Building Bylaws

BUILDING BYLAWS

(P.N. 82/1932 as amended).

Chapters I, II and III have been published under P.N. 385/74 and Chapter I as substituted by P.N. 173/87)

CHAPTER I



PART I - DEFINITIONS

1.(1) In these bylaws, unless inconsistent with the context and except where other meanings have been assigned to words or expressions in any particular chapter:

'Act' means the National Building Regulations and Building Standards Act, 1977 (Act 103 of 1977);

'airport zone' means a zone set aside for airport purposes in terms of any town planning scheme;

'approved' means approved by the Council or by an officer of the Council to whom its powers of approval have been delegated;

'awning' means an easily removable light-weight roof-like covering which projects from a wall or building;

'balcony' means an outside platform, enclosed along the outer edges by parapets, railings or balustrades, which may project beyond the external wall of a building at any storey above the ground storey and which may be partly or wholly roofed;

'bay window' means a window placed in a bay which has been advanced from the external wall of a building to add space to a room;

'canopy' means a rigid roof-like projection from wall of a building;

'caravan' means any vehicle or similar portable, movable or towable structure including a trailer and having no foundation other than wheels or jacks and so designed or constructed as to permit human occupation for dwelling or sleeping purposes, but excludes a mobile home or a trailer constructed to be used as a dwelling house;

'caravan park' means an area of Ian designed, laid out, used or intended for the accommodation thereon of three or more caravans, whether or not any charge is made for such accommodation;

'City ' means the City of Durban;

'City Engineer' means the person appointed as such by the Council from time to time or authorised to act in that capacity, and includes any Deputy City Engineer, the Director: Development and any other officer of the Council nominated by the City Engineer to discharge all or part of the functions of the City Engineer under these bylaws to the extent of such nomination;

'City Treasurer' means the person who from time to time holds the position as such either substantively or in an acting capacity from the Council and includes any Deputy City Treasurer; 'connecting foul-water sewer' - (Deleted by M.N. 104/94).

'connecting stormwater sewer' means a pipe vested in the Council, connecting a stormwater drainage system on premises to a stormwater sewer beyond the boundary of those premises or within a servitude area or within an area covered by a wayleave;

'Council' means the City Council of the City and includes any Committee thereof to which the relevant powers and functions of the Council in terms of any of these bylaws have been plenarily delegated;

'Council property' includes all property owned by, vesting in or under the control of the Council other than property leased from the Council;

'curtilage' means the whole of the area of the ground within the boundaries of the subdivisions forming the site of any building;

'drain' means the portion of a drainage system not vested in the Council which conveys the discharge from drainage pipes from any premises to a stormwater sewer; (M.N. 104/94)

'drainage system' means a system not vested in the Council which is used for or intended to be used for or in connection with the reception, conveyance, storage or treatment of stormwater on any premises and includes drains, fittings, appliances, septic tanks, conservancy tanks and private pumping installations forming part of or ancillary to such system;

(M.N. 104/94)

'drainage work' includes any drain, water-supplying apparatus, waste or other pipe or any work connected with the discharge of liquid or solid matter into any drain or sewer or otherwise connected with the drainage of any premises; (M.N. 104/94)

'dwelling house' means a building used or constructed or designed or adapted to be used as a residence by one family together with such out-buildings as are ordinarily used therewith;

'encroachment' means any projection from a building which encroaches under, into or over any street or public place;

'excavation work' includes loosening, taking out, and removing stone or soil or other material in connection with building work;

'existing encroachment' means any encroachment lawfully in existence at the date of coming into operation of Chapter III;

'flat' means a portion of a building designed for occupation by a single family or household for living purposes and containing one or more habitable rooms, a kitchen, a bathroom and a water closet pan;

'footpath' means a street or part of a street that is used by pedestrians;

'foul-water' means soil water, waste water and trade effluent;

'foul-water drain' - (Deleted by M.N. 104/94).

'foul-water sewer' - (Deleted by M.N. 104/94).

'frontage works' means any gate, gateway, driveway, path or other means of access to premises and any wall, fence or other structures and any permanent earthworks abutting upon a street or situated on private property within five metres of the street line or any line which the City Engineer has prescribed as a future street line;

'general business zone' means a zone set aside for general business purposes in terms of any terms of any town planning scheme;

'general residential zone' means a zone set aside for general residential purposes in terms of any town planning scheme;

'harbour zone' means a zone set aside for harbour purposes in terms of any town planning scheme;

'hoarding' means any fence or screen which is used while building or excavation work, as the case may be, is in progress, to enclose a building or material or an excavation;

'industrial zone' means a zone set aside for industrial purposes in terms of any town planning scheme;

'occupier' includes any person in actual occupation of land or premises without regard to the title under which he occupies and, in the case of premises let to lodgers or various tenants, the person receiving the rent payable by the lodgers or tenants, whether on his own behalf or as agent for any person entitled thereto or interested therein;

'outbuilding' means a private garage, privy, private workshop, private storeroom or any other similar structure other than servants' quarters, the use of which is incidental and ancillary to that of the main building on the same curtilage;

'parapet' includes a low wall along the edge of a balcony or a roof;

'party wall' means:

(i) a wall forming part of a building and used, or constructed to be used, for the separation of adjoining parts of the building belonging to different owners, or occupied, or constructed, or adapted to be occupied by different persons;

(ii) a wall whose base extends across the common boundary of land in different ownership;

'pavement' means a paved footpath;

'pile' means a structural member inserted into the subsoil and which transmits a load to the subsoil through friction or end bearing or some combination of both;

'premises' means any building together with the land on which such building is situated and the adjoining land used in connection therewith and any land without buildings;

'prescribed charges' and 'prescribed tariff of charges' mean the charges prescribed by the Council by resolution from time to time;

'public water' means any river, watercourse, bay, estuary, the sea and any other water which the public has a right to use or to which the public has the right of access;

'Regulation' means the National Building Regulations made in terms of the Act;

'residential building' means any building, other than a dwelling house, constructed, intended or adapted to be used for human residence,

including such outbuildings as are ordinarily used therewith and, without prejudice to the generality of the foregoing, includes any of the following buildings:

Apartment, houses, flats, institutions (residential)

boarding, houses, hospitals, nursing homes

clubs (residential), hotels, office buildings

convalescent homes, hostels, sanatoria;

'roadway' means that part of a street which is used by vehicular traffic;

'scaffold' means any structure or framework used for the support of persons, equipment and materials in elevated positions;

'shop' means a building or a portion of a building used or constructed or adapted to be used for the purpose of carrying on retail trade and includes any portion of such building used as showrooms or banking halls;

'site' means any subdivision or group of subdivisions on which one or more buildings have been or are intended to be erected or on which a caravan park has been or is intended to be established;

'slop sink' - (Deleted by M.N. 104/94).

'soil pipe' - (Deleted by M.N. 104/94).

'soil water' - (Deleted by M.N.104/94).

'stormwater drain' means that portion of the drainage system used or intended to be used for the conveyance of stormwater within any premises;

'stormwater sewer' means any conduit vested in the Council for the conveyance of stormwater;

'street line' means that boundary of any subdivision or building site which adjoins any street;

'street verandah' means a verandah which has its supporting columns, piers or other compression members located outside the boundaries of the site of the building to which it is attached;

'subdivision' means any piece of land which has been allotted an individual description in the records of the Surveyor-General and includes a remainder;

'tent' means any portable shelter or structure constructed or covered wholly or partly with canvas, calico, vinyl or other pliable material;

'Town Clerk' means the person who from time to time hold the position as such either substantively or in an acting capacity from the Council and any Deputy Town Clerk;

'town planning scheme' means a planning scheme, operative, approved, prepared or in the course of preparation in accordance with the provisions of Chapter IV of the Town Planning Ordinance (Ordinance 27 of 1949), and includes a scheme supplementing, varying or revoking an approved scheme, and a map illustrating the scheme;

'trade effluent' - (Deleted by M.N. 104/94).

'trade premises' - (Deleted by M.N. 104/94).

