a communicable disease until such time as he or she is satisfied that the person is no longer infectious;

   1.  

      (m)     to isolate or detain in hospital or elsewhere any person suffering from a communicable disease or any carrier who is capable of taking proper precautions to prevent the spread of disease or to provide himself or herself with proper accommodation or care;

   1.  

      (n)     to enter any school and immunise any child or teacher;

   1.  

      (o)     to prohibit the sale of any food or milk or ice when he or she believes the consumption of such is likely to cause a communicable disease;

   1.  

      (p)     to order the anatomical examination of the body of any person who has died or is believed to have died from a communicable disease;

   1.  

      (q)     to order the burial within a specified time of the body of any person who has died or is believed to have died from a communicable disease.

7.   Duties of public health nurse and environmental health inspector

The Public Health Nurse and environmental health officer or other persons authorised by the medical officer of health shall have power to—

1.  

   (a)     enter any premises at any time for the purpose of giving effect to the Law and Regulations or directive of the medical officer of health;

1.  

   (b)     immunise or treat any case or contact or other person if so directed by the medical officer of health;

1.  

   (c)     enter any school and immunise any child or teacher.

1.  

   (Amended by S.I. 19/2020)

8.   Offences

A person shall not—

1.  

   (a)     while suffering from a communicable disease expose himself or herself in any public place, or public resort, or enter any public conveyance;

1.  

   (b)

   1.  

      (i)     knowing or suspecting that he or she is suffering from a communicable disease or is a carrier engage in any of the trades or callings specified in Schedule 3,

   1.  

      (ii)     employ a person, knowing that he or she is a person suffering or suspected to be suffering from one of the diseases mentioned in the Schedule, in any of the trades or callings mentioned in schedule 3;

1.  

   (c)     knowing or suspecting that he or she is suffering from, or is a contact, or is a carrier of a communicable disease, enter or take or use any book, magazine or paper from any public library;

1.  

   (d)     enter any house in which a person has died from a communicable disease before such house has been disinfected to the satisfaction of the medical officer of health;

1.  

   (e)     enter or leave any isolation station in which a patient or contact suffering from a communicable disease is isolated until and unless authorised to do so;

1.  

   (f)     being the parent or guardian of a child suffering or suspected to be suffering from a communicable disease or a contact, permit such child to attend any school without first having procured from a medical practitioner or medical officer a certificate stating that, in his or her opinion, the child may attend school without undue risk of communicating the disease to others;

1.  

   (g)     being the head teacher of any school—

   1.  

      (i)     knowing or suspecting any child in the school is suffering from a communicable disease, permit such child to attend school until a certificate is presented to him or her signed by a registered medical practitioner stating that in his or her opinion the child may attend school without undue risk of communicating the disease to others,

   1.  

      (ii)     accept on first entry into any such school any child under 6 years unless such child is in possession of a certificate signed by a registered medical practitioner or a person duly authorised by him or her for the purpose that he or she has been immunized against the diseases specified in Schedule 4,

1.  

   Provided that a certificate of immunization against any of the diseases specified in Schedule 4 shall not be required in the case of a child—

   1.  

      (a)     who is in possession of a certificate from a registered medical practitioner stating that the child has suffered from any such disease or that immunization against any such disease is not advisable on medical grounds; or

   1.  

      (b)     (Deleted by S.I. 19/2020)

1.  

   (h)     give, lend, sell, transmit, or expose without previous disinfection, any article which has been exposed to infection;

1.  

   (i)     return to any library any book or paper or magazine which he or she knows has been exposed to infections from a communicable disease, but shall give notice as to having such a book in his or her possession to the medical officer of health;

1.  

   (j)     take or send to any laundry any bedding, clothes or other articles which he or she knows to have been exposed to infection from a communicable disease unless they have first been disinfected to the satisfaction of the medical officer of health;

1.  

   (k)     cast or permit to be cast into dust bin any rubbish or refuse from any house in which there is a case of communicable disease unless it has been previously disinfected to the satisfaction of the medical officer of health;

1.  

   (l)     fail on giving up the occupancy of a house in which there has been residing within the previous 8 weeks a person suffering from a communicable disease, to—

   1.  

      (i)     have such house and all articles therein disinfected to the satisfaction of the medical officer of health,

   1.  

      (ii)     give to the owner notice of the existence of such a person,

   1.  

      (iii)     answer truthfully any question of the owner as to the existence of such a person;

1.  

   (m)     let for hire any house knowing that there has been a person suffering from a communicable disease residing therein within the previous 8 weeks until the house and all articles therein have been disinfected to the satisfaction of the medical officer of health;

1.  

   (n)     when letting a house for hire, make a false statement as to the presence or absence of a person suffering from a communicable disease within the previous 8 weeks having resided therein;

1.  

   (o)

   1.  

      (i)     hire or use any public conveyance or hearse for conveying the body of a person who has died from a communicable disease without first so informing the owner or driver,

   1.  

      (ii)     being the owner or driver of such conveyance or hearse fail to report the same to the medical officer of health;

1.  

   (p)     fail to bury within 12 hours the body which is under his or her care or keeping, of any person who has died from a communicable disease unless the medical officer of health has so sanctioned;

1.  

   (q)     hold or attend any wake over the body of a person who has died from a communicable disease;

1.  

   (r)     remove the body of a person who has died from a communicable disease in a hospital or isolation station without permission of the medical officer of health, and then only—

   1.  

      (i)     direct to the place of interment, or

   1.  

      (ii)     to a mortuary,

1.  

   the medical officer of health in granting permission may impose such conditions as appear necessary to him or her.

9.   Powers of Public Health Board in Respect of Communicable Diseases

The Public Health Board with the advice of the Chief Medical Officer or medical officer of health shall have power to do any of the following—

1.  

   (a)     establish suitable places as isolation stations or hospitals or convalescent home;

1.  

   (b)     provide treatment and medical facilities for persons suffering from communicable disease, or contacts or carriers;

1.  

   (c)     provide ambulance and other vehicles considered necessary;

1.  

   (d)     provide premises and the necessary equipment for the disinfection or destruction of infected articles;

1.  

   (e)     provide temporary accommodation for persons compelled to leave their dwelling for the purpose of it being cleaned and disinfected;

1.  

   (f)     provide for the removal, disinfection or destruction of rubbish, refuse or garbage from a house in which there is a person suffering from a communicable disease;

1.  

   (g)     cleanse and disinfect any premises and articles therein;

1.  

   (h)

   1.  

      (i)     disinfect or destroy any infected article,

   1.  

      (ii)     pay compensation for any article destroyed or damaged;

1.  

   (i)     provide suitable places for the reception and internment of the dead;

1.  

   (j)     prohibit or limit the attendance at any school or public building of children or other persons if in the opinion of the Ministry of Health conditions there are likely to prejudice the public health.

10.   Expenses

All expenses incurred by the Public Health Board in relation to communicable disease control shall be met from the Minister of Health.

11.   Powers of Police

It is to be the duty of the police to enforce (using force if necessary) compliance with these Regulations and with any order, instructions, or condition made, given, or imposed by any officer or other person under authority of the law or regulations and for such purpose any police officer may enter any premises without a warrant.

12.   Penalties

Any person who contravenes any of the provisions of these Regulations commits an offence and on summary conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both such fine and imprisonment. (Amended by S.I. 19/2020)

Schedule 1

(Regulation 2)

COMMUNICABLE DISEASES

1.     Influenza Virus of Pandemic Potential

2.     Tuberculosis

3.     Diphtheria

4.     Pertussis/Whooping Cough

5.     Neisseria meningitides infections

6.     S. pneumonia infections

7.     Haemophilus influenza infections

8.     Coronaviruses-Severe Acute Respiratory Syndrome (SARS CoV) Middle East Respiratory Syndrome (MERS CoV)

9.     Mumps

10.     Measles

11.     Scabies

12.     Chicken pox

13.     Pediculosis

14.     Tinea coporis and Tinea capitis

15.     Dengue virus

16.     Zika virus

17.     Yellow fever virus (Urban or Sylvatic)

18.     Chikungunya virus

19.     Haemorrhagic Fevers (Ebola virus, Lassa, Marburg, Crimean-Congo)

20.     Anthrax

21.     Acute flaccid paralysis

22.     Botulism

23.     Brucellosis

24.     Campylobacteriosis

25.     Chlamydia

26.     Clostridum Difficile

27.     Congenital Rubella Syndrome

28.     Creutzfeld-Jakob Disease-classic (CJC)

29.     Creutzfeld-Jakob Disease-new variant (vCJC)

30.     Cryptoporidiosis

31.     Cyclosporiasis

32.     Diphtheria

33.     Giardiasis

34.     Gonorrhea

35.     Group A – Streptococcal Disease Invasive

36.     Group B – Streptococcal Disease of the newborn

37.     Verotoxigenic Escherichia Coli Infection.

(Substituted by S.I. 19/2020)

Schedule 2

PART 1

(Regulation 2)

NOTIFIABLE DISEASES

1.     Cholera*

2.     Coronaviruses – Severe Acute Respiratory Syndrome (SARS CoV) Middle East Respiratory Syndrome (MERS CoV)

3.     Hendra Virus Infection

4.     Influenza* – (Seasonal and pandemic)

5.     Malaria

6.     Nipah Infection

7.     Plague*

8.     Polio*

9.     Rift Valley Fever

10.     Small pox* and human monkey pox

11.     Tuberculosis (Pulmonary and Extra pulmonary)

12.     Tularaemia

13.     Viral Haemorrhagic Fevers (Ebola virus, Lassa, Marburg, Crimcan-Congo)

14.     Yellow Fever (Urban or Sylvatic)*

15.     Zika

16.     Diseases subject to the International Health Regulations

17.     Chikungunya virus

18.     Chlamydia

19.     Ciguatera Poisoning

20.     Dengue Fever

21.     Drug resistance organisms (MRSA, ESBL, etc.)

22.     Foodborne Illness

23.     Gonorrhoea

24.     Hepatitis A & C

25.     HIV and AIDS

26.     Leprosy (Hansen's Disease)

27.     Leptospirosis

28.     Meningococcal Infection (due to Neisseria meningitidis)

29.     Rabies (in humans)

30.     Scabies

31.     Syphilis

32.     Typhoid and Paratyphoid Fevers

33.     Viral Encephalitis / Meningitis

34.     West Nile virus

35.     Zika virus

36.     Zoonotic Diseases (e.g.     Rabies, etc.)

37.     Bacterial Meningitis —

     (a)     Meningitis Haemophilus Influenzae

     (b)     Tuberculosis Meningitis

     (c)     Non-Specific Meningitis

     (d)     Neisseria Meningitidis Meningitis

38.     Chicken Pox

39.     Diphtheria

40.     Hepatitis B

41.     Measles

42.     Mumps

43.     Neonatal Tetanus

44.     Poliomyelitis

45.     Tetanus

46.     Whooping Cough

47.     Schistosomiasis/Bilharzia.

PART 2

(Regulation 4D)

DISEASES TO BE NOTIFIED WITHIN TWENTY-FOUR
HOURS OF SUSPICION OR DIAGNOSIS

1.     Cholera

2.     Influenza – (Seasonal and pandemic)

3.     Plague

4.     Polio

5.     Small pox and human monkey pox

6.     Yellow Fever (Urban or Sylvatic)

7.     Diphtheria

8.     Pertussis/Whooping Cough

9.     Rubella

10.     Neisseria meningitides infections

11.     S. pneumonia infections

12.     Haemophilus influenza infections

13.     Mumps

14.     Measles

15.     Haemorrhagic Fevers (Ebola virus, Lassa, Marburg, Crimean-Congo)

16.     Tuberculosis

17.     Norovirus

18.     Anthrax

19.     Coronaviruses-Severe Acute Respiratory Syndrome (SARS CoV), Middle East Respiratory Syndrome (MERS CoV)

20.     Maternal death*

*     An event to be notified within 24 hours of suspicion or diagnosis

(Amended by S.I. 21/1991 and substituted by S.I. 19/2020)

Schedule 3

(Regulation 8(b)(i))

1.  

   Trades or callings in which a person who knows or suspects that he or she is suffering from a communicable disease, or is a carrier, shall not engage or be employed or undertake without a certificate from a medical practitioner —

   1.  

      (a)     Any trade or calling in which the person handles or comes in contact with articles of food or drink, drugs, medicines or tobacco;

   1.  

      (b)     Any situation, calling or employment in which the person comes in contact with cows or other animals kept for the purpose of furnishing milk;

   1.  

      (c)     any trades or calling in which the person handles or comes in contact with wearing apparel;

   1.  

      (d)     Barber, hairdresser or beautician;

   1.  

      (e)     Driver of a public passenger vehicle;

   1.  

      (f)     nurse, medical practitioner, dentist, pharmacist, allied health practitioner and other health practitioners who are involved in direct patient care. (Amended by S.I. 19/2020)

1.  

   The disease suffered or suspected includes —

1.     Influenza Virus of Pandemic Potential

2.     Tuberculosis

3.     Diphtheria

4.     Pertussis/Whooping Cough

5.     Rubella

6.     Neisseria meningitides infections

7.     Coronaviruses-Severe Acute Respiratory Syndrome (SARS CoV) Middle East Respiratory Syndrome (MERS CoV)

8.     Chicken pox

9.     Pediculosis

10.     Haemorrhagic Fevers (Ebola virus, Lassa, Marburg, Crimean-Congo)

11.     Anthrax

12.     Hepatitis A

13.     Giariduasis

14.     Norovirus

15.     Shigella

16.     Salmonella

17.     Cholera

(Amended by S.I. 19/2020)

Public Health (Barber) Regulations – Section 9

(Statutory Instruments 13/1978 and 37/2020)

S.I. 13/1978 .. in force 1 April 1978

Amended by S.I. 37/2020 .. in force 23 March 2020

ARRANGEMENT OF REGULATIONS

PUBLIC HEALTH (BARBER) REGULATIONS – SECTION 9

Commencement [1 April 1978]

1.   Citation

These Regulations shall be cited as the Public Health (Barber) Regulations.

2.   Interpretation

In these Regulations—

“barber” includes a hairdresser, manicurist, pedicurist, or any other person whose service is available to the public in a barber shop;

“barber shop” includes any premises whether habitually or occasionally used as a ladies' hairdressing saloon or a beauty parlour;

“proprietor” is a person who owns a barber shop.

3.   Application for Registration

1.  

   (1)   Every application for registration shall be in writing and shall contain—

   1.  

      (a)     the full name of the applicant;

   1.  