'verandah' means a roofed structure, the sides and front of which are open, attached to the outer wall (or walls) of a building and which, for stability, is dependent not only upon the building but also upon columns or piers or other compression members located outside the outer walls of the building, and in which the space under such roofing is not used for storage purposes or as a carport;

'walkway' means a boarded or built-up footway provided to enable pedestrians to pass the site of building work without having to walk in that part of the street used by vehicular traffic;

'waste pipe' - (Deleted by M.N. 104/94).

'waste water' - (Deleted by M.N. 104/94).

(2) Subject to the provision of subsection (1), any expression to which a meaning has been assigned in the Act or the Regulations shall have that meaning in these Bylaws.

1A. Nondiscrimination

(1) Subject to the provision of subsection (2) hereof, no provision of these Bylaws shall be applied so as to discriminate between persons on the grounds of race, religion or gender nor shall it be so construed as to have the effect of authorising such discrimination.

(2) Notwithstanding the provisions of subsection (1) hereof, discrimination on the grounds of gender may expressly be authorised in terms of any provision of these Bylaws which prescribes the wearing of appropriate apparel in a public place of imposes a restriction upon the entry of persons into public ablution, toilet and change room facilities or prescribes different standards for such facilities.

(M.N. 43/92)

PART 2 - BUILDINGS, BUILDING WORK AND RELATED MATTERS

BUILDING WORK ON UNREGISTERED SUBDIVISIONS

2. No person shall, except with the prior written approval of the City Engineer, erect or commence the erection of any building or commence or carry out any frontage works or cause or permit any such work to be commenced or carried out on any subdivision approved in terms of the Council's Bylaws relating to the Subdivision of Land and New Streets until separate title in respect of that subdivision has been registered in the office of the Registrar of Deeds, or the City Engineer has withdrawn or cancelled his certificate of such approval issued in terms of such Bylaws.

DEPOSITS, UNDERTAKINGS AND INDEMNITEES

3. (1) Before the return of plans and drawings in terms of section 7(3) of the Act or before the grant of permission in terms of regulation E2(1) of the Regulations, as the case may be, the owner of any land upon which a building is to erected or demolition word is to be executed shall at the discretion of the City Engineer exercised on behalf of the Council in terms of regulation F8(1) of the Regulations:

(a) lodge with the City Engineer an undertaking and indemnity in the form prescribed in the First Schedule to these bylaws; and

DEPOSITS, UNDERTAKINGS AND INDEMNITIES

3. (1) Before the return of plans and drawings in terms of section 7(3) of the Act or before the grant of permission in terms of regulation E2(1) of the Regulation, as the case may be, the owner of any land upon which a building is to be erected or demolition work is to be executed shall at the discretion of the City Engineer exercised on behalf of the Council in terms of regulation F8(1) of the Regulations:

(a) lodge with the City Engineer an undertaking and indemnity in the form prescribed in the First Schedule to these bylaws; and

(b) lapsed in terms of Section 29 of Act 103 of 1977.

(2)-(5) Lapsed in terms of section 29 of Act 103 of 1977.

USE OF AND DAMAGE TO STREETS

4. (1) In erecting any building or executing any demolition work or excavation work no person shall without the authority of the City Engineer alter, sewer, cut into or otherwise endanger or interfere or tamper with any sewer, cable, water main or other works or service of the Council or cause or permit the same to be done for any purpose whatsoever of cause or suffer any stake, drill or similar object to be driven into or under any street or public place.

(2) No person shall -

(a) - (c) Lapsed in terms of section 29 of Act 103 of 1977.

(d) make any excavation in any street or public place;

nor shall he cause or permit any such act to be done, save under and in compliance with the written permission of he City Engineer which permission may in the absolute discretion of the City Engineer be withdrawn by him in writing and upon such withdrawal the person to whom the permission was given shall immediately cease the doing of the act to which the permission related.

(3) Lapsed in terms of section 29 of Act 103 of 1977.

DRAWINGS OF BUILDINGS AS COMPLETED

5. Lapsed in terms of section 29 of Act 103 of 1977.

CONNECTION TO ELECTRICITY SUPPLY MAINS

6. The City Electricity Engineer may refuse to authorise the connection in terms of section 5(4) of the Council's Electricity Bylaws of the supply main to the electrical installation in any building or part of a building in respect of which a certificate referred to in section 14 of the Act is required until such certificate has been issued.

DEVIATION FROM APPROVALS AND SUBSTITUTION OF MATERIALS

7. (1) No person shall -

(a) Lapsed in terms of section 29 of Act 103 of 1977.

(b) substitute for any treatment of any exterior surface of any existing building or of a building under construction any other treatment of a different kind, quality or specification in order to form a background to, or form part of a sign or advertisement;

without first obtaining the written approval of the City Engineer.

(2) Lapsed in terms of section 29 of Act 103 of 1977.

NO OPENINGS IN PARTY WALLS

8. Lapsed in terms of section 29 of Act 103 of 1977.

BUILDINGS NOT TO BE UNITED WITHOUT CONSENT OF CITY ENGINEER

9. Lapsed in terms of section 29 of Act 103 of 1977.

ROOF COVERING

10. Lapsed in terms of section 29 of Act 103 of 1977.

LOADING OF BUILDINGS

11. Lapsed in terms of section 29 of Act 103 of 1977.

WINDOWS NEAR OR ABUTTING STREETS

12. All windows on the ground storey level which abut a street and are less than 2,3 m above the street shall not be made to open over any such street.

LIFT WELLS AND LIFTS

13. Lapsed in terms of section 29 of Act 103 of 1977.

VEHICULAR ACCESS TO PREMISES

14. No person shall provide a vehicular access point at a street line without having first obtained the written approval of the City Engineer.

BOUNDARY WALLS, FENCES AND OTHER STRUCTURES

15. (1) Save with the written consent of the City Engineer no person shall erect or maintain or permit to erected or maintained any gate or door made exclusively to open outwards so as to project over or across any portion of a public street or public place.

(M.N. 148/91)

(2) No person shall construct or place or maintain or permit to be constructed or placed any platform step or ramp which encroaches on any street or public place, save to the extent authorised by the City Engineer.

(3) Any barbed wire overhang encroaching over any street or public place or any place open to the public shall not be lower at any point than 2,4 m measured vertically from the surface of the street or public place, or such lesser height which the City Engineer may deem to be not likely to cause injury or damage to any person or the property of any person, provided that the maximum width of the encroachment shall be 450 mm and the applicant shall be required to apply for an encroachment permit in terms of Chapter II and pay the prescribed charges. (M.N. 15/94)

(4) Lapsed in terms of section 29 of Act 103 of 1977.

(5) A garden wall consisting of pre-cast concrete panels in conjunction with posts on or facing a street boundary or a boundary of a public place shall have its better face facing such street or public place.

STORMWATER DRAINAGE OF PREMISES : DWELLING HOUSES

16. Lapsed in terms of section 29 of Act 13 of 1977.

CHILD PROTECTION GUARDS IN FLATS

17. Lapsed in terms of section 29 of Act 103 of 1977.

SWIMMING BATHS

18 (1) For the purpose of this section a 'swimming bath' shall mean and include a plunge bath or any device or thing designed or intended to be used for swimming in or paddling in and which has a capacity of more than 2 500 litres and is capable of retaining water to a height in excess of 450 mm above its lowest part.

(2) No person shall construct a swimming bath, the structural stability of which relies upon a horizontal resistance being supplied by the surrounding soil unless such bath is located so that at no point in the bath is the least horizontal distance from such point to any servitude boundary less than one and a half times the depth of the bath at the same point.

(3) Notwithstanding the provisions of subsection (2) above the City Engineer may permit a lesser horizontal distance if other measures have been or are to be taken to ensure the stability of the swimming bath, provided that such measures are to the City Engineer's satisfaction.

DIRECTORY BOARDS AND STREET NUMBERS

19. (1) Every owner of a building used for office or business purposes (other than a building comprising shops) which is occupied by more than one tenant shall provide a directory board indicating the name of the tenant of each part of the building.

(2) The directory shall be located inside the main entrance to the building and the owner of the building shall ensure that the information depicted upon it is kept up to date and in a legible condition.

(3) Every owner of a building or portion of a building to which a separate property street number has been allocated by the Council shall provide and maintain in a legible condition at the entrance to the premises from a street or public place a board indicating such numbers in such a position as to render such number clearly visible from such street or public place. Such board and number shall comply with South African Bureau of Standards Specification 972 - 1970 (street name plates and property number plates) as published under General Notice 463 of 1982 dated 9 July 1982; provided that -

(i) the surface of such property street number shall have a light-reflecting finish which will render such property street number readily legible from such street or public place during the hours of darkness or shall be illuminated during the hours darkness to the satisfaction of the City Engineer;

(ii) notwithstanding the provisions of section 3.6.2 of SABS 972 - 1970, the background to such property street number shall either be of a colour contrasting substantially with that of the property street number itself or the board and property street number shall be otherwise to the City Engineer's satisfaction; and

(iii) such property street number shall be at least 100 mm high and not 75 mm high as set out in SABS 972 - 1970.

(4) Where premises have more than one street line, the board and property street number referred to in subsection (3) shall be erected only at an entrance to the premises from the street or public place in respect of which such property street number has been allocated, and no person shall provide and maintain a board or property street numbers at any other entrance to the premises from or so as to be visible from any other street or public place except with the prior written consent of the City Engineer and in accordance with such conditions as he may impose and a board and property street number erected in terms of such consent shall reflect the name of the street or public place in respect of which the property street number has been allocated.

(5) Where a board or property street number is provided with a written consent of the City Engineer in terms subsection (4) it shall comply with the requirements of SABS Specification 972 - 1970 (street name plates and property number plates) published under General Notice 463 of 1982 date 9 July 1982, and with the requirements of the proviso to subsection (3).

(6) Where the Council requires a building or portion of a building to which a street number has been allotted to be renumbered, the owner of the building or portion of the building shall remove the existing number and replace it with the new street in accordance with the requirements of this section.

CONSTRUCTION OF STANDS

20. Lapsed in terms of section 29 of Act 103 of 1977.

PART 3 - DRAINAGE

APPROVAL OF WORKS AND SUBMISSION OF NOTICES

21. Lapsed in terms of section 29 of Act 103 of 1977.

ALTERNATIVE POINTS OF CONNECTION

22. (Repealed by M.N. 104/94).

COUNCIL AND OWNER MAY AGREE TO CONSTRUCTION BY COUNCIL

23. It shall be lawful for the Council, at its discretion, to agree with the owner of any premises that any drainage system which such owner desires, or is required by the Council to construct in terms of the Regulations, shall be constructed by the Council, and the cost of such construction as certified by the City Engineer shall be repaid by such owner to the Council.

CONNECTIONS TO PREMISES AND CONNECTION FEES

24. (Repealed by M.N.104/94).

FULL COST CHARGES

25. Whenever any work is carried out by the Council in respect of which it is entitled to recover the full cost from any person under these Bylaws there shall be included in the full cost so recoverable such sum as the City Engineer shall certify as being the full cost of carrying out the work including any exploratory investigation, surveys, plans, specifications, schedules of quantities, supervision, administration charge and the use of tools and plant, as well as any expenditure or labour involved in disturbing, making good and remaking any part of the street or ground affected by the work.

SEALING UP OF OPENINGS

26. Lapsed in terms of section 29 of Act 103 of 1977.

27. SEWAGE NOT TO BE PASSED INTO FOUL-WATER DRAINS WITHOUT PERMISSION

(Repealed by M.N. 104/94)

28. POWER TO PROHIBIT PASSING CERTAIN SUBSTANCES INTO SEWERS AND PUBLIC WATERS

(Repealed by M.N. 104/94)

29. CONDITIONS CONTROLLING, DISCHARGE OF TRADE EFFLUENT

(Repealed by M.N. 104/94)

30. ACCEPTANCE OF TRADE EFFLUENT FOR DISCHARGE INTO SEA OUTFALLS

(Repealed by M.N. 104/94)

31. DISCONNECTION OF FOUL-WATER DRAIN

Lapsed in terms of section 29 of Act 103 of 1977.

32. WORK BY PRIVATE PERSONS

The Council shall lay all foul-water sewers and stormwater sewers and connecting foul-water and stormwater sewers unless it elects not to do so in which case the work may be executed in accordance with the following provisions:

(a) any person carrying out such work in terms of this section shall prior to commencement of such work, lodge with the City Treasurer, a written indemnity to his satisfaction indemnifying the Council against all liability in respect of any accident or injury to persons or loss of or damage to property which may occur as the direct or indirect result of the execution of such works;

(b) where a connection is to be made with any sewer, it shall be made at a point indicated by the City Engineer;

(c) whenever the surface of any street has been disturbed in the course of such work, the restoration of such resurface shall be undertaken solely by the Council at the expense of the person carrying out such work. Prior to the disturbance of the surface of such street a deposit shall be made by such person with the Council which in the opinion of the City Engineer is sufficient to cover the estimated cost of such restoration. When the actual cost is greater or less than the amount deposited any excess shall be recoverable from such person and any balance shall be refunded to him;

(d) all work shall be carried out in accordance with the requirements, and to the satisfaction, of the City Engineer.

33. MAINTENANCE OF DRAINS

(1) Lapsed in terms of section 29 of Act 103 of 1977.

(2) Should the owner or owners fail to comply with a notice issued in terms of subsection (I) by not carrying out the repairs called for, the Council may itself carry out the necessary work and recover the full cost thereof from such owner or owners in such proportions as the City Engineer in his absolute discretion may decide in each case.

(3) The owner of any premises on which drains have been cleared of any obstruction by the Council shall defray the cost of clearing such obstruction, calculated at the rate specified in the prescribed tariff of charges.

(4) The City Engineer may, on the written application of the owner of premises, inspect and test the drainage system of such premises or any section there of and recover from the owner the cost of such inspection and test, calculated at the rate specified in the prescribed tariff of charges.

34. CONSEQUENTIAL MAINTENANCE OF SEWERS

Whenever a sewer is damaged or becomes obstructed or in need of maintenance or repair as a result of the act or omission of any person, whether by reason of the failure of such person to comply with the requirements of section 33 or otherwise, the Council shall be entitled to carry out such work of maintenance or repair as the City Engineer considers necessary or to remove the obstruction at the expense of such person and to recover from him the cost of doing so in accordance with the provisions of section 28.

35. NOTICES AND DOCUMENTS

(1) Any notice, order or document required or authorised to be served upon or given to any person under these bylaws may be served or given by delivering the same or a true copy thereof to some person on the premises belonging to or occupied by the person upon whom such service is to be made, or, if there is no person to be found upon such premises who can be so served, by affixing such notice, order or document in a conspicuous part of the premises.

(2) Any such notice, order or document may also be served by post by a prepaid letter, and if so served by post shall be deemed to have been served at the time when the letter containing the same would be delivered in the ordinary course of post, and, in proving such service, it shall be sufficient to prove that such notice, order or document was properly addressed and put into the post. Any such notice, order or document may be addressed by the description of the `owner' or `occupier' of the premises (naming such premises) in respect of which such notice, order or document is served, without further name or description.

36. RIGHT OF APPEAL TO COUNCIL

Every person who is directly affected thereby shall have a right of appeal to the General Services Committee of the Council against any decision by the City Engineer or the issue of a notice by him under this part of Chapter l; provided that in the case of a notice issued in terms of section 28(1) the person to whom such notice is addressed shall comply with the terms thereof pending the outcome of the appeal.

37. FOUL-WATER DRAINS TO BE LAID ON CONCRETE

Lapsed in terms of section 29 of Act 103 of 1977.

38. CONCRETE TO BE FILLED IN

Lapsed in terms of section 29 of Act 103 of 1977.

39. URGENT CASES

Where any partial or entire reconstruction or alteration of drainage work has to be carried out as a matter of urgency the builder may, in lieu of submitting the plans, elevations, sections, detailed descriptions and particulars and serving the notice referred to in these bylaws before commencing such work, forthwith send to the City Engineer a notice in writing of such work; provided always that he shall, within seven days after the commencement of such work, submit the plan referred to in section 24 and thereafter obtain approval of such plan.