      (b)     the address and location of the proposed premises, and shall be accompanied by 2 photographs of the applicant taken within 3 weeks of the date of the application. The application shall be lodged in the office of the Public Health Board.

1.  

   (2)   The Public Health Board before granting a certificate of registration shall cause the proposed premises to be examined by an environmental health officer who shall make a report to the Board in the form set out as Form 1 in the Schedule. (Amended by S.I. 37/2020)

1.  

   (3)   The Public Health Board on consideration of an application for registration may—

   1.  

      (a)     grant a licence in respect of the application; or (Amended by S.I. 37/2020)

   1.  

      (b)     inform the applicant of any conditions which shall be complied with or remedied before the granting of such licence; or (Amended by S.I. 37/2020)

   1.  

      (c)     refuse the application.

1.  

   (4)   The Public Health Board shall refuse the granting of a certificate where—

   1.  

      (a)     the Board is satisfied that the applicant is at the time suffering from a communicable or notifiable disease, within the meaning of the regulations made under the Act; or

   1.  

      (b)     the Board is of the opinion that the premises in respect of which application has been made is in an unsanitary condition; or

   1.  

      (c)     the Board is of the opinion that there has been a failure to comply with any of the regulations contained herein; or

   1.  

      (d)     a valid certificate of health as prescribed by these regulations has not been obtained,

1.  

   a licence to operate issued to the applicant is issued in the form set out as Form 2 in the Schedule, on payment of a fee of $150 and the fee is non-transferable. (Substituted by 37/2020)

1.  

   (5)   The Public Health Board may at any time suspend or cancel the registration of the premises upon being satisfied that any of the grounds mentioned in these Regulations have taken place or that any other breach of the regulations have been permitted.

4.   Premises ceasing to be used as barber shop

1.  

   (1)   When a person at whose instance any premises has been registered ceases to use the premises for the purpose of a barber shop, he or she shall within 7 days of so doing—

   1.  

      (a)     give to the medical officer (health) written notice that he or she has ceased to use the premises;

   1.  

      (b)     deliver to the medical officer (health) for purposes of cancellation the licence. (Amended by S.I. 37/2020)

1.  

   (2)   When the registration of any premises has been cancelled or suspended the person at whose instance it was registered shall deliver up the licence within 7 days to the medical officer (health). (Amended by S.I. 37/2020)

5.   Premises — Hygiene and Sanitation

Every barber shop shall have—

1.  

   (a)     all the walls and ceilings so prepared and painted that it may be kept in a clean state;

1.  

   (b)     proper and sufficient lighting and ventilation; and

1.  

   (c)     a sufficient number of wash basins and a supply of clean water for the use of the barber, his or her assistants and customers; and

1.  

   (d)     proper and sufficient sanitary conveniences.

6.   Duties of Barbers

1.  

   (1)   Every person carrying on the business of a barber shop and every person performing the duties of a barber shall be responsible for and observe the following requirements—

   1.  

      (a)     all furnishings and fixtures shall be kept clean and free of dust at all times; and

   1.  

      (b)     the floors of the barber shop shall be swept and mopped every day and shall be kept free from hairs; and

   1.  

      (c)     all tools and appliances used shall be sterilized after each use on each person by immersion in boiling water for a period of 13 minutes or by any other method approved by the medical officer of health or environmental health inspector; (Amended by S.I. 37/2020)

   1.  

      (d)     no soap, cream, or lathering appliances containing any harmful or injurious property or ingredient shall be used for shaving purposes; and

   1.  

      (e)     on the back of each chair used for the purpose of hair dressing or shaving there shall be placed a sheet of clean paper or a fresh sterilized towel so as to provide a cover for the head rest and a fresh clean sheet of paper or a sterilized towel shall be used for each customer;

   1.  

      (f)     fresh separate clean neck bands or clean towels shall be placed around the neck of each customer or immediately under the hair cloth and no neck band or towel may be used for more than one person;

   1.  

      (g)     powder puffs or sponges shall not be used;

   1.  

      (h)     alum or other materials used to stop the flow of blood shall be used in powdered form only and shall be applied with a sterile cotton swab which shall be discarded after use;

   1.  

      (i)     no person on whose face there is a rash or who has any infectious disease of the scalp shall be shaved or have his or her hair dressed.

1.  

   (2)   Every person performing the duties of a barber shall—

   1.  

      (a)     wear a light quality coat of washable material which shall be kept clean and worn only in the barber shop;

   1.  

      (b)     thoroughly cleanse his or her hands immediately before attending to each customer;

   1.  

      (c)     not perform the duties of a barber while he or she knows or suspects that he or she is suffering from a communicable disease.

7.   Health Certificate

1.  

   (1)   A person shall not perform the duties of a barber unless he or she is registered and has a certificate of health issued or renewed by a medical officer of health. (Substituted by S.I. 37/2020)

1.  

   (2)   A person who performs the duties of a barber shall register and make an application to the Ministry responsible for health for a certificate of health. (Substituted by S.I. 37/2020)

1.  

   (3)   A person may obtain a certificate of health by registering with the Ministry responsible for health and must submit —

   1.  

      (a)     two passport sized photos;

   1.  

      (b)     a valid Government issued identification card;

   1.  

      (c)     the following fees to be paid to the Accountant General —

      1.  

         (i)     a registration fee of $20 for new applicants,

      1.  

         (ii)     a fee of $20 for a renewal, and

      1.  

         (iii)     a fee of $30 for a replacement certificate, if the certificate is lost or damaged.

1.  

   (Inserted by S.I. 37/2020)

1.  

   (4)   A certificate of health issued by a medical officer of health must be in the form set out in Form 3 of the Schedule and stamped by the medical officer of health issuing the certificate, and must be returned to the Ministry responsible for health for validation, and completion of the registration process. (Inserted by S.I. 37/2020)

1.  

   (5)   A certificate of health expires on the 30^th day of June or the 31^st day of December in each year. (Inserted by S.I. 37/2020)

1.  

   (6)   A barber shall keep a certificate of health at the barber shop and make it available for inspection by an authorized officer of the Ministry responsible for health. (Inserted by S.I. 37/2020)

8.   Employment of other persons to conform with Regulations

No proprietor shall knowingly employ any person in his or her establishment unless such person conforms to the conditions prescribed by these Regulations.

9.   Power of medical officer of health to call for Examination of Barbers

1.  

   (1)   Any person who intends to engage or is engaged in the trade of a barber shall, when called upon by the medical officer of health submit himself or herself to such medical examination at such time and place as may be specified by the medical officer of health. After such examination the medical officer of health, if it is so found, shall issue free of charge to the person examined a certificate stating that at the time of the examination he or she was free of any communicable disease. The validity of such certificate shall be for the duration stated thereon.

1.  

   (2)   When the medical officer of health discovers a person to be suffering from a communicable disease such person shall cease to be engaged in the trade of a barber, he or she shall immediately deliver up his or her licence to the medical officer of health until such time as he or she has been certified by the medical officer of health that the disease is no longer communicable.

10.   Display of licence

1.  

   (1)   The licence of a barber shop shall be conspicuously located in the barber shop. (Amended by S.I. 37/2020)

1.  

   (2)   Copies of regulations 8 and 9 shall be placed in a conspicuous place on the wall of the barber shop.

1.  

   (Amended by S.I. 37/2020)

11.   Non Compliance

Where in respect of any premises any act or thing is by any of these Regulations either declared to be prohibited or prescribed to be done, the duty rests upon the applicant who holds a certificate of registration and where the prohibition or prescription is one in which a failure or non compliance thereof can be fairly attributed to the person who holds the certificate then both the applicant and that person is liable to be prosecuted.

12.   Penalty

Any person who commits an offence against the regulations is liable on summary conviction to a fine not exceeding five thousand dollars or in default to imprisonment with hard labour for a term not exceeding six months. (Amended by S.I. 37/2020)

Schedule

FORM 1

(Regulation 3(2))

BARBER SHOP INSPECTION FORM

MINISTRY OF HEALTH

ENVIRONMENTAL HEALTH DIVISION

DEMERIT SCORE SHEET

(Inserted by S.I. 37/2020)

FORM 2

(Regulation 3)

LICENCE TO OPERATE

(Inserted by S.I. 37/2020)

FORM 3

(Regulation 7(5)(a))

CERTIFICATE OF HEALTH

(Inserted by S.I. 37/2020)

Public Health (Water Quality Control) Regulations – Section 9

(Statutory Instruments 14/1978 and 58/2020)

S.I. 14/1978 .. in force 1 April 1978

Amended by S.I. 58/2020 .. in force 14 April 2020

ARRANGEMENT OF REGULATIONS

PUBLIC HEALTH (WATER QUALITY CONTROL) REGULATIONS – SECTION 9

Commencement [1 April 1978]

1.   Citation

These Regulations shall be cited as the Public Health (Water Quality Control) Regulations.

2.   Interpretation

For the purposes of these Regulations—

“Authority” (Deleted by S.I. 58/2020)

“gathering ground” means any surface of land or other device which collects the rainfall for the purposes of the Waterworks;

“private water supply” means a water supply other than a public water supply;

“public water supply” means any main, valve, tap, standpipe or any other appliance, used or intended to be used for or in connection with the supply of water to the public;

“water bottling plant” means a facility in which bottled water is treated and bottled for sale; (Inserted by S.I. 58/2020)

“water supply system” includes a gathering ground, filter, gutter, pipe or any tank, cistern or other receptacle, reservoir or other place used for the collection, storing and supplying of water for domestic purposes.

These Regulations shall apply to public and private water supplies.

3.   Non impairment of quality of water

1.  

   (1)   A person shall not commit or cause to be committed any act which may impair the quality of water in any river, stream, spring, well, pond, reservoir or any other place.

1.  

   (2)   A person shall not commit or cause to be committed any act which may impair the quality of any underground water by the discharge of any sewage, industrial or trade waste, filth, or any other matter into any well or abandoned well, hole or other opening in the ground.

1.  

   (3)   A person shall not discharge or cause to be discharged into any river, stream, water course or sea any sewage, industrial or trade waste or any other matter likely to be injurious to health, whether or not a presumptive right has been acquired to any such discharge, except in accordance with the terms and conditions of a permit issued by the Public Health Board.

1.  

   (4)   A person shall not swim, bathe, wash clothes or other materials, wash animals, cleanse utensils or vehicles in any river, stream spring, well or other water contributing to a public or private water supply.

1.  

   (5)   A person shall not erect any building, septic tank, absorption pit or other sanitary convenience in any area declared a gathering ground or within 200 feet of any public or private water supply except an engineering plan has been submitted and approved in writing by the Public Health Board and such construction complies with the approved plan before being put into service.

4.   Permission for conveyance of water for domestic use

A person shall not sell, or offer for sale, or convey water for domestic use in tanks or other receptacles except by written permission of the Public Health Board.

4A.   Fees

For the purposes of these Regulations, the following fees must be paid to the Accountant General —

1.  

   (a)     in the case of a permit for use of a water tank or other receptacle, $50;

1.  

   (b)     for conducting an inspection of a water tank or other receptacle, $100; and

1.  

   (c)     for conducting an inspection of a water bottling plant —

1.  

        “A fee of 40 c/sq. ft. for the first 100 sq. ft. of operative space and 20 c/sq. ft. for the next 500 sq. ft. and 10 c/sq. ft. for the remaining space.”

1.  

   (Inserted by S.I. 58/2020)

5.   Water supply systems to be satisfactorily constructed and maintained

All water supply systems and any place or receptacle in which water is stored shall be free from sanitary defect and shall be constructed, placed, protected and maintained to the satisfaction of the Public Health Board.

6.   Well to be located, constructed etc. to prevent contamination

1.  

   (1)   Wells shall be so located, constructed, protected and maintained as to prevent contamination.

1.  

   (2)   Well tops shall be of concrete and so constructed as to divert waste water and provided with a substantial base on which a pump or other means of raising water can be secured.

6A.   Licence for conveyance in water tank or other receptacle

1.  

   (1)   A person shall not convey water in a water tank or other receptacle used for the conveyance of water unless he or she has first been granted a licence by the Board.

1.  

   (2)   A person who contravenes paragraph (1) commits an offence and is liable on summary conviction to a fine not exceeding $1,000 or to a term of imprisonment not exceeding 6 months.

1.  

   (3)   A licence that has expired under regulation 6C may be renewed on written application made before the 31^st day of January next after the date of expiry.

1.  

   (Inserted by S.I. 58/2020)

6B.   Application for licence for conveyance in water tank or other receptacle

1.  

   (1)   An application for a licence or for the renewal of a licence is in the form set out in Schedule 1.

1.  

   (2)   An application under paragraph (1) must set out the name and address of the person and the name of the business where the person is employed.

1.  

   (3)   On receipt of an application for a licence or renewal of a licence the Board shall cause the water tank or other receptacle for the conveyance of water to be inspected by an environmental health officer.

1.  

   (4)   After an inspection under paragraph (3), an environmental health officer shall submit to the Board an inspection report is in the form set out in Form 1 of Schedule 2.

1.  

   (Inserted by S.I. 58/2020)

6C.   Issue and duration of licence for conveyance in water tank or other receptacle

1.  

   (1)   Whenever the Board approves an application, it shall issue to the person a licence in the form set out in Schedule 3.

1.  

   (2)   A licence is valid, unless cancelled or suspended, until the 31^st day of December next after the date of issue.

1.  

   (Inserted by S.I. 58/2020)

6D.   Cancellation or suspension of licence for conveyance in water tank or other receptacle

The Board may cancel or suspend a licence on being satisfied that —

1.  

   (a)     a breach of these Regulations has been committed;

1.  

   (b)     the continuation of the licence is detrimental to the public health.

1.  

   (Inserted by S.I. 58/2020)

6E.   Delivery of licence on suspension, cancellation or cessation

1.  

   (1)   When a person to whom a licence has been issued ceases to convey water in a water tank or other receptacle used for the conveyance of water, he or she shall within 7 days of so doing give notice to the medical officer of health or environmental health officer and at the same time deliver to him or her the licence.

1.  

   (2)   When a licence has been suspended or cancelled the person to whom the licence was issued shall immediately deliver up the licence to the medical officer of health or environmental health officer.

1.  

   (Inserted by S.I. 58/2020)

7.   Water tanks etc., for the conveyance of water to be impervious, easily cleaned and sanitized

All water tanks or other receptacles used for the conveyance of water shall be impervious and maintained in a clean and sanitary condition. Any opening into a water tank or other recepacle shall be covered and all water drawn from a suitable tap. Buckets, pumping equipment and other appurtenances with which the water comes in contact shall be maintained in good repair and in clean condition.

7A   Licence for water bottling plant

1.  

   (1)   A person shall not operate a water bottling plant unless he or she has first been granted a licence by the Board.

1.  

   (2)   A person who contravenes paragraph (1) commits an offence and is liable on summary conviction to a fine not exceeding $1,000 or to a term of imprisonment not exceeding 6 months.

1.  

   (3)   A licence that has expired may be renewed on written application made before 31^st day of January next after the date of expiry.

1.  

   (Inserted by S.I. 58/2020)

7B.   Application for water bottling plant licence

1.  

   (1)   An application for a licence or for the renewal of a licence must be in the form set out in Schedule 1 and must be lodged in the office of the medical officer of health.

1.  

   (2)   An application under paragraph (1) must set out the name and address of the person and the name of the business where the person is employed.

1.  

   (3)   On receipt of an application for a licence or renewal of a licence the Board shall cause the water tank or other receptacle for the conveyance of water to be inspected by an environmental health officer.

1.  

   (4)   After an inspection under paragraph (3), an environmental health officer shall submit to the Board an inspection report in the form set out in Form 2 of Schedule 2.

1.  

   (Inserted by S.I. 58/2020)

7C.   Application of regulations 6C to 6E

Regulations 6C to 6E apply to a licence for a water bottling plant with such modifications as is necessary.

1.  

   (Inserted by S.I. 58/2020)

7D.   Certificate of health

1.  

   (1)   A person shall not —

   1.  

      (a)     convey water in a water tank or other receptacle used for the conveyance of water; or

   1.  

      (b)     work in a water bottling plant,

1.  

   unless he or she is registered with the Ministry responsible for health and has a valid certificate of health.

1.  

   (2)   A person who —

   1.  

      (a)     conveys water in a water tank or other receptacle used for the conveyance of water; or

   1.  

      (b)     works in a water bottling plant,

1.  

   may make an application for a certificate of health to the Ministry responsible for health.

1.  

   (3)   An application for registration under paragraph (2) must be submitted with —

   1.  

      (a)     two passport sized photographs;

   1.  

      (b)     a valid Government issued identification card; and

   1.  

      (c)     the following fees to be paid to the Accountant General —

      1.  

         (i)     a registration fee of $20 for new applicants,

      1.  

         (ii)     a fee of $20 for a renewal,

      1.  

         (iii)     a fee of $30 for a replacement certificate, if the certificate is lost or damaged.

1.  

   (4)   A certificate of health must be —

   1.  

      (a)     in the form set out in Schedule 4;

   1.  

      (b)     stamped by the medical officer of health issuing the certificate of health; and

   1.  

      (c)     returned to the Ministry responsible for health for validation and completion of the registration process.

1.  

   (5)   A person shall keep a certificate of health at the place of employment and make it available for inspection by an authorised officer of the Ministry responsible for health.

1.  

   (Inserted by S.I. 58/2020)

8.   Quality of drinking water etc., to be prescribed

The quality of water for drinking or domestic purposes, food processing or manfacture, or in any business or industry shall meet such standards of purity as are prescribed by the Public Health Board and it shall be the duty of the owner or person in charge of the premises to see that the standards are met.

9.   Chlorinating machinery etc., to be kept working efficiently

Where chlorine or any of its compounds is used in the sterilization of water, all chlorinating machinery and equipment shall be maintained in efficient working order. Such spare parts as may be necessary shall be kept for use in case of emergency.

10.   Testing of chlorinated water by authorised persons

All water chlorinated shall be tested by a person authorised for the purpose at specified intervals during the operation of the plant for free residual chlorine using tests as may be designated by the Public Health Board and the person carrying out such test shall keep a record thereof which shall be furnished each month to the medical officer of health.

11.   Notice to desist from contamination of water supply

Where any accumulation of refuse, filth, garbage or other matter is found in close proximity to any water supply and the medical officer of health is of the opinion that such accumulation is likely to cause contamination of the water therein he or she shall forthwith in writing require the property owner or the person in charge of the property to desist from depositing the same and to remove all such material within a time specified.

12.   Closure of water supply

The Public Health Board on the recommendation of the medical officer of health may order the temporary or permanent closure of any water supply if in their opinion the quality water therein is impaired or likely to become so.

13.   Penalty

Any person failing to comply with these Regulations or with any notice served thereunder commits an offence and on summary conviction is liable to a fine not exceeding $5,000 or to a term of imprisonment not exceeding 6 months, and in addition in the case of a continuous offence to a fine not exceeding $150 for each day the offence continues after a conviction is first obtained. (Amended by S.I. 58/2020)

Schedule 1

(Regulations 6B(1) and 7B(1))

APPLICATION FOR LICENCE

TO: THE SAINT LUCIA PUBLIC HEALTH BOARD

1.  

   (Inserted by S.I. 58/2020)

Schedule 2

FORM 1

(Regulation 6B(4))

MINISTRY OF HEALTH
ENVIRONMENTAL HEALTH DIVISION

DEMERIT SCORE SHEET
WATER TANK OR OTHER RECEPTACLE INSPECTION FORM

1.  

   (Inserted by S.I. 58/2020)

FORM 2

(Regulation 7B(4))

WATER BOTTLING PLANT INSPECTION FORM

1.  

   (Inserted by S.I. 58/2020)

Schedule 3

(Regulation 6C(1))

LICENCE TO OPERATE

1.  

   (Inserted by S.I. 58/2020)

Schedule 4

(Regulation 7D(5)(a))

CERTIFICATE OF HEALTH

1.  

   (Inserted by S.I. 58/2020)

Public Health (Apartments, Guest Houses and Hotels) Regulations – Section 9

(Statutory Instruments 15/1978, 26/1983 and 35/2020)

S.I. 15/1978 .. in force 1 April 1978

Amended by S.I. 26/1983 .. in force 30 April 1983

Amended by S.I. 35/2020 .. in force 23 March 2020

ARRANGEMENT OF REGULATIONS

PUBLIC HEALTH (APARTMENTS, GUEST HOUSES AND HOTELS) REGULATIONS – SECTION 9

Commencement [1 April 1978]

1.   Citation

These Regulations shall be cited as the Public Health (Apartment Houses, Guest Houses and Hotels) Regulations.

2.   Interpretation

In these Regulations—

“apartment house” means any building or part of a building used or intended for use for residential occupancy and consist of more than one suite or self contained dwelling unit;

“guest house” means any building or part of a building used as a dwelling in which persons are lodged or accommodated for the purpose of sleeping for a single night or for periods not exceeding one month, but does not include a hotel;

“family” means 2 or more persons living together as a single housekeeping unit;

“hotel” means any building or part of a building used as an hotel other than an apartment house, or a guest house;

“suite” or “self contained dwelling unit” means one or more connected rooms used as a residence and having plumbing fixtures or cooking facilities for the sole use of the occupants of such suite or self contained dwelling unit.

3.   Apartment or Guest House or Hotel to be registered

1.  

   (1)   A person shall not operate an apartment house, guest house or hotel unless such apartment house, guest house or hotel has been registered by the Public Health Board.

1.  

   (2)   Despite subregulation (1) a person who has operated an apartment house, a guest house or hotel before the date on which these Regulations come into operation shall within 6 weeks thereafter apply for registration.

4.   Application for registration

1.  

   (1)   Every application for registration shall be in writing in such form as the Board may from time to time require and shall be lodged in the office of the medical officer of health.

1.  

   (2)   On receipt of an application, the Public Health Board shall cause the apartment house, guest house or hotel to be inspected by an environmental health officer who shall use the inspection form set out in Schedule 1 for the purpose of seeing that the provision of these Regulations are complied with and issue a licence to the applicant. There shall be a charge of $50 for the issue of the licence. (Amended by S.I. 35/2020)

1.  

   (3)   The Board after consideration of the application may—

   1.  

      (a)     grant application conditionally;

   1.  

      (b)     grant the application subject to such conditions as may be considered appropriate; or

   1.  

      (c)     refuse the application.

5.   Licence to operate

1.  

   (1)   Whenever the Public Health Board has approved an application there shall be issued to the applicant on payment of $100 into the Treasury or sub-collector's office, a licence to operate is in the form set out in Schedule 2. (Amended by S.I. 35/2020)

1.  

   (2)   Every certificate of registration shall—

   1.  

      (a)     be signed by the Board;

   1.  

      (b)     state the number of guests who may be accommodated at such apartment house, guest house or hotel;

   1.  

      (c)     bear on its face the date of issue;

   1.  

      (d)     be unless previously cancelled or suspended valid from the date of issue to 31 December of every year; and

   1.  

      (e)     be non-transferable to any person, or in respect of any location.

(Amended by S.I. 26/1983 and by S.I. 35/2020)

6.   Notice on cessation of operation

1.  

   (1)   When a person, at whose instance a licence to operate has been issued ceases to operate or use the building to which the registration relates as an apartment house, guest house or hotel, he or she shall within 7 days of so doing give notice to the Board through the office of the Chief medical officer of health and deliver up to him or her the licence to operate. (Amended by S.I. 35/2020)

1.  

   (2)   Whenever a licence to operate has been cancelled or suspended the person to whom the same was issued shall immediately deliver up the licence to operate to the Chief Medical Officer of health. (Amended by S.I. 35/2020)

1.  

   (3)   The appropriate entry in respect of non-use, cancellation or suspension in respect of guest house shall be made in the register.

7.   Operation of Guest House and Hotels

1.  

   (1)   Where a premises is operated as a guest house or hotel such operation shall be conducted as the case may be in accordance with the following regulations—

   1.  

      (a)     all windows in bedrooms are equiped with blinds, curtains or any other device for ensuring privacy;

   1.  

      (b)     the furniture, beds, bedsprings, pillows, mattresses, bed linen, blankets and bed covers are maintained in good repair and in a clean and insect free state;

   1.  

      (c)     each bedroom is designated by a legible number placed on the door and each door fitted with a lock and key so that the door may be securely fastened from the inside;

   1.  

      (d)     in a guest house or hotel which provides accommodation for persons of both sexes there shall be separate toilet facilities for each sex and the facilities shall be separated by a partition extending from the floor to the ceiling and each compartment shall be provided with a door capable of being securely protected by the person using the facilities and in each case the compartment for each sex should be clearly marked thereon.

1.  

   Provided that the provisions of this regulation shall not apply to the bedroom of a hotel where each bedroom of that hotel is provided with its own toilet facilities.

1.  

   (2)   In any place operated as a guest house or hotel there shall be available on the immediate floor or place where guests are in the habit of using—

   1.  

      (a)     an adequate supply of water;

   1.  

      (b)     an adequate supply of potable water;

   1.  

      (c)     an adequate supply of toilet paper and soap;

   1.  

      (d)     at least such number of baths or showers and water closets and wash basins as the environmental health officer requires taking into account the number of persons frequenting that floor or place at any one time, and the possibility of the same facilities in other parts of the building as may deem fit and that the facilities made available under this regulation apply to the provision of such facilities. (Amended by S.I. 35/2020)

8.   Provision of clean linen etc.

A person shall not cause to be operated any hotel or guest house unless—

1.  

   (a)     a sufficient supply of separate clean towels is provided for each person;

1.  

   (b)     each bed is provided with pillows in clean pillow slips, sheets, blankets and bed covers;

1.  

   (c)     freshly laundered bed linen is provided for each guest.

9.   Plumbing Fixtures

All plumbing fixtures installed in any apartment house, guest house or hotel shall—

1.  

   (a)     be located so as to be accessible to all tenants at all times;

1.  

   (b)     be kept in a clean and sanitary condition;

1.  

   (c)     be maintained in good working order at all times.

10.   Provisions For Guest House or Hotel

Every person who causes to be operated any guest house or hotel shall to the satisfaction of an environmental health officer—

1.  

   (a)     provide adequate lighting in all corridors, halls, stairways and compartments containing plumbing fixtures;

1.  

   (b)     maintain the floors, walls and ceiling surfaces in a clear condition and in good repair;

1.  

   (c)     keep cellars and basements clear of waste and combustible matter;

1.  

   (d)     ensure that the premises contents and furnishings are kept free from rodents, lice, fleas, bedbugs, cockroaches and other insect pests;

1.  

   (e)     keep every yard, area, forecourt or other open space within the curtilage of the premises at all times maintained in good repair and thoroughly cleaned and in a sanitary condition;

1.  

   (f)     provide and maintain in good condition sufficient and suitable refuse and garbage bins.

(Amended by S.I. 35/2020)

11.   Provisions for Apartment Houses

In every apartment house there shall be in every suite at least one sink, one water closet, one bath or shower, and one wash basin, all supplied with running water.

12.   Rooms for sleeping purposes

1.  

   (1)   No hot water or electrical appliance of any kind shall be installed or operated in any room used for sleeping purposes. Every such appliance shall only be installed in another room, and a person shall not use or be allowed to use for sleeping purposes any room containing any such appliance.

1.  

   (2)   A person shall not occupy or let for occupation for sleeping purposes any room which is used as a hall, dining room, kitchen or pantry.

13.   Floor Space etc., of Room for Sleeping Purposes

Every room used for sleeping purposes shall have a floor area of at least 40 square feet for each person accommodated therein. The height of the walls must not be less than 8 feet.

14.   Notice on Owner or Occupier

The medical officer of health may by notice in writing require the owner or operator of any apartment house, guest house or hotel to carry out within such time as is stated in the notice any work which may be necessary under the provisions of these Regulations.

15.   Grounds for Cancellation of Licence

The Board may cancel or suspend a registration granted in accordance with these Regulations—

1.  

   (a)     for overcrowding of the hotel or guest house;

1.  

   (b)     where a notice has been served under section 10 of the Act and there has been no appeal therefrom, or the appeal has been dismissed and the owner or occupier of the apartment house, guest house or hotel has not within the time specified in the notice, or within the time specified by the Judge on the dismissal of the appeal, carried out the work required by the notice;

1.  

   (c)     for failure to comply with regulations 7 to 8;

1.  

   (d)     for failure to comply with the requirements of a notice served under regulations.

16.   Penalty

An owner operator or any person who contravenes paragraph (1) of regulation 3 or regulations 7 to 8 or who fails to comply liable on summary conviction to a fine not exceeding $5,000 or to a term of imprisonment not exceeding 6 months. (Amended by S.I. 35/2020)

Schedule 1

(Regulation 4(2))

HOTEL GUESTHOUSE/APARTMENT INSPECTION FORM
MINISTRY OF HEALTH

ENVIRONMENTAL HEALTH DIVISION
DEMERIT SCORE SHEET

(Inserted by S.I. 35/2020)

Schedule 2

(Regulation 5(1))

LICENCE TO OPERATE

(Inserted by S.I. 35/2020)

Public Health (Swimming Pools) Regulations – Section 9

(Statutory Instruments 16/1978, 27/1983 and 36/2020)

S.I. 16/1978 .. in force 1 April 1978

Amended by S.I. 27/1983 .. in force 30 April 1983

Amended by S.I. 36/2020 .. in force 23 March 2020

ARRANGEMENT OF REGULATIONS

PUBLIC HEALTH (SWIMMING POOLS) REGULATIONS – SECTION 9

Commencement [1 April 1978]

1.   Citation

These Regulations may be cited as the Public Health (Swimming Pools) Regulations.