40. DRAINS WITHIN OR UNDER BUILDINGS

Lapsed in terms of section 29 of Act 103 of 1977.

41. MANHOLES

Lapsed in terms of section 29 of Act 103 of 1977.

42. COVER TO OPENINGS

Lapsed in terms of section 29 of Act 103 of 1977.

43. TESTING SANITARY FIXTURES

Lapsed in terms of section 29 of Act 103 of 1977.

44. SEPTIC TANKS OR STORAGE TANKS

Lapsed in terms of section 29 of Act 103 of 1977.

CHAPTER II

CARAVAN PARKS

1. Application for Approval of Establishment of a Caravan Park

Every person desiring to establish a caravan park shall make written application to the City Engineer on forms obtainable from the office of the City Engineer. Such forms shall be completed in every particular in duplicate, shall be dated and signed by the applicant and by the owner (if the applicant is not the owner) of the site and shall be accompanied

(i) by such plans as may be required by the Regulations to be submitted in respect of the structures referred to in section 3 of this Chapter or any building work necessary to give effect to the requirements of this Chapter or to the proposed establishment, together with an application in terms of section 4 of the Act in respect of such structures or building works;

(P.N. 173/87)

(ii) by such further details as the City Engineer may require to give effect to these Bylaws.

2. Information on Block Plan

The block plan referred to in section 1 of this chapter shall fully and clearly show the following information: -

(i) all dimensions of any subdivision forming part of the site and all the boundaries of the site;

(ii) the registered description of all the subdivisions included in the site, the names of the registered owners thereof, and the postal number of the site;

(iii) the direction of True North;

(iv) the name or names and the width or widths of the street or streets upon which the site abuts and the widths of the abutting footpaths or if there are no footpaths, the distance in metres from the nearest street boundary to the edge of the hardened portion of such street;

(v) the position and name of the nearest named cross street which intersects any street to which the site has frontage;

(vi) the position of all natural watercourses and other natural features and all sewers, drains, surface channels, water mains, electric or other cables or wires and any structures or installations supporting or connected with any of the foregoing which exist upon or traverse the site;

(vii) all servitudes, building lines and rights-of-way to which the site is subject;

(viii) the position of trees, electric and telephone poles and any other apparatus or property of the Council on any street or public place adjoining the site;

(ix) the position of any buildings to be erected on the site, of existing buildings thereon and of any building which is to be demolished with their distances shown in metres from the boundaries of the site and from each other, together with the proposed layout of the caravan spaces, access roads and paths, recreational spaces, drainage work, water supply points and lighting and details of the fence proposed to be erected in terms of section 3(vii) of this chapter;

(x) the distances, in metres, from the site boundaries to all existing buildings on adjoining subdivisions which are within 10 metres of such boundaries;

(xi) the postal numbers of the adjoining sites; and

(xii) the levels of the ground at each corner of the site and at any prominent feature and the position of any such feature together with contour lines at vertical intervals of one metre, all of which are to be in relation to mean sea level or to such other datum as the City Engineer may in writing approve for the purpose of this requirement;

provided that the City Engineer may waive compliance with the whole or a part of the provisions of this section.

3. Minimum Requirements for a Caravan Park.

The following requirements shall be met in respect of any caravan park established in terms of this chapter: -

(i) not more than 50 caravan spaces shall be provided on every hectare of land approved for this purpose, and the caravan spaces shall be so arranged as to allow a distance of not less than 6 metres between any two caravans, and between any caravan and the boundary of any residential subdivision adjoining the caravan park or less than 3 metres from any other boundary of the caravan park;

(ii) a caravan space shall have an area of not less than 90 square metres and each caravan space shall be demarcated to the satisfaction of the City Engineer;

(iii) an open space for recreational purposes shall be provided in the proportion of one-sixth of a hectare to every fifty caravan spaces; roadways shall afford free access to a public road;

(v) every caravan space shall have direct access to a roadway;

(iv) roadways not less than 2,8 metres wide, if they are intended for one-way movement of traffic only and at least 4,5 metres wide if they are intended for two-way movement of traffic shall be laid out and the surface thereof hardened to provide vehicles with adequate access to all caravan spaces under all weather conditions and such;

(vi) the position and details of vehicular and pedestrian access to the caravan park shall be subject to approval by the City Engineer and access shall be obtained only in the positions and in the manner so approved;

(vii) the caravan park shall be enclosed by a fence of a height not less than 1,8 metres to the City Engineer's satisfaction;

(viii) one permanent water stand pipe shall be provided in a convenient position for every four caravan spaces and at each stand pipe a grease trap, set in a dished and properly rendered surround, shall be provided and connected to the Council's waterborne sewerage system or to some other approved sewage disposal system;

(ix) a minimum of one bathroom or one shower cubicle for each sex shall be provided for every six caravan spaces and sufficient hot and cold water shall be laid on in pipes to every shower cubicle and bathroom;

(x) a minimum of one water closet for each sex shall be provided for every four caravan spaces in addition to 500mm of urinal length for every 12 caravan spaces or part of this number and not less than one wash-handbasin shall be provided at the entrance to each and every latrine block for the respective sexes;

(xi) the internal walls of all bathrooms and latrines shall be painted with washable paint and shall be tiled or have a smooth and impervious surface to a height of 1,4 metres from the floor;

(xii) a laundry equipped with wash tubs, ironing facilities or such alternative laundry facilities as the City Engineer may approve and an enclosed or screened drying yard shall be provided;

(xiii) a minimum of one wash-up sink shall be provided for every six caravan spaces; sufficient hot and cold water shall be laid on in pipes; and an effective hot water system shall be provided and kept in operation at all times appropriate for the cleaning of caravanners' cooking and eating utensils;

(xiv) adequate facilities shall be available for caravanners' servants if they are accommodated within the park. Such facilities. which shall be provided separately for each sex, shall include sleeping quarters, latrines and ablutions. No room used for sleeping in shall be occupied by a greater number of persons than will allow 11,3 cubic metres of free air space for each person.

4. Approval of Application to Establish a Caravan Park

After the application has been considered the City Engineer's decision thereon shall be conveyed to the applicant in accordance with the provisions of section 18 of Chapter I of these Bylaws,

5. Plans to be Adhered To

A caravan park, the establishment of which has been approved in terms of this chapter, shall be properly and attractively laid out and landscaped to the satisfaction of the City Engineer and the plan, or plans, as approved by the City Engineer shall be adhered to in the establishment of the caravan park unless the City Engineer in writing has agreed otherwise.

6. Siting of Structures, Roads and Installations in Caravan Park

All structures, roads, installations and equipment required in terms of section 3 of this chapter shall be located in accordance with the approved plans in approved positions and shall, except where otherwise expressly stated, be designed, constructed or installed to the satisfaction of the City Engineer.

7. Certificate of Approval for Occupation of Caravan Park

A certificate of approval for occupation in terms of section 14(1) of the Act must be obtained from the City Engineer before the owner or any person responsible for the conduct of a caravan park may admit any caravan to such park. Such certificate shall record the maximum number of caravans allowed to be in the caravan park at any one time. (P.N. 173/87)

8. Use of a Caravan Park

Every caravan park shall be reserved exclusively for the use of caravanners and no person shall use or permit or suffer the use of a caravan park for any other purpose not expressly authorised by the Council or by the City Engineer.

9. Conduct of a Caravan Park

(1) The owner from time to time of a caravan park established in terms of this chapter shall cause his name and address and any change of address to be registered with the City Engineer, as well as the name of any person appointed by him from time to time to be responsible to him for the conduct of the caravan park.

(2) The owner or person responsible for the conduct of the caravan park shall ensure that-

(i) all activities in the caravan park take place in such a manner as not to cause any user any inconvenience or to cause any nuisance;

(ii) the caravan park and all buildings, drainage work, roads sanitary fittings and other amenities in the caravan park are at all times kept in a clean, efficient and tidy condition;

(iii) all roadways and water closets, as well as buildings containing public or communal toilets, bathrooms or showers are lighted from dusk to dawn for the purpose of safety, convenience and traffic;

(iv) no vagrant or disorderly person is allowed to enter, loiter or remain in the caravan park;

(v) dogs or other domestic animals are effectively controlled by their owners;

(vi) he, or some competent person appointed by him is at all times in charge of the caravan park to ensure compliance with the provisions of these Bylaws;

(vii) not more than the maximum number of caravans recorded on the certificate of approval for occupation is allowed to be in the caravan park at any one time;

(viii) a minimum of one light is provided in a convenient and suitable position for every four caravan spaces to provide such illumination as the City Engineer may deem satisfactory and is kept burning from dusk to dawn whenever any one of the four caravan spaces is occupied;

(ix) fire buckets filled with water or sand and other suitable fire-fighting equipment are provided to the satisfaction of the Chief Officer, Fire Department, at points throughout the caravan park approved by such Chief Officer;

(x) suitable direction signs are placed and maintained where directed by the City Engineer;

(xi) one refuse receptacle of an approved type is provided in a convenient place for every two caravan spaces and the contents thereof are removed at regular intervals from such receptacle and it is thoroughly cleansed before being returned to its position;

(xii) a responsible person is in attendance whenever the caravan park is occupied and for this purpose, a dwelling may be erected within the caravan park;

(xiii) apart from the buildings or structures and other amenities forming part of the caravan park, and the caravans and vehicles used for moving them no tent, structure, shelter or any other similar thing is allowed in the caravan park, with the exception of side-tents or sun shades attached to caravans;

(xiv) only caravans which are in a roadworthy condition according to the Road Traffic Ordinance, 1966 (Ordinance No. 21 of 1966) and the regulations thereunder or other relevant legislation and which are in a good state of repair and of good external appearance are allowed into or to remain in the caravan park;

(xv) admittance is refused to any unsightly or dilapidated caravan;

(xvi) an effective hot water system shall be provided and kept in operation whenever the caravan park is occupied;

(xvii) no washing is done or clothing hung out to dry in any place other than the places specially provided for this purpose;

(xviii) a register is provided and maintained in which is recorded: -

(a) the names of all persons staying in the park;

(b) their permanent home address;

(c) the serial number of the caravan space allotted to them

(d) the registration number of their motor vehicle, where applicable, and

(e) their date of arrival and date of departure

(xix) the presence of any one caravan in the caravan park and the presence of any caravanner in the caravan park is limited to an aggregate of 3 months in any period of 12 months; provided that up to 20 percent of approved caravan spaces in the caravan park may be set aside for occupation whether on a permanent or temporary basis, inclusive of any caravans permanently sited and occupied in the caravan park prior to the date of promulgation of this proviso, and provided further that such caravan spaces shall be clearly identified and depicted on a drawing which shall be submitted to the City Engineer in terms of Section 1(ii) of Chapter II of these Bylaws.

(P.N. 172/82).

10. Camping Within a Caravan Park

Notwithstanding the provisions of sections 8 and 9 (2) (xiii) of this chapter, the owner of a caravan park may, with the prior written approval of the City Engineer and subject to compliance with the provisions of this chapter, use a portion of a caravan park as a camping site.

11. Application for Approval of a Camping Site.

Every owner of a caravan park desiring to establish a camping site within such park shall make written application in terms of sections 1 and 2 of this chapter and the City Engineer's decision thereon shall be dealt with in terms of section 4 of this chapter.

12. Minimum Requirements for a Camping Site Within a Caravan Park

The site shall be developed in accordance with section 3 of this chapter and, in addition, the following shall also be provided: -

(i) adequate built-in cooking facilities to the satisfaction of the City Engineer;

(ii) sufficient cold storage facilities for use by campers for the storage of their perishable foodstuffs

(iii) a form of demarcation, to the satisfaction of the City Engineer, to define the common boundary between the camping site and the remainder of the caravan park.

(P.N. 296/76).

13. Certificate of Approval for Occupation of a Camping Site

A certificate of approval for occupation, in terms of section 14(1) of the Act, must be obtained from the City Engineer before the owner or any person responsible for the conduct of a caravan park may admit any campers to the camping site within such park. Such certificate shall record the maximum number of tents allowed to be in the camping site at any one time and the maximum number of caravans that are to be allowed in the caravan park at any one time as from the date of such certificate. It shall also record that such certificate supersedes the certificate issued in terms of section 7 of this chapter.

(P.N. 173/87)

14. Conduct of a Camping Site within a Caravan Park

(1) The owner or person responsible for the conduct of a caravan park shall be responsible for the conduct of any approved camping site within such park.

(2) Such owner or person responsible for the conduct of the camping site shall ensure that: -

(i) the provisions of section 9 (2), excluding paragraphs (vii), (xiv), (xv), and (xix), are applied to the camping site;

(ii) not more than one tent is allowed to occupy any one caravan space at any one time;

(iii) no camping is permitted in the areas between caravan spaces;

(iv) not more than the maximum number of tents recorded on the certificate of approval for occupation is allowed to be in the camping site at any one time;

(v) no camping activities take place in any part of the caravan park other than the area approved as a camping site;

(vi) no tent which is unsightly, or in a dilapidated state, is allowed within the camping site; and

(vii) the presence of any one tent in any space set aside for a tent and the presence of any camper in the camping site is limited to an aggregate of 3 months in any period of 12 months.

15. Offences

(1) Save with the written consent of the City Engineer no person shall erect or maintain or permit to be erected or maintained any gate or door made exclusively to open outwards so as to project over or across any portion of a public street or public place.

(P.N. 632/74; M.N. 148/91)

(2) Every person who shall contravene this section shall be guilty of a continuing offence in respect of each day or part thereof during which such contravention continues.

16. Closure of Caravan Park

Upon the third or subsequent conviction of either the owner or the person responsible for the conduct of a caravan park established in terms of this chapter for an offence involving a breach of any of these provisions, the City Engineer may by notice in writing addressed to the owner withdraw the approval granted in terms of this chapter and require the conduct of the caravan park to cease by not later than a date specified in such notice, which date shall be not less than thirty days from the date of the notice; provided that an owner who is aggrieved by any such withdrawal shall have a right of appeal against such withdrawal, firstly to the Council and thereafter to the Administrator, and the provisions of section 14(2) and (3) of Chapter I of these Bylaws shall mutatis mutandis apply to such appeals; provided further that the period for cessation specified in the aforesaid notice shall on appeal be deemed to have commenced upon the date that the Council's decision is conveyed to the owner and where an appeal to the Administrator is subsequently lodged, upon the date that the Administrator's decision is conveyed to the owner.

CHAPTER III

CANOPIES, BALCONIES AND OTHER ENCROACHMENTS

1. Application for Permission to Erect an Encroachment

(1) Subject to the provisions of this chapter no person shall erect or alter or cause or permit to be erected or altered any encroachment or retain any encroachment in respect of which the permit has lapsed in terms of subsection (5) except under and in accordance with the written permission of the City Engineer; provided that this subsection shall not apply to a flagpole erected and used for the sole display of the national flag of a country on a building wholly or partly occupied by the consulate or embassy of that country.

(P.N. 243/86)

(2) (a) Every person intending to erect or alter any encroachment or retain any encroachment in respect of which the permit has lapsed in terms of subsection (5) shall make written application for the permission of the City Engineer on forms obtainable from the office of the City Engineer.

(b) Such forms shall be submitted in duplicate and shall be accompanied by: -

(i) such plans as may be required by the Regulations to be submitted in respect of the proposed encroachment or the alteration of an existing encroachment contemplated by the application, unless an exemption is granted in terms of section 13 of the Act, together with an application in terms of section 4 of the Act in respect of such encroachment or alteration;

(P.N. 173/87)

(ii) the prescribed charge;

(P.N. 173/87)

(iii) such further details as the City Engineer may require to give effect to these Bylaws; and

(iv) where the applicant is not the owner of the site to which the application relates, the written consent of such owner or his authorised agent to the making of the application.