2.   Interpretation

For the purposes of these Regulations—

“swimming pool” or “pool” means a structure made entirely or in part of concrete, masonry, metal, plastic or other impervious material, located either indoors or outdoors, and provided with a water supply together with the buildings and appurtenances used in connection therewith, which is available to the public for swimming, bathing, wading or diving and for the use of which persons are either directly or indirectly charged a fee, and includes such places or premises where operated as part of or in connection with a club, motel, hotel, school or similar institution;

“wading pool” means an artificial basin or tank constructed of impervious material used for wading by small children and having a maximum depth of 18 inches at the deepest point and 12 inches at the shallowest point.

3.   Regulation of construction or alteration of a Swimming Pool etc.

1.  

   (1)   A person shall not construct or alter any swimming or wading pool unless he or she has first—

   1.  

      (a)     submitted to the Public Health Board, the plans and specifications and a certificate from the Ministry responsible for electrical inspections and the information set out in Part A of Schedule 1; and (Amended by S.I. 36/2020)

   1.  

      (b)     obtain from the Public Health Board written approval for its construction.

1.  

   (2)   The Minister may require a medical officer of health to furnish him or her with such information and particulars relating to swimming and wading pools within the State, as the Minister thinks fit.

1.  

   (3)   The swimming or wading pool and its facilities shall be inspected by an environmental health officer who shall complete the inspection form set out in Part B of Schedule 1 and certified by the medical officer of health before it is put into operation. A charge of $50 shall be levied on the applicant for the inspection and the issue of a certificate by the medical officer. (Amended by S.I. 36/2020)

(Amended by S.I. 27/1983)

4.   Approval of Construction

The Public Health Board may approve the construction of a swimming or wading pool subject to such terms and conditions set out in Schedule 2. (Amended by S.I. 36/2020)

5.   Permit for operation of swimming or wading pool

1.  

   (1)   A person shall not operate a swimming or wading pool unless he or she holds a valid permit for the purpose issued by the medical officer of health.

1.  

   (2)   The medical officer of health may issue such a permit for a fee of $100 to be paid into the Government Treasury or any sub-collector's office or part thereof subject to such terms and conditions as he or she may prescribe. (Amended by S.I. 36/2020)

1.  

   (3)   The permit to operate a swimming pool shall be in such form as the Chief Medical Officer may direct.

1.  

   (4)   Unless a permit is cancelled or suspended it shall be valid until 31 December next after the date of issue.

(Amended by S.I. 27/1983)

6.   Provision in respect of Construction Operations and Maintenance

Subject to regulation 5, every swimming pool shall—

1.  

   (a)     be made of impervious materials with a smooth surface, free from cracks and joints, and shall be constructed so as to be water-tight and to facilitate cleaning;

1.  

   (b)     if constructed after the date on which these regulations come into operation have rounded corners at the wall-floor junction;

1.  

   (c)     have not less than 2 ladders or steps with handrails at the deep end and 2 ladders or steps with handrails at the shallow end, and all such ladders or steps shall be provided with non-slip treads;

1.  

   (d)     be provided with hand-holds not more than 9 inches above the normal water level, and in the case of a pool used for instruction or competitive swimming, a hand-hold at water level similar to the rim of an over-flow gutter, or in the alternative, a bull-nosed coping not exceeding 2½ inches in thichness for the outer 2 inches;

1.  

   (e)     if an area for spectators is provided, be separated from the pool in order to prevent the risk of contamination of the pool;

1.  

   (f)     be provided with outlets, one of which is capable of draining the entire pool within 8 hours situated at the deepest point and with drain outlets properly covered with gratings and designed to reduce suction and prevent the reversal of the water flow from the drain to the pool;

1.  

   (g)     be provided with dressing rooms, toilets and showers in such numbers and of such type and construction as the medical officer of health may approve; not applicable to private swimming pools operated for family and guests without a fee;

1.  

   (h)     be surrounded by a clear unobstructed paved walk-way or deck not less than 4 feet wide extending from the pool side, edge or lip of the coping of the pool;

1.  

   (i)     have permanent markings showing the depth of the shallow and deep ends and the diving depths, and such markings shall be in numerals of at least 4 inches in height and of a colour which contrasts with the background.

7.   Lighting and Electrical Equipment to be Rendered Danger Free

When lighting or other electrical equipment is provided in the pool area, such lighting or equipment shall be installed so as not to be dangerous to persons using the pool, and shall be subject to the approval of the Government electrical inspector.

8.   Provisions in respect of walls of swimming pool

The wall of the swimming pool shall be—

1.  

   (a)     vertical from deck to the pool bottom;

1.  

   (b)     if sloped at the deep end, the upper 6 feet of the wall shall not deviate more than 1 foot horizontal in 6 feet vertical; or

1.  

   (c)     if a ledge is provided on vertical walls in the deep portion of the pool, it shall be fixed not less than 4 feet 6 inches below water level, and be not more than 6 inches wide with a ½ inch slope towards the pool.

9.   Water depths

1.  

   (1)   The water depth at the shallow end of the swimming pool shall not exceed 3½ feet.

1.  

   (2)   If steps extend for more than ½ the width of the shallow end the depth of the wall at the base of the lowest step shall not be greater than 3½ feet.

1.  

   (3)   From the shallow end, the bottom of the pool shall be sloped at a rate not exceeding—

   1.  

      (a)     for pools more than 20 feet wide, 1 foot vertical in 12 feet horizontal; and

   1.  

      (b)     for pools 20 feet or less in width, 1 foot vertical in 10 feet horizontal.

1.  

   (4)   A pool sloped in accordance with subregulation (3) shall extend to a depth of not less than 5 feet except that when rope and buoys are provided, the slope shall extend to a depth of not less than 4½ feet.

10.   Overflow gutters and Automatic Devices

1.  

   (1)   A pool shall have around the perimeter an overflow gutter or automatic skimming devices, (hereinafter referred to as skimmers), or such other devices as may be approved by the medical officer of health.

1.  

   (2)   Where overflow gutters are used, they shall be built into the wall extending around the pool except where steps require interruption, and the gutter shall be not less than 3 inches deep; the overflow edge shall be round and shall not exceed to a thickness or 2½ inches for the top 2 inches.

1.  

   (3)   Skimmers may be used as an overflow device on pools with a surface not exceeding 4000 square feet and shall comply with the following requirements—

   1.  

      (a)     they shall be built into a recess in the wall of the pool;

   1.  

      (b)     the rate of flow through the skimmer shall be adjustable up to at least 50% of the capacity of the recirculating systems of the swimming pool;

   1.  

      (c)     the skimmer shall be provided with a device to prevent air lock in the recirculation system of the suction line;

   1.  

      (d)     they shall be provided with a screen which is capable of being easily removed and cleaned to trap large solids.

11.   Filters and Filtration

1.  

   (1)   Swimming pool filters shall be designed, constructed and operated to the satisfaction of the medical officer of health.

1.  

   (2)   Despite subregulation (1) filtration surfaces shall be so constructed that they may be easily restored to the designed capacity. Facilities shall be provided so that the restoration of such surfaces can be accomplished without contamination of the pool and so that—

   1.  

      (a)     filtration surfaces are esaily available for inspection; and

   1.  

      (b)     structural or functional failures will not occur permitting passage of unfiltered water.

1.  

   (3)   In the case of rapid sand filters, the filtration rate shall not exceed 3 gallons per square foot per minute, and the backwash shall be at a rate of not less than 12 gallons per square foot per minute.

1.  

   (4)   Filter piping shall be valved so that filters can be washed individually allowing each filter to be isolated for repairs while the other units are in service.

1.  

   (5)   Diatomaceous earth filters shall be designed so that the filtration rate shall not exceed 2 gallons per square foot per minute, with maximum rates of 2½ gallons per square foot per minute for filters designed for continuous feeding of filter aid.

1.  

   (6)   Provisions shall be made for all filters to be cleaned by means of back washing or in a manner which is satisfactory to the medical officer of health.

1.  

   (7)   For pressure type units the pump shall be capable of delivering full required capacity at a head loss of 60 feet and 60 percent or more of such capacity at 70 feet head loss.

1.  

   (8)   There shall be at least one skimmer for each 500 square feet of pool surface area or part thereof, except that for pools which do not exceed 600 square feet in surface area, one skimmer only may be provided.

12.   Cycling or Circulation of Water System

1.  

   (1)   Every swimming pool shall have inlets of such size and spaced so as to facilitate uniform circulation of water throughout the pool.

1.  

   (2)   There shall be no direct connection between the piping system of the pool and the domestic water supply system unless there is a device which protects against back-flow in a manner approved by the medical officer of health.

1.  

   (3)   The inlets in pools constructed after the commencement of these Regulations shall be sufficiently submerged so as to prevent the loss of chlorine or other disinfectant solution.

13.   Provisions in respect of Recirculating System

1.  

   (1)   Every recirculating pool shall have a water recirculating system consisting primarily of piping, pumps, filters and disinfecting equipment as well as such other accessory equipment as shall adequately purify and disinfect within 8 hours, an amount of water equal to the water capacity of the pool.

1.  

   (2)   The pipes used for different purposes shall be of different colours to facilitate identification.

1.  

   (3)   The recirculating system shall have a flow meter to indicate the rate of pumpage and which shall be kept in operation 24 hours a day while the pool is in use.

1.  

   (4)   Disinfectant shall be introduced into the recirculating system by methods that are approved by the medical officer of health.

14.   Diving towers or boards

1.  

   (1)   If a diving tower or board is provided, such board or tower shall be rigidly constructed and properly anchored so as to ensure stability.

1.  

   (2)   No diving board or tower over 10 feet in height shall be used in the swimming pool.

1.  

   (3)   If diving platforms are more than—

   1.  

      (a)     five feet but less than 8 feet above the water the minimum depth at that point shall not be less than 11 feet;

   1.  

      (b)     eight feet but less than 10 feet the minimum depth at that point shall not be less than 12 feet.

1.  

   (4)   There shall be not less than 15 feet of unobstructed headroom above every diving board extending 10 feet in front of the board.

15.   General Safety

Without limiting the generality of subregulation (2) of regulation 5, a person shall not operate a swimming or wading pool unless the following requirements are complied with—

1.  

   (a)     there is kept in a place readily available to persons using the pool, ropes, lifebouys and reaching poles;

1.  

   (b)     there is kept readily available on the premises a first aid kit containing aromatic spirits of ammonia, a recognised skin antiseptic other than tincture of iodine, sterile gauge, absorbent cotton, adhesive plaster, bandages of various widths and such other articles as the medical officer of health may specify;

1.  

   (c)     the number of persons bathing or swimming in the pool is not permitted to exceed 1 for each 25 square feet of water surface;

1.  

   (d)     steps are taken to effectively prevent persons using the pool from sunset to sunrise unless the pool is lighted in a manner approved by the medical officer of health;

1.  

   (e)     when chlorine gas is used as a disinfectant there is provided at least one gas mask in good operating condition and of a type approved by the medical officer of health as suitable for high concentrations of chlorine gas and the mask is kept at a readily accessible point near to chlorinators and outside the chlorinator room;

1.  

   (f)     the person in charge of the pool or some person authorised by him or her is present at the pool at all times during the period when the pool is in use and such person is qualified to administer first aid and artificial respiration and in the case of a swimming pool, other than a flow-through pool, is capable of operating the purification equipment, the water recirculating system of the pool and all other appurtenances connected thereto;

1.  

   (g)     water in the pool is treated and maintained so that not more than 15% of water samples contain more than 200 bacteria per millilitre and so that no bacteria of the coliform group is found in any of five ten-millilitre;

1.  

   (h)

   1.  

      (i)     the water in a pool is sufficiently clear when in use to permit a black disc 6 inches in diameter on a white field placed on the bottom of the pool at the deepest point 10 feet from the side to be clearly visible from the walk-way around the deep area of the pool, and

   1.  

      (ii)     in the case of a wading pool the water is kept sufficiently clear so that the bottom is visible at all times, and

   1.  

      (iii)     the water is recirculated at a 2-hour turnover rate;

1.  

   (i)     tests such as may be required by the Chief Medical Officer are made by the operator as frequently as necessary throughout each day so as to maintain the standards required;

1.  

   (j)     the pool and its surroundings and the dressing rooms, toilets and showers are maintained in a clean, sanitary and safe condition;

1.  

   (k)     diving towers, spring boards, floats, slides and other equipment are properly maintained, and the floors, steps and walks are washed daily when in use;

1.  

   (l)     the owner or person in charge keeps such daily records of the operation of the pool as the Chief Medical Officer may require and such records are made available to the medical officer of health or environmental health officer on request and are kept available for scrutiny for a period of at least 6 months commencing from the date of recording. (Amended by S.I. 36/2020)

16.   Disinfection of pool

1.  

   (1)   Swimming pools when in use, shall be continuously disinfected with a chemical which imparts a residual effect.

1.  

   (2)   When chlorine is used, a chlorine residual of 0.5 p.p.m. or not less than 0.7 p.p.m. chloramine shall be maintained throughout the pool whenever it is open or in use.

1.  

   (3)   If other halogens such as bromine or iodine are in use residuals or equivalent disinfecting strength shall be maintained.

1.  

   (4)   A testing kit for measuring the concentration of the disinfectant accurate to within 0.1 p.p.m. shall be provided at each pool

1.  

   (5)   The medical officer of health may accept other disinfecting methods if he or she is satisfied that they—

   1.  

      (a)     provide a residual which is easily measurable;

   1.  

      (b)     are as effective as the chlorine concentration required by subregulation (2), and

   1.  

      (c)     are not dangerous to the public health.

1.  

   (6)   The pH value of the water in any pool shall be between 7.5 and 8.4 and a pH testing kit accurate to the nearest 0.2 pH unit shall be provided at each swimming pool.

17.   Persons forbidden use of swimming pool

No person with a sore, inflamed eye or throat, a cold, any nasal or ear discharge, or any cuts, boils or other evident skin or other bodily infection shall be allowed in a swimming pool, and the person in charge of the pool at the time shall exclude any such person from use of the pool or premises.