(c) The owner of the building shall, in addition, furnish the City Engineer with such indemnities and undertakings as he may require and, in particular, such owner shall: -

(i) undertake without the payment of compensation to remove, alter or otherwise modify the encroachment when required by the City Engineer;

(ii) indemnify the Council against all claims and against any costs incurred by it in resisting any claims arising directly or indirectly out of the existence of the encroachment or out of his neglect to maintain such encroachment;

(iii) permit the City Engineer to enter the premises to remove, alter, repair or modify the encroachment should he fail or neglect to do so and agree to defray all costs so incurred; and

(iv) undertake not to sell or otherwise alienate the property without binding all successors in title to terms identical to those of the said indemnities and undertakings.

(3) (a) The City Engineer may refuse or grant any such application subject to such conditions not inconsistent with the provisions of these Bylaws as he may deem proper.

(b) When any application is granted the City Engineer shall issue a permit substantially in the form set out in Annexure A to this chapter, and he shall in such permit set out the conditions, if any, on which such application has been granted.

(4) (a) Notwithstanding the provisions of subsection (3) every encroachment erected under these Bylaws and every existing encroachment shall be deemed to be at the pleasure of the Council but the owner thereof shall, after receiving from the City Engineer a written notice requiring him so to do, remove any encroachment within thirty days or such longer period as the City Engineer may allow.

(b) Should the owner of such encroachment fail to remove such encroachment within the period specified in such notice, he shall be guilty of a contravention of this section and the Council may, without prejudice to any other proceedings it may decide to take, cause such encroachment to be demolished and recover the cost of such demolition from such owner.

(5) (a) Any permit issued in terms of subsection (3) and any permit valid at the date of promulgation of these Bylaws shall lapse: -

(i) upon the issue of a notice by the City Engineer in terms of subsection (4(); or

(ii) upon the expiry of a period of thirty days after a change occurs in the ownership of the building to which the encroachment is attached in which event the new owner shall apply for a new permit within such period of thirty days; or

(iii) when the encroachment is removed or the building to which it is attached is demolished.

(b) when a change occurs in the ownership of an encroachment the City Engineer shall, upon application to him and upon the payment of the prescribed fee, issue to the new owner a permit subject to the same conditions as the permit previously held in respect of such encroachment, provided that no fee shall be payable in respect of an access hardening encroachment. (C.M. 26/2/98).

2. Liability of Council

No liability whatsoever shall attach to the Council for any injury or damage to persons or property which may occur as the direct or indirect result of the existence on the street of an encroachment authorised by the Council or the City Engineer as the case may be in terms of these Bylaws or which was lawfully in existence on the date of coming into operation of these Bylaws.

3. Conditions of Permits for Encroachments

Where a permit is granted by the City Engineer for an encroachment the owner of the building concerned shall: -

(i) maintain such encroachment in a safe condition;

(ii) permit attachments to such encroachment or to the building from which it projects for the purpose of fixing electric lighting or transmission wire, street lights and similar public services of the Council;

(iii) pay to the City Treasurer the rental at the rate set out in the prescribed tariff of charges; provided that no rental shall be payable in respect of an access hardening encroachment (P.N.173/87; C.M. 26/2/98).

(iv) erect, alter or add to such encroachment, as the case may be, in accordance with the Regulations and in accordance with any conditions imposed under section 216 of the Local Authorities Ordinance, 1974 (Ordinance 25 of 1974) and sections 129 and 130 of the Durban Extended Powers Consolidated Ordinance, 1976 (Ordinance 18 of 1976);

(P.N.173/87)

(v) before carrying out the work so authorised deposit with the City Treasurer such amount as in the opinion of the City Engineer will be required to meet the cost of paving or re-paving the footpath under or over such encroachment or to make good any damage to the pavement, street, kerb or gutter consequent upon the erection or construction of such encroachment.

4. Encroachment to be Removable without Danger

Every encroachment which is permitted by the Council or the City Engineer as the case may, be shall be so constructed that its presence is not essential to the structural stability of the building to which it is attached; provided that the provisions of this section shall not apply to foundations which have been permitted to encroach by the Council or the City Engineer or to any pile cap that may be permitted to encroach in terms of these Bylaws.

5. Construction of Encroachments

The design, construction and situation of any encroachment erected, altered or added to under the written permission of the City Engineer shall be to the satisfaction of the City Engineer and shall comply with the conditions and restrictions set out hereunder, which shall be deemed to have been imposed by the City Engineer in granting permission therefor.

(a) Any encroachment projecting from a building shall: -

(i) be constructed of non-combustible material or be covered with material having a fire-resistance rating of not less than half an hour;

(ii) except as directed by the City Engineer be not less than 3 m above the surface of the footpath or, if there is no footpath, above the street or ground surface, or above such other level as the City Engineer may determine, measured to the underside of the lowest portion of the encroachment;

(iii) be at every point at least 450 mm back from a vertical line drawn through the exposed vertical edge of the kerb or, if there is no kerb, from such line as the City Engineer may determine; and

(iv) be so designed and constructed as to provide for the disposal of rainwater in such a manner as to prevent the discharge of such rainwater across the surface of any footpath or over the street through any spout or gargoyle.

(P.N. 532/84).

(b) A canopy over a street shall be designed for a superimposed load of 2,5 kilonewtons per square metre of plan area, and: -

(i) allowance shall be made for an upward wind pressure of 720 newtons per square metre of plan area with no superimposed load acting in opposition;

(ii) adequate provision shall be made for anchoring the encroachment to the building and the anchorage shall be designed for maximum loading conditions;

(iii) the encroachment shall, in the case of a new building, be incorporated in the structural design and, in the case of an existing building, be fixed in such manner as to avoid damage or danger to any member or part of the building;

(iv) the encroachment shall be so designed as to ensure that the stability of the building to which it is attached will not be disturbed if the encroachment is subsequently removed.

(P.N. 316/85).

(c) Every canopy over a street shall: -

(i) have its outer edge splayed or rounded on plan when such canopy is 450 mm from the kerb line and is carried around the corner of two streets;

(P.N. 27/83)

(ii) be provided with an artificial lighting installation which shall produce an illuminance of not less than 50 Lux, measured in the horizontal plane, at any point on the surface of the footpath, or on the ground if there is no footpath, beneath the canopy.

(P.N. 316/85; M.N. 90/90)

(d) Unless specially permitted by the Council no bay window or similar projection over a street from a building shall: -

(i) project more than 920 mm beyond the street line or any other line which the City Engineer, in approving the plan for the building, has indicated as a future street line dictated by future road development nor shall the aggregate length of any bay windows at any level over the street exceed half the length of the frontage of such building to such street;

(P.N. 159/75; 316/85).

(ii) be erected over any street which is less than 12 metres wide and no part of such encroachment shall be nearer than 920 mm from any party or flank wall of the building to which it is attached.

(P.N. 316/85).

(e) No architectural feature, including a cornice, eave of a roof, string course, pilaster, fin, window surround and the like shall project beyond the street line for more than three per cent of the width of the street which, for the purposes of this paragraph, shall be deemed to be not wider than 30 metres, provided that a flagpole which, for the purposes of this paragraph shall be deemed to be included in the foregoing expression "architectural feature", erected for the sole display of the national flag of a country on a building wholly or partly occupied by the consulate or embassy of such country, may project beyond the street line for not more than ten per cent of the width of such street.

(P.N. 243/86)

(f) Any architectural feature, excluding a cornice, string course, eave of a roof and the like, which projects over a street for more than 150 mm beyond the street line, shall be not closer to the boundary of an adjoining site than the extent of the projection of such feature.

(g) (i) No air-conditioning unit shall be permitted to project beyond the street line from the face of a building if such air-conditioning unit is installed within a height of 3,0 m from the finished ground level of the street onto which such building fronts.

(ii) Where one or more air-conditioning units are installed at a height in excess of 3,0 m from the finished ground level of the street onto which such building fronts, such unit or units shall be permitted to project for a maximum distance of 300 mm beyond the street line.