18.   Spitting or blowing of noses forbidden

A person shall not spit or blow his or her nose in any swimming pool.

19.   Power to close swimming pool

1.  

   (1)   Whenever a medical officer of health considers any condition existing at any swimming pool to be dangerous to the public health he or she may order that the swimming pool be closed.

1.  

   (2)   Unless the permit to operate the swimming pool is cancelled or suspended, an order of closure made under paragraph (1) shall remain in force for not more than 72 hours from the time notice thereof is first given to the operator or person in charge of the pool and a person shall not operate or use the swimming pool at any time during the period of suspension of the permit.

20.   Cancellation or suspension of permit of operation

The Chief Medical Officer may cancel or suspend any permit to operate a swimming pool for—

1.  

   (a)     failure to comply with regulation 3 and regulations 5 to 16; and

1.  

   (b)     failure to comply with an order made under subregulation (1) of regulation 19.

21.   Penalty Clause

A person who contravenes these Regulations or fails to comply with any notice or directive issued or given in accordance with these Regulations or who hinders or obstructs any authorized person in carrying out his or her duties commits an offence and on summary conviction is liable to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months, or to both such fine and imprisonment. (Amended by S.I. 36/2020)

Schedule 1

(Regulation 3(1)(a))

PART A
INFORMATION FOR SWIMMING OR WADING POOL

PART B

(Regulation 3(3))

SWIMMING OR WADING POOL INSPECTION FORM
MINISTRY OF HEALTH

ENVIRONMENTAL HEALTH DIVISION
DEMERIT SCORE SHEET

(Inserted by S.I. 36/2020)

Schedule 2

(Regulation 4)

TERMS AND CONDITIONS FOR APPROVAL OF SWIMMING
OR WADING POOL

(Inserted by S.I. 36/2020)

Public Health (Notification of Births) Regulations – Section 9

(Statutory Instruments 17/1978 and 29/2020)

S.I. 17/1978 .. in force 1 April 1978

Amended by S.I. 29/2020 .. in force 16 March 2020

ARRANGEMENT OF REGULATIONS

PUBLIC HEALTH (NOTIFICATION OF BIRTHS) REGULATIONS – SECTION 9

Commencement [1 April 1978]

1.   Citation

These Regulations may be cited as the Public Health (Notification of Births) Regulations.

2.   Interpretation

For the purposes of these Regulations—

“birth” includes “still-birth”;

“still-birth” means any child which has issued forth or been removed from its mother after the twenty-eighth week of pregnancy and which did not, at any time after being completely expelled or removed from its mother, breathe or show any other sign of life.

3.   Notice of the birth of a child and still-birth to Chief Medical Officer

1.  

   (1)   Within 36 hours of the birth of any child or still-birth, the following persons shall give or cause to be given to the Chief Medical Officer notice of the birth of the child or still-birth—

   1.  

      (a)     the person in charge of an hospital or other institution in which the mother is confined;

   1.  

      (b)     the doctor, nurse or other person performing midwifery services for the mother at the time of delivery or within 6 hours thereafter, where delivery does not take place at an hospital or other similar institution.

   1.  

      (Amended by S.I. 29/2020)

1.  

   (2)   The notice required to be given by subregulation (1) shall be in such form as the Chief Medical Officer may prescribe and shall state—

   1.  

      (a)     the day of birth of the child and whether such birth was a live birth or still-birth;

   1.  

      (b)     the sex of the child; and

   1.  

      (c)     the name and place of ordinary residence of mother.

1.  

   (3)   A person who fails to comply with this regulation commits an offence and is liable on summary conviction to a fine not exceeding $250. (Amended by S.I. 29/2020)

1.  

   (4)   Despite subregulation (3), a person shall not be convicted for failing to comply with this regulation if he or she satisfies the court that he or she has a reasonable excuse for such failure.

1.  

   (Amended by S.I. 29/2020)

4.   Chief Medical Officer to keep register of births and still-births

1.  

   (1)   The Chief Medical Officer shall—

   1.  

      (a)     cause to be kept a register of births and still-births for his or her district; (Amended by S.I. 29/2020)

   1.  

      (b)     subject to paragraphs (2) and (3), enter in the register the particulars contained in every notice given to him or her under regulation 3.

1.  

   (2)   Where a notice given under regulation 3 and the place of ordinary residence of the mother of the child to whose birth or still-birth the notice relates is stated in the notice to be in a district other than that in which the birth or still-birth occurred, the district medical officer to whom the notice is given shall, without complying with subregulation (1)(b), immediately transmit the notice to the Chief Medical Officer in which the place of ordinary residence of the mother is situated. (Amended by S.I. 29/2020)

1.  

   (3)   The district medical officer shall, upon receipt of a notice transmitted to him or her under subregulation (2), forthwith enter the particulars contained in that notice in the register kept by him or her under subregulation (1)(a).

1.  

   (Amended by S.I. 29/2020)

5.   Saving

Nothing in these Regulations affect any other enactment relating to the registration of births.

Public Health (Bakeries) Regulations – Section 9

(Statutory Instruments 18/1978, 25/1983 and 59/2020)

S.I. 18/1978 .. in force 1 April 1978

Amended by S.I. 25/1983 .. in force 30 April 1983

Amended by S.I. 59/2020 .. in force 14 April 2020

ARRANGEMENT OF REGULATIONS

PUBLIC HEALTH (BAKERIES) REGULATIONS – SECTION 9

Commencement [1 April 1978]

1.   Citation

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

2.   Interpretation

For the purposes of these Regulations —

“bakery” means any room, building or place in which bread is baked, manufactured or prepared for sale;

“bread” includes biscuits, cakes, confectionery, pastry or other similar product;

“inspector” means the environmental health officer, Director of Medical Service, medical officer of health or his or her authorized representative or Chief Medical Officer. (Amended by S.I. 59/2020)

(Amended by S.I. 25/1983)

3.   Licence for operation of bakeries

1.  

   (1)   A person shall not on behalf of himself or herself or of any other person operate a bakery unless he or she has first been granted a licence by the Public Health Board.

1.  

   (2)   The owner or operator of any bakery which is in operation on the date these regulations come into force shall apply for a licence within 6 weeks of such date, and any licence which has expired in accordance with the provisions of regulation 6 (2) (d) may be renewed on written application made before 31 January next after the date of expiry.

4.   Application for Licence

1.  

   (1)   Every application for a licence or for renewal of a licence shall be in writing in the form set out as Form 1 in the Schedule and shall be lodged in the office of the medical officer of health. (Amended by S.I. 59/2020)

1.  

   (2)   Every application made under subregulation (1) shall set out the name and address of the owner or operator of the bakery, the address of the place used or intended to be used as a bakery and the number of persons to be employed therein.

1.  

   (3)   On receipt of an application for licence or renewal of a licence the Public Health Board shall cause the bakery to be inspected by an environmental health officer for the purpose of seeing that the provisions of these Regulations are complied with. A charge of $50 shall be levied on the applicant for the said inspection. (Amended by S.I. 59/2020)

1.  

   (4)   An environmental health officer who inspects a bakery under paragraph (3) shall complete an inspection report in the form set out as Form 2 in the Schedule. (Inserted by S.I. 59/2020)

(Amended by S.I. 25/1983)

5.   Cancellation or Suspension of Registration

The Public Health Board may at any time cancel or suspend the licence upon being satisfied that—

1.  

   (a)     a breach of these regulations has been committed;

1.  

   (b)     the continuation of the licence is detrimental to the public health.

6.   Form and contents etc., of Licence

1.  

   (1)   Whenever the Public Health Board approves an application it shall issue to the applicant a licence in the form set out as Form 3 in the Schedule. (Amended by S.I. 59/2020)

1.  

   (2)   Every licence shall—

   1.  

      (a)     bear the date of issue;

   1.  

      (b)     state the number of persons that may be employed in the bakery;

   1.  

      (c)     specify the premises in which the bakery is being carried on;

   1.  

      (d)     be valid, unless cancelled or suspended, until 31 December next after the date of issue;

   1.  

      (e)     not be transferable from the licence to any other person.

1.  

   A charge of 40 c/sq. ft. for the first 100 sq. ft. of operative space and 20 c/sq. ft. for the next 500 sq. ft. and 10 c/sq. ft. for the remaining space shall be paid for the licence or any renewal thereof. All monies for licences shall be paid to the Government Treasury or sub collector's office. (Amended by S.I. 59/2020)

1.  

   (3)   A licence shall be valid only in respect of the premises specified therein.

7.   Register of Bakeries

1.  

   (1)   Each environmental health officer shall keep a register of all bakeries in his or her area. (Amended by S.I. 59/2020)

1.  

   (2)   In respect of each bakery the register shall contain—

   1.  

      (a)     the name and address thereof;

   1.  

      (b)     the name and address of the owner or operator thereof;

   1.  

      (c)     the number of persons that may be employed therein;

   1.  

      (d)     the date of issue of the licence.

8.   Delivery of licence on cessation, cancellation or suspension

1.  

   (1)   When a person to whom a licence has been issued ceases to operate the building or place to which the licence relates as a bakery, he or she shall within 7 days of so doing give notice thereof, to the medical officer of health or environmental health officer and at the same time deliver to him or her the licence. (Amended by S.I. 59/2020)

1.  

   (2)   Whenever a licence has been cancelled or suspended the person to whom the licence was issued shall immediately deliver up the licence to the medical officer of health or environmental health officer. (Amended by S.I. 59/2020)

9.   Washing and paintings of Walls and ceilings etc.

The inside walls of the rooms of a bakery and the ceiling or tops of such rooms, whether such walls, ceilings, or tops be plastered or not, and all passages and staircases of such bakery, shall be painted, varnished, or limewashed; and the paint or varnish shall be renewed once at least in every 2 years and shall be washed with water and soap once at least in every 3 months; when limewashed; the limewashing shall be renewed every 6 months.

10.   Hygenic or Sanitary requirements etc., in place where bakery is carried on

A person shall not use or operate any room, building, or place as a bakery unless the following requirements are complied with—

1.  

   (a)     no sanitary convenience, toilet or privy shall communicate directly with the bakery;

1.  

   (b)     no garbage can or dust bin shall be kept within the bakery;

1.  

   (c)     any cistern or pipe for supplying water to the bakery shall be separate and distinct from any cistern or pipe for supplying water direct to any sanitary convenience, toilet or privy;

1.  

   (d)     no drain or pipe for carrying off faecal matter or sewage shall have an opening within the bakery;

1.  

   (e)     every bakery shall be efficiently lighted and ventilated to the satisfaction of the appropriate medical officer of health or environmental health officer; (Amended by S.I. 59/2020)

1.  

   (f)     every work-room in the bakery shall have an impervious floor and all floors shall be constructed so as to be damp-proof, and shall at all times be kept in a clean and sanitary condition to the satisfaction of the medical officer of health or environmental health officer; (Amended by S.I. 59/2020)

1.  

   (g)     all tables, utensils, dishes, pans, troughs, cloths, towels and machinery used in the bakery shall be kept in a clean and sanitary condition to the satisfaction of the medical officer of health or environmental health officer; (Amended by S.I. 59/2020)

1.  

   (h)     no bakery shall be used as a sleeping place or living room;

1.  

   (i)     no room or place in the same building and immediately adjacent to a bakery shall be used as a sleeping place or living room unless such place or room is separated from the bakery by a partition of wood, masonry or other substantial material extending from floor to ceiling and unless such place or room is adequately ventilated to the satisfaction of the medical officer of health or environmental health officer; (Amended by S.I. 59/2020)

1.  

   (j)     no cat, dog, bird or other animal shall be permitted to enter a bakery.

11.   Certificate of Health

1.  

   (1)   A person shall not be employed in a bakery unless he or she has a Certificate of Health issued by a medical officer to the effect that he or she is not suffering from tuberculosis or other infectious or contagious disease.

1.  

   (2)   A person may obtain a certificate of health by registering with the Ministry responsible for health and must submit —

   1.  

      (a)     two passport sized photos;

   1.  

      (b)     a valid Government issued identification card;

   1.  

      (c)     the following fees to be paid to the Accountant General —

      1.  

         (i)     a registration fee of $20 for new applicants,

      1.  

         (ii)     a fee of $20 for a renewal, and

      1.  

         (iii)     a fee of $30 for a replacement certificate, if the certificate is lost or damaged.

1.  

   (Substituted by S.I. 59/2020)

1.  

   (3)   A certificate of health issued by a medical officer of health must be in the form set out in Schedule 4 and stamped by the medical officer of health issuing the certificate, and must be returned to the Ministry responsible for health for validation, and completion of the registration process. (Inserted by S.I. 59/2020)

1.  

   (4)   A certificate of health expires on the 30^th day of June or the 31^st day of December in each year. (Inserted by S.I. 59/2020)

1.  

   (5)   A baker shall keep a certificate of health and make it available for inspection by an authorized officer of the Ministry responsible for health. (Inserted by S.I. 59/2020)

12.   Power of medical officer etc. to compel baker to take medical examination

1.  

   (1)   Despite regulation 11(1) if a medical officer of health or an environmental health officer has reason to believe that any person employed in a bakery is suffering from any infectious or contagious disease he or she may require such person to submit to a medical examination by a medical officer of health who shall issue a certificate of health stating whether the person is fit or unfit to be employed in a bakery and if the person refuses to submit to such examination or if the certificate states that the person is unfit, the person shall immediately cease to work. (Amended by S.I. 59/2020)

1.  

   (2)   A person who has ceased work under the provisions of this regulation shall not resume work unless he or she has obtained a certificate of good health from a medical officer of health or Chief Medical Officer.

13.   Deportment and dress and personal hygiene of persons in bakery

1.  

   (1)   A person shall not sit or lie on any of the tables or shelves which are intended for use for the dough or baked articles.

1.  

   (2)   A person shall not be allowed in any bakery in an unclean or dirty condition and bakers and other persons preparing bread shall be clad in white overall gowns and white caps or other suitable head covering.

1.  

   (3)   Before beginning work in a bakery and before preparing or mixing the ingredients, the persons engaged in the work shall wash their hands and arms thoroughly in clean water and for this purpose sufficient wash basins together with soap, nail brushes and towels shall be provided.

14.   Storage and keeping of bakery material and the placement of bread and bread products

1.  

   (1)   All flour and other materials as well as the finished products shall be put in perfectly dry and airy rooms so arranged that the shelves, floors and all other places for storing the same can be easily and perfectly cleaned and so that when stored no such flour, material or product shall be less than 6 inches from any floor or wall.

1.  

   (2)   Bread, pastry of confectionery shall not be placed on the floor.

1.  

   (3)   Cream, cream filling, fish, meat or any other fillings used for pies or pastries shall, until so used, be kept in a proper refrigerator or in a clean, well ventillated fly-proof room, store or enclosure at a temperature of not more than 45 degrees Fahrenheit.

1.  

   (4)   A person shall not use any deleterious material in the making of bread or offer for sale any bread containing any such deleterious material.

1.  

   (5)   A person shall not take back or exchange any bread which shall have been taken from the bakery for a longer period than 6 hours.

1.  

   (6)   All bread and other products of a bakery in the course of being transported for delivery shall be protected by such a wrapping as will protect it from dust, dirt, flies or other contamination and shall be conveyed in closed vehicle and for that purpose and no other and subsequent deliveries to purchasers shall be made in baskets or other receptacles.

1.  

   (7)   All vehicles used for the delivery of bread shall have the name of the owner legibly printed therein in a conspicuous place.

15.   Power to close bakery where operation is dangerous to health

Despite regulation 3(4), the medical officer of health or environmental health officer may order the closure of a bakery within a specified time, if in his or her opinion conditions are such as to endanger the health of persons working therein or those consuming the products therein and by notice in writing direct to the occupier of the bakery within such reasonable time to execute such work or take such measures as appears necessary to make the bakery comply with these Regulations. (Amended by S.I. 59/2020)

16.   Liability

Where any act or thing is by these Regulations prohibited or prescribed the duty of seeing that such prohibition or prescription is complied with shall, unless otherwise provided in these regulations, rest upon both the owner of the bakery and upon the person in charge thereof and in the event of a breach of these Regulations either the owner or the person in charge or both are liable to be prosecuted.

17.   Penalty

Any person who contravenes these Regulations commits an offence and on summary conviction is liable to a fine not exceeding $5,000 or to a term of imprisonment not exceeding 6 months or to both such fine and imprisonment. (Amended by S.I. 59/2020)

Schedule

FORM 1

(Regulation 4(1))

TO: THE SAINT LUCIA PUBLIC HEALTH BOARD

(Inserted by S.I. 59/2020)

FORM 2

(Regulation 4(4))

BAKERY INSPECTION REPORT

ENVIRONMENTAL HEALTH DIVISION

SAINT LUCIA

(Inserted by S.I. 59/2020)

FORM 3

(Regulation 6)

LICENCE TO OPERATE

(Inserted by S.I. 59/2020)

FORM 4

(Regulation 11(4))

CERTIFICATE OF HEALTH

(Inserted by S.I. 59/2020)

Public Health (Transportation of Human Remains) Regulations – Section 9

(Statutory Instruments 19/1978 and 31/2020)

S.I. 19/1978 .. in force 1 April 1978

Amended by S.I. 31/2020 .. in force 16 March 2020

ARRANGEMENT OF REGULATIONS

PUBLIC HEALTH (TRANSPORTATION OF HUMAN REMAINS) REGULATIONS – SECTION 9

Commencement [1 April 1978]

1.   Citation

These Regulations may be cited as the Public Health (Transportation of Human Remains) Regulations.

2.   Interpretation

1.  

   (1)   For the purpose of these Regulations—

“impervious coffin” means any container or box, of whatever material, which can be hermetically sealed and so maintained by plastic or rubber gasket or by metal or similar material which has been soldered or welded;

“non-scanable container” includes a container that is metal, stone or ceramic; (Inserted by S.I 31/2020)

“scanable container” includes cardboard, fiberboard, cloth, plastic, transparent glass, wood or other non-metallic receptacle; (Inserted by S.I. 31/2020)

“transportation of human remains” means the transportation of the body from the country where the death occurred to the country of its final destination after either death or disinterment. (Amended by S.I. 31/2020)

1.  

   (2)   For the purpose of these Regulations where a body is encased in a plastic container which has been sealed by heat or by adhesive material before being placed in a non-impervious coffin, that coffin shall be considered an impervious coffin.

3.   Documents necessary for transportation of human remains

1.  

   (1)   Any person desiring to transport the remains of a deceased person shall furnish the Chief Medical Officer or any medical officer appointed by him or her for the purpose with the following documents—

   1.  

      (a)     an official certificate of cause of death issued by the local registrar of deaths or similar authority;

   1.  

      (b)     a statement by the person authorised to prepare the remains, certified by an appropriate authority, indicating the manner and method in which the body was prepared and indicating that the coffin contains only the body in question and necessary clothing and packing;

   1.  

      (c)     a transmit permit stating the surname, other name or names, and age of the deceased person issued by the competent authority for the place of death, or the place of burial in the case of exhumed human remains.

1.  

   (2)   Copies of the documents required under paragraph (1) —

   1.  

      (a)     must accompany the transportation of human remains or must be provided to the environmental health officer within 24 hours of the transportation of the human remains; and

   1.  

      (b)     must be in the official language of the country to which the human remains are being transported.

1.  

   (Substituted by S.I. 31/2020)

1.  

   (3)   The outside of the coffin shall bear an immovable plaque or other appropriate marking, in a conspicuous place, indicating the name, age and place of the final destination of the body.

1.  

   (4)   A fee of $250 must be paid to the Accountant General for transportation. (Inserted by S.I. 31/2020)

(Amended by S.I. 31/2020)

4.   Conditions prerequisite for transportation

1.  

   (1)   It is not lawful for anyone to transport the remains of a deceased person unless such remains—

   1.  

      (a)     are throughly washed with an effective disinfectant and all the orifices therof are disinfected and packed with cotton saturate with an effective disinfectant; and

   1.  

      (b)     are wrapped in a sheet saturated with an effective disinfectant and placed in an impervious coffin; or

   1.  

      (c)     are properly embalmed (arterial and cavity) and placed in an impervious coffin; or

   1.  

      (d)     are properly embalmed (arterial and cavity) and encased in a plastic container which has been sealed by heat or by adhesive material before being placed in a non-impervious coffin.

1.  

   (2)   In cases where the deceased at the time of his or her death was suffering from a quarantinable disease which would have rendered him or her liable to isolation in accordance with the provisions of the Quarantine Act or any enactment replacing the same the human remains shall be properly embalmed (arterial and cavity) and placed in an impervious coffin.

1.  

   (3)   The transportation of the remains of a deceased person must be carried out to the satisfaction of the Chief Medical Officer whose certificate to this effect shall appear on the outside of the coffin. (Inserted by S.I. 31/2020)

1.  

   (4)   The remains of a deceased person must not be accompanied by a person or article which has been exposed to infection from a disease, unless certified by the Chief Medical Officer to have been properly treated or disinfected. (Inserted by S.I. 31/2020)

1.  

   (5)   The required documents furnished under regulation 3 must be properly treated and executed. (Inserted by S.I. 31/2020)

5.   Human remains to be transported in Impervious Coffin

Human remains prepared for transportation shall be placed in a hermetically sealed impervious coffin and may be transported without any covering except in the case of transportation by sea, but for protective purposes such remains may be fitted in a box made of wood or other material, so as to prevent movement or may be wrapped in a specially designed fabric. (Amended by S.I. 31/2020)

(Amended by S.I. 31/2020)

6.   Transportation of Impervious Coffin

Where human remains are transported—

1.  

   (a)     by sea, then in order to prevent movement, the impervious coffin shall be packed in an ordinary wooden case, or in a case made of any other material, or shall be placed in a specially designed container made of fabric;

1.  

   (b)     by road, the impervious coffin shall be conveyed on a closed hearse, closed van or other motor vehicle and shall be so placed as to prevent movement;

1.  

   (c)     by air, the impervious coffin may be conveyed in the baggage compartment of a passenger aircraft or in a cargo aircraft and may be equipped with a vent or safety valve if precautions are taken to prevent the excape of liquids or nauseous gases.

7.   Wreaths and flowers etc., accompanying, to comply with other laws of country

Whatever may be the method of transportation of human remains, wreaths, flowers and other similar funeral articles may be sent with the coffin only if it is permitted by the law in force in the country to which such remains are being sent.

8.   Transportation of human ashes

1.  

   (1)   Where human ashes are being transported the ashes must be properly double-packaged and labelled.

1.  

   (2)   Human ashes that are being transported into Saint Lucia or outside Saint Lucia must be placed —

   1.  

      (a)     in a scanable container; and

   1.  

      (b)     in a plastic bag inside the scanable container for added protection.

1.  

   (3)   Human ashes must be accompanied by a death certificate, cremation certificate and photograph of the deceased.

(Substituted by S.I. 31/2020)

8A.   Clearance for human remains

1.  

   (1)     Human remains must not be removed from a port of entry unless clearance for the transportation of the human remains has been issued by an environmental health officer.

1.  

   (2)     Clearance under subregulation (1) is in the form set out under the Schedule.

(Inserted by S.I. 31/2020)

9.   Penalty

Any person failing to comply with these Regulations or committing a breach thereof commits an offence and on summary conviction is liable to a fine not exceeding $5,000 or to a term of imprisonment not exceeding 6 months or to both such fine and imprisonment. (Amended by S.I. 31/2020)

Schedule

(Regulation 8A(2))

TRANSPORTATION OF HUMAN REMAINS CLEARANCE FORM

(Inserted by S.I. 31/2020)

Public Health (Barracks and Tenements) Regulations – Section 9

(Statutory Instruments 20/1978 and 26/2020)

S.I. 20/1978 .. in force 1 April 1978

Amended by S.I. 26/2020 .. in force 9 March 2020

ARRANGEMENT OF REGULATIONS

PUBLIC HEALTH (BARRACKS AND TENEMENTS) REGULATIONS – SECTION 9

Commencement [1 April 1978]

1.   Citation

These Regulations shall be cited as the Public Health (Barracks and Tenements) Regulations.

2.   Interpretation

In these Regulations “barracks” means any housing accommodation provided for the lodging of persons employed at any estate, plantation, pen, factory, works or other place, not being a dwelling house occupied by one family. “tenement building” means any building or part thereof wherein rooms are occupied by unrelated individuals or families not being a hotel, or apartment house, or lodging house or rooming house or barracks.

3.   Approval in respect of barracks or tenement buildings

A person shall not erect, alter or make addition to any barracks or tenement building, or alter or convert any other building into a barracks or tenement building except with the prior approval in writing of the Public Health Board.

4.   Specifications to hygiene

All barracks and tenement buildings shall be—

1.  

   (a)     constructed with walls not less than eight feet in ceiling height from floor to plate;

1.  

   (b)     constructed and maintained so that they are water proof and capable of being thoroughly cleaned and dried at all times when in use;

1.  

   (c)     provided with proper and sufficient means of ventilation to the satisfaction of the environmental health officer. Such means of ventilation shall have a minimum opening of 20 sq. ft. of floor area; (Amended by S.I. 26/2020)

1.  

   (d)     provided with a suitable water supply, shall be within a reasonable distance from such barracks or tenement building;

1.  

   (e)     provided with suitable bathing or washing accommodation to the satisfaction of the environmental health officer; (Amended by S.I. 26/2020)

1.  

   (f)     provided to the satisfaction of the environmental health officer with a sufficient number of sanitary conveniences properly constructed and suitably located and separate for each sex; (Amended by S.I. 26/2020)

1.  

   (g)     provided to the satisfaction of the environmental health officer with connected or adjacent suitable and adequate kitchens suitably located and constructed and sheltered by such means that will enable fires to be safely and readily lighted, and food to be properly cooked. (Amended by S.I. 26/2020)

5.   Sleeping Accommodation

No greater number of persons shall be permitted in any barracks or tenement building for the purpose of sleeping therein than is compatible with a minimum allowance of 40 square feet of floor space in respect of each person and no room used as a kitchen, wash room or pantry shall be used for sleeping purposes. For the purposes of computation no account shall be taken of a child under one year of age, but a child over one year of age and under 10 shall be reduced as half a unit.

6.   Separate Accommodation to be Provided for Sexes

Every room or part of a barracks which may be appropriate to reception of adult persons of different sexes shall be so furnished or provided that there is separate accommodation for each sex and each and every bed shall be properly separated from any adjoining bed by a suitable screen or partition of such material, construction and size, as to secure adequate privacy to the occupant of such bed.

7.   Maintenance of Barracks and Tenement Building

1.  

   (1)   All barracks and tenement building shall be maintained in good order and habitable condition.

1.  

   (2)   The interior of all barracks and tenement and of any cooking house, sanitary convenience, or other premises used in connection therein shall at all times be kept properly cleaned. The walls and ceiling or every room shall be painted every 2 years. No filth or offensive or noxious matter shall be deposited or allowed to accumulate on any such habitation or premises or on the land immediately surrounding or adjoining the same.

8.   Non compliance

The owner or person in charge of any barracks or tenement building shall be responsible for the observance or neglect of the same and commits an offence against these Regulations.

9.   Penalty

Any person who contravenes the provisions of these Regulations commits an offence and on summary conviction is liable to a fine not exceeding $5,000 or to a term of imprisonment not exceeding 6 months or to both such fine and imprisonment. (Amended by S.I. 26/2020)

Public Health (Disposal of Offensive Matter) Regulations – Section 9

(Statutory Instruments 21/1978 and 27/2020)

S.I. 21/1978 .. in force 1 April 1978

Amended by S.I. 27/2020 .. in force 9 March 2020

ARRANGEMENT OF REGULATIONS

PUBLIC HEALTH (DISPOSAL OF OFFENSIVE MATTER) REGULATIONS – SECTION 9

Commencement [1 April 1978]

1.   Citation

These Regulations may be cited as the Public Health (Disposal of Offensive Matter) Regulations

2.   Interpretation

For the purposes of these Regulations—

“filth” includes any decomposing animal or vegetable matter;

“night soil” means human excreta.

3.   Restriction in the deposit of filth night soil etc.

A person shall not throw, deposit, let out or place any filth, night soil, dead animal or other offensive matter or thing of any kind on or about—

1.  

   (a)     the premises of another person;

1.  

   (b)     any watercourse or beach;

1.  

   (c)     any public street, road, lane, alley, passage or thoroughfare;

1.  

   (d)     any other premises or place,

where such filth, night soil, dead animal or other offensive matter may create a nuisance or be detrimental to the public health.