(iii) Where an existing air-conditioning unit exceeds the maximum distance of projection beyond the street line, as described in (ii) above the City Engineer may permit the continuation of the existence and use of such unit in such a position, subject to the compliance with all other requirements contained in this Chapter relating to encroachments, where applicable, and subject to the payment to the City Treasurer of a rental for each and every such air-conditioning unit at the rate as set out in the prescribed tariff of charges.

(P.N. 249/81; 173/87)

6. Encroachment to be Maintained in Proper Repair

(1) Every owner of an encroachment which has been erected in terms of these Bylaws and every owner of an existing encroachment shall maintain or cause to be maintained such encroachment in proper repair and outward appearance and shall not cause or permit such encroachment to be a disfigurement or a danger to the neighbourhood. If, in the opinion of the City Engineer, such encroachment is not being maintained in proper repair and outward appearance the City Engineer shall serve a written notice on the owner of such encroachment in which shall be specified the things to be done in order that such encroachment shall be restored to a state of proper repair and outward appearance and the date by which such things shall be done.

(2) Any person who disregards any notice referred to in subsection (1) shall be guilty of a continuing offence as from the day succeeding the date specified in such notice.

7. Lighting to be Maintained in Good Order

The owner of every building who has been permitted to attach an encroaching canopy thereto shall ensure that the lighting thereunder is maintained in good order and is illuminated nightly from dusk to dawn.

8. Encroachments Not Permitted under any Conditions

(1) After the date of coming into operation of these Bylaws, no application for permission to erect a display window, a street verandah, a foundation or a pile, which would encroach into, on, or under, a street or public place shall be granted under any conditions; provided that a pile cap or the foundation of a canopy column may be permitted to encroach.

(P.N. 532/84; 316/85).

(2) As from the date of commencement of this subsection no application for permission in terms of section 1(1) shall be granted for the erection of a balcony which will encroach over a street or public place or beyond a street line.

(P.N. 316/85).

9. Encroachment Not Permitted under certain Conditions.

An application for permission to erect an encroachment of the following type will not be granted: -

(i) a vertical sunblind, unless such sunblind is fitted with automatic retractable supports or is attached to the front of a building and, in either case the lower edge of such sunblind shall be incapable of being lowered to less than 2,5 metres above the surface of the footpath or, if there is no footpath, above the street or ground surface;

(ii) an awning, unless such awning does not project more than 1,5 metres or half the width of the footpath, whichever is the lesser, beyond the street line and the lower edge of such awning shall be incapable of being lowered to less than 2,5 metres above the surface of the footpath or, if there is no footpath, above the street or ground surface; and

(iii) a pile cap, unless such pile cap does not project more than 300 mm beyond the street line or a line shown on the approved plan of the building concerned as a future street line or a street line which has been prescribed as a future street line, and is not higher than 1,5 metres below the surface of the footpath or, where there is no footpath, below the street or ground surface or such other level as the City Engineer may prescribe.

10. Conversion or use of an encroaching verandah

(a) No person shall without the permission of the City Engineer: -

(i) use or permit to be used any enclosed verandah which projects beyond the street line as a bedroom or place for the preparation of food or a place of refreshment or entertainment;

(ii) construct any glazed screen or any other structure between the piers, columns or other supports of a balcony or verandah projecting over the street line; provided that the City Engineer may grant permission in writing for such construction in the case of an existing balcony which does not project more than 920 mm beyond the street line;

(iii) construct or maintain or permit to be constructed or maintained on any encroaching balcony any transverse dividing walls, partitions or screens which are in excess of the height of the parapet walls, railings or balustrades, as the case may be.

(b) where any enclosed verandah which projects beyond the street line is used as a bedroom or place for the preparation of food or a place of refreshment or entertainment it shall, unless the contrary is proved, be presumed that the owner of the building incorporating such verandah permitted such use.

(P.N. 316/85).

11. Use of Encroachment for Accommodation of Spectators.

(1) No owner, lessee or person in control or occupation of any building to which a verandah, canopy, balcony, roof, projection or other structure extending above ground level beyond the street line is attached shall use or permit the use of any such structure for the accommodation of spectators during any procession or display except under the authority of a written permit from the City Engineer, which shall specify the number of persons indicated on the certificate referred to in subsection (2).

(2) Application for such permit shall be made in writing by the owner to the City Engineer and shall be accompanied by a certificate from a suitably qualified and experienced professional engineer, indicating the maximum number of persons which the said structure can accommodation with safety.

(3) No such owner, lessee or person as aforesaid shall erect, or cause to be erected, temporary platforms or other structures for the accommodation of persons on any of the aforementioned structures, except with the consent of the Council first had and obtained in terms of these Bylaws.

(4) Neither the Council nor any of its official shall be held liable for any damage arising out of the accommodation of spectators as aforesaid.

12. Encroaching Architectural Features

Notwithstanding the provisions of section 3 (iii) and the prescribed tariff of charges, no annual rental shall be payable in respect of permitted architectural features of the types enumerated in section 5(e); provided that such encroachments are situated at a level not less than 3 m above the surface of the footpath or, if there is no footpath, above the street or ground surface, or above such other level as the City Engineer may determine.

(P.N. 159/75; 173/87)

13. Exceptions to Provisions of this Chapter

The provisions of this Chapter shall not apply where the applicant is required by the Council to enter into a lease in terms of Section 129(2) of the Durban Extended Powers Consolidated Ordinance, 1976 (Ordinance 18 of 1976) of the area affected by the encroachment or where in alienating to the Council an area reserved for street purposes in terms of the Town Planning Scheme, the owner retains a right to project a portion of his building under or over such areas.

(P.N. 8/76; 173/87)

ANNEXURE A



ENCROACHMENT PERMIT



(Issued under and subject to the provisions of Chapter III

of the Building Bylaws of the City of Durban)

the registered owner of

(insert full survey

description of site) situated at

(insert full postal address) is hereby authorised to construct/retain* the encroachment as depicted on the owner's plan, which plan bears the City Engineer's plan Reference No.

and his approval, or as described hereunder if the City Engineer has granted an exemption in terms of section 13 of the Act of the Building Bylaws, subject to the conditions hereinafter set out and the provisions of Chapter III of the said Bylaws.

The validity of this permit shall lapse upon -

(a) non-payment of the rental payable in terms of section 3(iii); or

(b) the expiry of the period specified in a notice issued in terms of section1(4); or

(c) the expiry of a period of 30 days after a change occurs in the ownership of the building to which the encroachment is attached; or

(d) the removal of the encroachment or the demolition of the building to which it is attached.

Description of encroachment (if applicable):

Special conditions (in terms of section 1(3)):

*Delete whichever is not applicable.

CITY ENGINEER

Date:

(P.N. 173/87)

CHAPTER IV

ADVERTISING SIGNS

1. Definition

In this Chapter, unless inconsistent with the context, the following words and expressions shall have the meanings hereunder assigned to them:

"Advertisement" means any audible or visible representation of a word name, letter, figure or object or of an abbreviation of a word or name, or of any sign or symbol, or any light which is not intended solely for illumination or as a warning against any danger, which has as its object the furthering of any industry, trade, business undertaking, event, or activity of whatever nature.

"Advertising vehicle" means a vehicle which has been constructed or adapted for use primarily for the display of advertisements.

(P.N. 220/87).

"Aerial advertisement" means any advertisement displayed or made in the air by the use of aeroplane, kites, balloons, rockets, fireworks or by any other means.

"Animated advertisement" means an electric advertisement in which a representation of one or more than one figure, object or illustration is given the appearance of movement by the successive switching on and off of lights or illuminated Lines.

"Applicant" means the occupier of premises by whom an application for permission to retain or to erect a sign or display an advertisement on such premises is made in terms of section 4.

(P.N. 221/86)

"Clear height" in relation to a sign means the vertical distance between the lowest edge of such sign and the level of the ground, footway or roadway immediately below such sign.

"Depth" in relation to a sign means the vertical distance between the uppermost and lowest edges of such sign.

"Directional" in relation to any advertisement or part thereof means that such advertisement or part conveys only the name and, in words the nature of the industry, trade, business, undertaking or activity which is carried on within the building or premises on which the advertisement appears.