4.   Carriage of night soil in street restricted to prescribed hours

A person shall not, except with the approval of a Chief Medical Officer, medical officer of health or environmental health officer, carry any night soil through any public street, road, lane, alley, passage or thoroughfare in any cart, vehicle or receptacle of any kind before the hour of 10:00 in the evening and after the hour of 6:00 in the morning. (Amended by S.I. 27/2020)

5.   Cart and Vehicle etc., for Carriage of Offensive Matter to be effectively secured

A person shall not use any cart, vehicle or receptacle of any kind for the conveyance of any filth, night soil or other offensive matter of any kind unless such cart, vehicle or receptacle is staunch, tight and closely covered as to prevent smell or leakage in or upon any street, road, lane, alley, passage, thoroughfare of place on or through which such cart, vehicle, or receptacle may pass.

6.   Falling or dropping of offensive matter carried on public road to be removed

Any person causing or permitting any filth, night soil or other offensive matter to fall or drop from any cart, vehicle or receptacle on to any street, road, lane, alley, passage, thoroughfare or place shall forthwith—

1.  

   (a)     remove or cause to be removed such filth, night soil or offensive matter, and

1.  

   (b)     clean or cause to be cleaned such street, road, lane, alley, passage, thoroughfare or place to the satisfaction of the medical officer of health.

7.   Approval of carriage and licence of person for the carriage of filth and night soil

1.  

   (1)   A person shall not convey any filth, night soil or other offensive matter of any kind in any cart, vehicle or receptacle unless—

   1.  

      (a)     such cart, vehicle or receptacle is first approved by a medical officer of health or environmental health officer; (Amended by S.I. 27/2020)

   1.  

      (b)     the person conveying such filth, night soil or other offensive matter first receives a licence so to do from a Public Health Board.

1.  

   (2)   Any approval or licence issued by a Public Health Board in accordance with the provisions of subregulation (1) shall be valid for a period which shall expire on 31 December next after issue, but may be renewed for a like period.

1.  

   (3)   Despite the provisions of subregulation (2) the Public Health Board may at any time cancel or revoke any licence or approval issued in accordance with subregulation (1) should he or she consider it in the interest of the Public Health so to do.

8.   (Revoked by S.I. 27/2020)

9.   Restrictions for burying night soil

A person shall not bury any night soil in any place except at such sites and in such manner as the Public Health Board may approve, and unless such night soil is covered by earth to a depth of not less than eighteen inches below the level of the surrounding ground.

10.   Provision for a sufficient and suitable sanitary convenience

1.  

   (1)   The owner of any premises which are or are likely to be used—

   1.  

      (a)     as a place of—

      1.  

         (i)     human habitation, or

      1.  

         (ii)     habitual employment; or

   1.  

      (b)     by any members of the public as a place of—

      1.  

         (i)     entertainment,

      1.  

         (ii)     refreshment,

      1.  

         (iii)     instruction, or

      1.  

         (iv)     worship,

   1.  

      shall to the satisfaction of a medical officer of health and environmental health officer—

   1.  

      (A)     provide any such premises with sufficient and suitable sanitary conveniences for the disposal of human excreta, and

   1.  

      (B)     provide any such premises to which the public are or are likely to be admitted or where persons of both sexes are or are likely to be employed or in attendance, with sufficient and suitable separate sanitary conveniences for persons of each sex.

   1.  

      (Amended by S.I. 27/2020)

1.  

   (2)   For the purpose of this regulation a suitable sanitary convenience shall be—

   1.  

      (a)     a properly constructed water closet;

   1.  

      (b)     a properly constructed pit latrine;

   1.  

      (c)     a properly constructed earth closet;

   1.  

      (d)     a properly constructed chemical closet; or

   1.  

      (e)     a properly constructed pail latrine,

1.  

   as may be approved by a medical officer of health and environmental health officer.

1.  

   (Amended by S.I. 27/2020)

1.  

   (3)   A person shall not dispose of sewage from a water closet except by one of the following systems or into one of the following places for which the prior approval of a medical officer of health is required—

   1.  

      (a)     into a properly constructed public or private sewerage system;

   1.  

      (b)     into a properly constructed suck well or cess pit;

   1.  

      (c)     into a properly constructed septic tank; or

   1.  

      (d)     into the sea.

11.   Restriction on the discharge of effluent into sea from public sewerage system

A person shall not cause or permit the effluent from any public sewerage system to flow into the sea or on into any other place except as such sites and in such manner as the Public Health Board may approve.

12.   Restriction discharge of effluent from private sewerage system

A person shall not cause or permit the effluent from any private sewerage system or from any septic tank to flow into the sea or on or into any other place except at such sites and in such manner as may be approved.

13.   Disposal of dead animal

The owner or occupier of any premises where an animal dies or is found dead or the owner of any animal found dead in any public place shall cause the body of such animal to be promptly removed and disposed of to the satisfaction of a medical officer of health or environmental health officer. (Amended by S.I. 27/2020)

14.   Burying of sea egg shells

Any person who brings or causes to be brought on to any beach whether above or below high water mark the shells or entrails of sea-egg shall as soon as is practicable thereafter, dispose of the said shells or entrails by burial to a depth of not less than 3 ft. or in such manner as may be approved by a medical officer of health or environmental health officer to avoid injury to any person using the beach and to prevent the breeding of flies or the occurrence of a nuisance. (Amended by S.I. 27/2020)

15.   Penalty

Any person contravening these Regulations commits an offence and on summary conviction is liable to a fine not exceeding $5,000 or to a term of imprisonment not exceeding 6 months or to both such fine and imprisonment. (Amended by S.I. 27/2020)

Public Health (Sewage and Disposal of Sewage and Liquid Industrial Waste Works) Regulations – Section 9

(Statutory Instruments 22/1978 and 79/2020)

S.I. 22/1978 .. in force 1 April 1978

Amended by S.I. 79/2020 .. in force 2 June 2020

ARRANGEMENT OF REGULATIONS

PUBLIC HEALTH (SEWAGE AND DISPOSAL OF SEWAGE AND LIQUID INDUSTRIAL WASTE WORKS) REGULATIONS – SECTION 9

Commencement [1 April 1978]

1.   Citation

These Regulations may be cited as the Public Health (Sewage and Disposal of Sewage and Industrial Waste Works) Regulations.

2.   Interpretation

For the purposes of these Regulations—

“activated sludge” means flocculent sludge produced by the growth of bacteria and other organisms in raw or settled sewage when it is continuously aerated;

“activated sludge process” means a biological sewage treatment: process in which a mixture of sewage and activated sludge is agitated and aerated. The activated sludge is subsequently separated from the treated sewage by sedimentation and may be re-used;

“absorption” means the adherence of dissolved, colloidal or finely divided solids on the surface of solid bodies with which they are brought into contact;

“aeration” the bringing about of intimate contact between air and liquid by one of several methods, i.e. spraying the liquid in the air, forcing air through the liquid, agitating the liquid to promote surface absorption of air;

“biochemical oxygen demand (BOD)” means the amount of dissolved oxygen consumed by chemical and micro-biological action when a sample is incubated at 20°C for a period of 5 days;

“biological filter” means an artificial bed or inert material over which sewage is distributed and through which it penetrates to under drains, thus giving an opportunity for the formation of biological slimes which bring about oxidation and clarification of the sewage;

“chemical oxygen demand” (COD) means the amount of oxygen used in the chemical oxidation of the matter present in a sample by a specified oxidising agent under standard conditions;

“collodial material” means finely divided solids which will not settle but which may be removed by coagulation;

“combined sewer” means a sewer designed to carry both sewage and surface water;

“crude sewage” means sewage which has received no treatment;

“datum” means a place of reference for a system of levels;

“detritus tank” means a tank in which sand, grit and other heavy inorganic materials are removed by sedimentation from sewage;

“digestion” means the biochemical decomposition of organic matter using anaerobic bacteria, which results in the formation of simpler and less offensive compounds;

“dilution” means the ration of the volume of a stream to the volume of sewage effluent discharging to it;

“dry weather flow” (d.w.f.) means the daily rate of flow of sewage, together with infiltration if any, in a sewer in dry weather – measured after a period of 7 consecutive days of dry weather during which the rainfall has not exceeded 0.25 mm;

“effluent” means any liquid which flows out of a containing space, but more particularly the sewage or trade waste, partially or completely treated, which flows out of a treatment plant;

“final settlement tank” means a tank through which the effluent from a biological filter, or aeration tank, flows for the purpose of separating settleable solids. When used with a biological filter it is often called a humus tank;

“industrial effluent” means the fluid discharge, with or without matters in suspension, resulting wholly or in part from any manufacturing process, and including farm and research institution effluents;

“outfall sewer” means the final sewer of a system which carries the sewage to a treatment works or to a point of discharge;

“oxidation” means the chemical change which a substance undergoes when it takes up oxygen;

“pumping station” means an installation of pumps to lift sewage from a low level to a higher level;

“Royal Commission Standard” means a suspended solids content of not more than 30 mg/1 and a BOD of not more than 20 mg/1;

“sedimentation tank” means a tank in which water or sewage containing sediment is retained for a sufficient time at a sufficiently low velocity to remove part of the sediment by gravity;

“sewage” means any water contaminated by domestic waste or trade effluents, water-borne human, domestic and farm waste. It may include effluent, subsoil or surface water;

“sewage treatment” means an artificial process to which sewage is subjected to remove or alter its constituents to render it less offensive or dangerous;

“sewer” means a pipeline to carry sewage or other wastes, and not normally flowing full;

“sewerage” means a system of sewers and ancillary works to convey sewage from its point or origin to a treatment works or other place of disposal;

“sludge” means accumulated suspended solids from sewage deposited in pipes or tanks, mixed with water to form a semi-liquid substance;

“surface water” means natural water from the ground surface, paved areas and roofs;

“suspended solids” mean the solids which are suspended in a sewage or effluent.

3.   Administration

The Public Health Board in the absence of any specially appointed Sewage Authority shall be the Authority charged with the administration and enforcement of these Regulations.

4.   Discharge of Effluent

1.  

   (1)   A person shall not discharge, or cause to be discharged, any sewer fluid or liquid industrial waste into any water course, river, stream, gulley or in any other place without the Board's permission.

1.  

   (2)   The Public Health Board may on the application of an owner or occupier permit the discharge of sewage or liquid industrial waste effluent into a water course, river, stream, gulley or in any other place if the quality is so small that dilution prevents nuisances or the sewage or liquid industrial waste is treated to the satisfaction of the Board in such a manner that the purified effluent is not offensive or deleterious when so discharged.

1.  

   (3)   Any person, desirous of discharging liquid effluent of any kind into any water course, river, stream, gulley or in any other place shall apply in writing, to the Public Health Board for consent.

1.  

   (4)   The Board may grant permission as to quality allowable of biological oxygen demand, suspended solids and other chemicals in any effluent to any stream, river, water courses etc. and in any case not below standard laid down by the Royal Commission.

5.   Sewage and Industrial Effluent Discharge into Coastal Waters

1.  

   (1)   Any person desirous of discharging sewage liquid industrial waste effluent from industrial works into any coastal water shall make application in accordance with the next succeeding regulation.

1.  

   (2)   A person shall not discharge sewage liquid industrial waste from sewage or industrial works into any coastal waters without first making application in accordance with the next succeeding regulation so to do.

6.   Sewage and Industrial Works

A person shall not, construct or cause to be constructed any sewage works, treatment or disposal facilities or any other thing in connection with or pertaining to sewage effluent before first making application to the Board in accordance with the next succeeding regulation requiring permission so to do.

7.   Application

1.  

   (1)   An application is the form set out in Schedule 1. (Substituted by S.I. 79/2020)

1.  

   (1A)   An applicant shall pay the Board the application fee for the assessment and processing of a development plan, as specified in Schedule 2. (Inserted by S.I. 79/2020)

1.  

   (1B)   On receipt of an application, the Board shall cause an inspection to be conducted of the place for construction of the sewage works, treatment or disposal facilities or thing in connection with or pertaining to sewage effluent. (Inserted by S.I. 79/2020)

1.  

   (1C)   After inspection of the place for the construction of the sewerage works, treatment or disposal facilities or thing in connection with or pertaining to sewage effluent, an environmental health officer shall submit an inspection report in the form approved by the Board that includes an Environmental Sanitation Waste Disposal Form set out in Schedule 3. (Inserted by S.I. 79/2020)

1.  

   (2)   The Public Health Board shall within a period not exceeding 31 days after receipt of plans for approval of any such works signify in writing to the person submitting the application and plans approval or disapproval of the proposed works and may in case of disapproval signify any alteration before approval can be granted.

9.   Waste water treatment plant

The Board shall cause a waste water treatment plant to be inspected by an environmental health officer as frequently as the Board considers necessary and at the end of each inspection, the environmental health officer shall submit to the Board a Waste Water Treatment Plant Inspection form as set out in Schedule 4.

1.  

   (Inserted by S.I. 79/2020)

10.   Operation and Maintenance of Sewage System

1.  

   (1)   All sewers and a sewage system shall be maintained in a good working order and good sanitary manner to the satisfaction of the public health inspectors.

1.  

   (2)   The owner of all sewage system shall keep daily, weekly, and additional records in such forms as may be specified by the regulations officer of the operation and maintenance of the sewage purification plant and any such records shall be open for inspection by the officer.

11.   Treatment Plants

The undermentioned treatment plants shall comply with the following requirements—

1.  

   1.     SEPTIC TANKS

   1.  

      (a)     Except with the approval of the Public Health Board it shall be not less than 50 feet from any wall, spring or stream of water used or likely to be used by man for drinking or domestic purposes or for the manufacture or preparation of articles of food or drink for human consumption or for the cleaning of vessels with a view to the preparation for sale of articles and otherwise in such a position as not to render any such water liable to pollution.

   1.  

      (b)     The effluent from every septic tank shall discharge through a drain not less than 6 feet in length into an approved constructed effluent disposal system which shall be not less than 50 feet from any well, spring or stream of water as described in paragraph (a) above.

   1.  

      (c)     Shall have a minimum retention time of 24 hours and effective capacity from holding sludge for a minimum of 2–3 years based on the number of persons discharging to the tank on 1 DMF per person.

   1.  

      (d)     The minimum size of a septic tank should be 3,500 litres or 700 gallons.

   1.  

      (e)     Minimum water depth 1.5 meters (5 feet) to maximum 1.8 meters (6 feet).

   1.  

      (f)     Shall be provided with adequate ventilation.

   1.  

      (g)     The invert elevation of the inlet shall be one inch higher than the invert of the outlet pipe.

   1.  

      (h)     The inlet and outlet of septic tanks shall be fitted dip pipes or dip plates to prevent the disturbances of the scum during normal operation.

   1.  

      (i)     The dip pipes shall extend about 375 mm. (15 inches) below liquid level (below overflow level) but shall not extend more than 450 mm. (18 inches).

   1.  

      (j)     The last section of the outfall drain to a septic tank shall not be laid on a steep gradient, maximum velocity 0.9 m/s or (3 ft./sec.).

   1.  

      (k)     Septic tank construction shall be made with adequate strength to resist earth movement and to support the weight of the tank walls and contents and that the floor and walls be made water tight.

1.  

   2.     IMHOFF TANKS

1.  

   Settling compartment detention:

   1.  

      2.5 to 3.0 hr. preceding bio-filters

   1.  

      1.0 to 1.5 hr. preceding activated sludge.

1.  

   Sludge compartment capacity per person:

   1.  

      0.07 to 0.10 m³ for primary sludge

   1.  

      0.085 to 0.11 m³ for primary plus humus sludge.

   1.  

      3.     SEWAGE SETTLING TANK

      1.  

         (a)     Sewage settling tank shall not be used for population below 100 and shall only be used for larger population and arrangements must be made for disludging and disposal of the sludge at a minimum interval of once a week.

      1.  

         (b)     Size of settling tank shall be 5 times the width and a minimum capacity of 12 hours Dry Weather Flow (DWF).

      1.  

         (c)     Maximum horizontal rate of flow 12 to 15 meters per hour or 40 feet to 50 feet/hour at DWF minimum of 2 tanks in parallel.

      1.  

         (d)     Sludge pipe work shall be at a minimum diameter of 150 mm. or 6 inches.

   1.  

      4.     SEWAGE BIOLOGICAL FILTERS

      1.  

         (a)     Filters beds may be circular or rectangular in plan. Rectangular filters may be permitted up to a population of 50 persons.

      1.  

         (b)     Sprinklers for biological filters (small treatment works) (300–2,000 population) shall be provided with no jets or small opening. Shall distribute effluent evenly from maximum capacity down to a mere trickle.

      1.  

         (c)     For population over 2,000 persons sprinklers shall be of the rotating type and approved by the Public Health Board.

      1.  

         (d)     Distributer for population over 50 persons and not more than 2,000 shall be of the rotating type with water wheels weir box and tipping trough or alternating siphon arrangement.

      1.  

         (e)     Maximum dosage rate of BOD loading in terms of cubic meters or effluent per cubic meter of medium per day shall be 0.6 cubic meter per cubic meter/day or 0.75 cubic meter of medium per head of population for filter serving up to 10 persons for larger works BOD loading 0.06–.09 kg. BOD per cubic meter/day will be accepted. 0.08 kg. BOD per m² rotating disc surface area.

      1.  

         (f)     Arrangements shall be made to dose filter frequently and continuously and in any case not less than 15 min. interval.

      1.  

         (g)     Re-circulation of effluent shall be provided but may be allowed omission only with the permission of the Board.

      1.  

         (h)     Depth of filter beds shall be 1.8 meters, 6 feet to 2.0 meter, 6 feet 8 inches depth of filter medium and all filtering medium must be approved by the public health officer.

      1.  

         (i)     Filter media must be approved by Public Health Department before placed into use.

   1.  

      5.     PACKAGE PLANTS

      1.  

         (a)     Anaerobic-Aerobic:

   1.  

      18 hours anerobic contact retention

   1.  

      2 hours intermediate settling retention

   1.  

      6 to 8 hours aeration at air input of 63 m³/kg. BOD per day

   1.  

      5 hours final settling retention.

      1.  

         (b)     Extended Aeration:

   1.  

      All plants shall be based on 3 DWF flow. Daily organic loading shall be 0.16 to 0.32 kg. BOD per cubic meter aeration tank capacity. Detention time shall be 24 to 48 hours in aeration tank and 4 to 7 hours in settling tank.

   1.  

      Air supplied shall be 130 to 300 cubic meter/kg. BOD loading.

   1.  

      Excess sludge withdrawal 9 to 10 litres per person/ week.

   1.  

      Excess sludge consolidation tank 6 to 8 weeks storage capacity with air bubble stirring and periodic decantation of supernatant.

      1.  

         (c)     Contact — stabilisation:

   1.  

      Contact zone 2 hour retention giving one hour absorption period at 100 per cent recirculation or capacity of 10 m3 per 11 to 16 kg. BOD per day.

   1.  

      Settling 2 hours retention.

   1.  

      Re-aeration 5 hours retention with air supply of 63 m3/kg.

   1.  

      BOD per day.

   1.  

      Aerobic digester 85L/person storage capacity.

   1.  

      6.     OXIDATION DITCH

1.  

   BOD loading shall not exceed 210 mg/1 of ditch capacity per day with:

   1.  

      (a)     A BOD/sludge loading factor near the lower end of 0.05 to 0.15 g. BOD per day per gram activated sludge.

   1.  

      (b)     Oxygen capacity shall be twice the BOD load to be removed.

   1.  

      (c)     Rotor shall maintain the required velocity in order that a velocity of 0.3 m/s (one foot per sec.) of sewage is maintained in ditch.

   1.  

      (d)     Rotor shall be immersed a minimum of 50 mm. (2 inches) and maximum of 225 mm. (9 inches).

   1.  

      (e)     A mixed liquor suspended solids shall be maintained at 4,000 to 4,500 milligrams per litre.

   1.  

      (f)     The volume of ditch 120 to 150 cubic meter length of rotor for small unlined ditch but may exceed that for larger plants if a lining is used 300 litres per person.

   1.  

      (g)     Organic loading shall be maximum of 160 kg. BOD per day per 1,000 cubic meter of ditch (i.e. 160 milligrams per litre).

   1.  

      (h)     Final settling retention time shall not be less than 1.5 hours and a maximum upward velocity of 0.9 to 1.2 meter/hour.

   1.  

      (i)     Depth of ditch shall not exceed 1.0 to 1.5 meter.

   1.  

      7.     OXIDATION PONDS

1.  

   Oxidation Ponds shall comply with the following:

   1.  

      (a)     All oxidation ponds shall be a minimum distance of 532 meters or 1,750 feet from any housing area.

   1.  

      (b)     There shall be strict control by the owner of vegetation and embankment erosion and mosquito breeding.

   1.  

      (c)     Arrangement shall be made re circulation of effluent.

   1.  

      (d)     No pond depth shall be less than 600 mm. (2 feet) and not more than 1,500 mm. (5 feet).

   1.  

      (e)     The loading shall be a maximum of 170 kg/ha or 6,000 to 10,000 persons per hectare 250 and 275 kg BOD hectare/day.

   1.  

      (f)     In special cases the Public Health Board may permit loading of 450 to 550 kg/hectare per day.

   1.  

      8.     INTERMITTENT SAND FILTERS

1.  

   Application rates of 0.10 to 0.15 m³/day per m² of surface area for secondary treatment and 0.5 to 1.0 m³ day per m² for tertiary treatment. A minimum of 2 beds provided to allow alternate dosing.

12.   Fees

A fee for a licence shall be such fee as prescribed in Regulations made therefor and shall be paid into the Treasury or Sub-Collector's Office.

13.   Penalty

Any person failing to comply with these Regulations or with any notice served thereunder commits an offence and on summary conviction is liable to a fine not exceeding $5,000 or to a term of imprisonment not exceeding 6 months, and in the case of a continuing offence to a fine not exceeding $150 for each day the offence continues after a conviction is first obtained. (Amended by S.I. 79/2020)

Schedule 1

(Regulation 7(1))

APPLICATION FORM

(Inserted by S.I. 79/2020)

Schedule 2

(Regulation 7(1A))

APPLICATION FEES

ASSESSMENT AND PROCESSING OF DEVELOPMENT PLAN

(Inserted by S.I. 79/2020)

Schedule 3

(Regulation 7(1B))

ENVIRONMENTAL SANITATION WASTE DISPOSAL
INSPECTION REPORT

MINISTRY OF HEALTH

ENVIRONMENTAL HEALTH DIVISION

WATER TANK INSPECTION FORM

MINISTRY OF HEALTH

ENVIRONMENTAL HEALTH DIVISION

DEMERIT SCORE SHEET

(Inserted by S.I. 79/2020)

Schedule 4

(Regulation 11(9))

WASTE WATER TREATMENT PLANT INSPECTION FORM

MINISTRY OF HEALTH

ENVIRONMENTAL HEALTH DIVISION

DEMERIT SCORE SHEET

(Inserted by S.I. 79/2020)

Public Health (Slaughterhouse) Regulations – Section 9

(Statutory Instruments 69/1980 and 30/2020)

S.I. 69/1980 .. in force 1 April 1978

Amended by S.I. 30/2020 .. in force 16 March 2020

ARRANGEMENT OF REGULATIONS

PUBLIC HEALTH (SLAUGHTERHOUSE) REGULATIONS – SECTION 9

Commencement [1 April 1978]

1.   Citation

These Regulations shall be cited as the Public Health (Slaughterhouse) Regulations.

2.   Interpretation

In these Regulations “slaughterhouse” means any building or place used for the slaughter of animals for human consumption.

3.   Registration

1.  

   (1)   A person shall not use premises as a slaughterhouse unless the premises are registered by the Board and a certificate of registration is issued to that person under these Regulations.

1.  

   (2)   A certificate of registration under paragraph (1) must be issued in the form set out in Schedule 1, on payment of a fee of $100 and this fee is non-transferable.

(Substituted by S.I. 30/2020)

4.   Certificate of Health

1.  

   (1)   Every person working at or for a slaughterhouse or meat stall shall in the months of June and December in every year submit himself or herself to medical examination by a medical officer of health and shall procure a certificate from such medical officer stating that upon such examination such person was found to be free from any infectious disease or tuberculosis, syphilis, erysipelas, lupus, yaws, itch or any open or running sores.

1.  

   (2)   Every certificate so obtained shall be retained and preserved for the period of 6 months from the date thereof by the manager or owner of the slaughterhouse, and shall be produced by him or her whenever so required to do for the information of the Public Health Board or environmental health officer. (Amended by S.I. 30/2020)

5.   Persons allowed inside Slaughterhouse

A person shall not be allowed in any slaughterhouse or meat stall except—

1.  

   (a)     the owner or manager thereof and the persons employed therein and certificated in accordance with these Regulations, and

1.  

   (b)     persons not suffering from any infectious or other disease as mentioned in the immediately preceding regulation.

6.   Other Uses

No owner or manager of a slaughterhouse shall use or permit any other person to use any slaughterhouse or portion thereof—

1.  

   (a)     as a sleeping place;

1.  

   (b)     for carrying on any other trade; or

1.  

   (c)     for any other purpose than that of a slaughterhouse.

7.   Premises — Hygienic requirements, etc.

For every slaughterhouse—

1.  

   (a)     the floor ceilings and inside walls and roofings must be kept clean and free from dust to the satisfaction of the environmental health officer; (Amended by S.I. 30/2020)

1.  

   (b)     the walls and floors must be washed within 3 hours after any animal has been slaughtered and all the skins, offal and waste substances removed, within the same period;

1.  

   (c)     the walls and floors must be thoroughly lime-washed every 6 months or oftener, if necessary, to the satisfaction of the environmental health officer; (Amended by S.I. 30/2020)

1.  

   (d)     persons employed therein shall be attired in clean clothes and shall before handling any carcass or portion thereof—wash his or her hands with soap and clean water and use a clean towel;

1.  

   (e)     the owner or manager shall provide sufficient soap, clean water and towel for the use of each person employed at or in connection with any slaughterhouse.

8.   Provisions for Water and Receptacles

1.  

   (1)   Every slaughterhouse must be provided with a wholesome water supply kept in good order and always sufficient for all purposes including the cleaning of the premises and all receptacles.

1.  

   (2)   Receptacles of non-absorbent material for the collection of refuse and offal must be provided by the owner or manager of every slaughterhouse and must be—

   1.  

      (a)     kept clean when not in actual use;

   1.  

      (b)     emptied within a reasonable time not exceeding 6 hours after the completion of the slaughtering operations.

9.   Repairs

For every slaughterhouse—

1.  

   (a)     the walls, particularly the internal surfaces; and

1.  

   (b)     the floor, which must be constructed of impermeable material so as to prevent the absorption of any blood, liquid, refuse, or filth or any other offensive or noxious matter,

must be kept in good order and repair.

10.   Prohibited Animals

No dogs shall be permitted to enter or be kept within any slaughterhouse, and no other animal shall be admitted unless it is intended for slaughter for the food of man, and no such animal shall be kept longer than is necessary for the purpose, and shall be confined in a proper lair.

11.   Informing environmental health officer

The owner or manager shall inform the environmental health officer of his or her intention to slaughter any animal at least 24 hours in advance. (Amended by S.I. 30/2020)

(Amended by S.I. 30/2020)

12.   Unfit Animals

In case any animal shall not be passed as fit for slaughtering by an environmental health officer, the person in charge of such animal or the owner thereof upon intimation to that effect shall, within a reasonable time of the inspection remove or cause such animal to be removed from the slaughterhouse. (Amended by S.I. 30/2020)

13.   Inspection of Carcass

1.  

   (1)   The carcass of every animal slaughtered, shall before removal for sale, be examined by the environmental health officer for the purpose of ascertaining whether the same or any part thereof is fit for human food. (Amended by S.I. 30/2020)

1.  

   (2)   If the environmental health officer is not satisfied that the carcass of any animal slaughtered or any part thereof is fit for human food, the said environmental health officer shall condemn same or request a medical officer of health or the Director of Medical Services to examine any such carcass or part thereof. (Amended by S.I. 30/2020)

1.  

   (3)   If the medical officer of health or the Director of Medical Services is satisfied that the carcass or any part thereof is unsound or unfit for human food he or she shall condemn and seize the same.

1.  

   (4)   An environmental health officer or a medical officer of health shall issue a certificate in the form set in Part 1 of Schedule 2 on payment of the fee set out in Part 2 of Schedule 2 in respect of the quantity of the carcass or other part of the carcass that has been condemned and seized under paragraph (3). (Inserted by S.I. 30/2020)

14.   Location

No slaughterhouse shall be erected within the precincts of any dwelling house or in such proximity thereto as to be a nuisance to the occupants thereof.

15.   Liability

Where any act or thing is made by these regulations prohibited or prescribed the duty of seeing that such prohibition or prescription is complied with shall, unless otherwise provided in these regulations, rest upon both the owner or manager of the slaughterhouse and in the event or a breach of these regulations the owner or manager is liable to be prosecuted.

16.   Penalty

Any person who contravenes these Regulations commits an offence and on summary conviction is liable to a fine not exceeding $5,000 or to a term of imprisonment not exceeding 6 months or to both such fine and imprisonment. (Amended by S.I. 30/2020)

Schedule 1

(Regulation 3)

CERTIFICATE OF REGISTRATION