"Display" in relation to an advertisement includes the production of an audible sound and "to display" has an equivalent meaning.

"Display window" means a unit of fenestration filled with glass, polycarbonate or other suitable glazing material which is in an external wall of the basement storey, ground storey or mezzanine storey of a residential building or shop and which faces a street or public place.

(P.N. 221/86)

"Electric advertisement" means an advertisement in which electric current is used.

"Fascia advertisement" means an advertisement which is directly displayed or painted on the front of a canopy or verandah beam.

"Fascia sign" means a sign which is directly affixed to the front or sides or both the front and one or more sides of a canopy or verandah beam.

(P.N. 221/86)

"Flashing advertisement" means an electric advertisement which intermittently appears and disappears as a result of the electric current being successively switched on and off or for some other reason.

"Ground sign" means a sign not attached to a building or wall but erected on the ground in any manner whatsoever or attached to any pole, pylon, screen, fence or hoarding.

"Illuminated advertisement" means an advertisement which is at any time artificially illuminated by any means whatsoever and which is either supplied directly with electrical current or is otherwise made luminous.

(P.N. 221/86)

"Length" means the horizontal measurement of a sign from one end to the other.

"National advertising" is advertising that aims at the creation or maintenance of consumer demand through the promotion of a product or service on a national scale, such product or service being available in each of the four Provinces.

"Overall height" in relation to a sign means the vertical distance between the uppermost edge of such sign and the level of the ground, footway or roadway immediately below such sign.

"Permit disc" means a metal or plastic disc referred to in section 12A(1)(b) on which is permanently imprinted the letters "D.C.", the year for which such permit is granted, which year shall commence on 1 July, and the serial number of such disc.

(P.N. 55/87)

"Pointer board" means and advertisement displayed on a sign which is erected on Council property and which displays only the name of the selling agent, the words "shown house" or "open house" or other words indicating that a house or flat for sale is on view, and an arrow indicating the route to such house or flat, and such other information as the City Engineer may app

(P.N. 221/86)

"Projection sign" means a sign affixed to a building the whole of which sign projects more than 300 mm from such building and which is not a sky sign.

"Return wall" means external wall of a building, or any other wall, which faces any boundary, other than a street line, of the premises upon which such wall is situated.

(P.N.221/86)

"Selling agent" means any person who offers property for sale on his own behalf or on behalf of another.

(P.N. 344/85)

"Sign" means any signboard, structure, device or thing intended or adapted for the display of any advertisement and includes that portion of a building on or onto which an advertisement is painted, written or projected.

"Sky sign" means a sign erected or placed on or above the parapet or any portion of the roof of a building and a sign any portion of which extends above such parapet or portion of roof but excludes a sign painted on the roof of a building.

"Street" excludes an arcade which is wholly within one or more buildings.

"Thickness" means the horizontal dimension measured through a sign at right angles to the length.

"Under-canopy sign" means a sign suspended or attached under a canopy or verandah.

"Wall sign" means a sign, other than a projecting sign which is directly attached to an external wall of a building, or on a wall external to and not part of a building.

(P.N. 321/83; 221/86)

ADMINISTRATION AND GENERAL

2. Advertisements and signs for which approval is required

Subject to the provisions of this Chapter no person shall erect, alter, display or maintain or cause or permit to be erected, altered, displayed or maintained any advertisement or sign which is visible from or which in the case of an advertisement can be heard in any public place except under and in accordance with the written permission of the City Engineer.

3. Exempted advertisements and signs

The provisions of section 2 shall not apply to -

(a) any advertisement or sign which is displayed or erected: -

(i) outside the registered office and every office or place of business of a company as required by section 50(1)(a) of the Companies Act, 1973 (Act 61 of 1973), and which bears the name only of such company;

(ii) on the outside door of the office or place of business of a co-operative society or company, in terms of section 104 of the Co-operative Societies Act, 1939 (Act 29 of 1939), and which bears only the name of such society or company and a statement that it is registered in terms of the said Act;

(iii) at or over or near to the main entrance to any premises in respect of which a licence to carry on any business has been issued, and which bears only the name under which the business is carried on; or

(iv) outside the offices of accountants, actuaries, advocates, architects, attorneys, consulting engineers, conveyancers, dentists, medical practitioners, notaries, surveyors, veterinarians or other persons rendering services of a professional nature, one of a person or partnership and the nature of the profession is reflected; provided that: -

(aa) no such advertisement or sign shall exceed 0,3m2 in area or project more than 50 mm from the building or beyond the street line at the point at which it is fixed;

(bb) any two or more such advertisements or signs outside the office or place of business of a company shall be collectively placed and neatly arranged at the entrance to the premises; and

(cc) any two or more such advertisements or signs outside premises occupied by persons carrying on any of the professions referred to in subparagraph (iv) above shall be collectively placed and neatly arranged at the entrance to the premises,

(b) any advertisement or sign (other than an illuminated advertisement or sign), displayed in or erected in the interior of a building or displayed on a vehicle other than an advertising vehicle, book newspaper, magazine or similar publication or which relates solely to the sale of any such publication. (P.N. 221/86; 220/87)

(c) any advertisement which is displayed on the inside or outside surface of a display window, other than an illuminated advertisement.

(P.N. 221/86)

(d) any advertisement not exceeding 2 m by 1,5 m in size advertising the sale or lease of premises which is displayed within the curtilage of the premises to be sold or leased or which does not project beyond the boundary of such premises by more than 100 mm and is parallel to the street frontage; provided that such advertisement is limited to one per street frontage of the premises and is not displayed above or on the top of a canopy; and further provided that the dimensions of any such advertisement which relates to a dwelling house do not exceed 1,5 m by 1 m. (P.N. 221/86)

(e) any builder's board not exceeding 5 mï ¿ ½ in area which is displayed on or within the curtilage of premises where building work, excavation work or pile-driving is in progress; provided that not more than four such boards are displayed simultaneously on such premises. (P.N. 221/86)

(f) any advertisement relating to an election, unless displayed in a street or public place or on other property of the Council whether movable or immovable, other than leased property, provided that the person who displays or causes or suffers such advertisement to be displayed shall comply with the requirements of section 12(4) (iv),(vii) and (viii) where applicable and section 12(6) to (9) shall mutatis mutandis apply; (P.N. 221/86)

(g) any advertisement relating to any meeting, event or function for religious, educational, cultural, charitable, social, sporting or civic purposes unless displayed in a street or public place or on other property of the Council, whether movable or immovable excluding leased property provided that the person who displays or causes or suffers such advertisement to be displayed shall comply with the requirements of section 12(4) (iv), (vii) and (viii) where applicable and section 12(6) to (9) shall mutatis mutandis apply; (P.N. 221/86)

(h) any advertisement displayed for the purpose of a public celebration festival or festivity either for the period commencing two weeks prior to the holding of such celebration, festival or festivity and ending on the third day following the date of the termination thereof, or for a period of three months, whichever is the shorter; provided that such advertisement is maintained, in the opinion of the City Engineer, in a safe neat and tidy condition; (P.N. 221/86)

(i) any advertisement displayed on a portable board, which does not exceed one metre by 600 mm in size, and stands within the curtilage of premises, provided that no such advertisement shall be displayed between the hours of 18h00 and 06h00. (P.N. 243/86)

(j) any non-illuminated notice not exceeding 0,5 mï ¿ ½ in area over a maximum length of 2,0 m which does not project over a public street or place and which serves solely to convey a warning or direction in relation to the premises or to identify the use for which portion of the premises is reserved, and the only advertising content on which notice serves merely to identify the person or body for which such portion is reserved in relation to that use and; (P.N. 221/86; 243/86

(k) a flagpole used solely for the display of the national flag of a country on a building wholly or partly occupied by the consulate or embassy of that country. (P.N. 243/86)

4. Application Procedure

(1) Every person intending to display, erect, alter or maintain any advertisement or sign for which the prior written permission of the City Engineer is required other than a sign to which section 12 applies, shall apply for such permission on forms obtainable from the office of the City Engineer. Such forms shall be completed in every particular in duplicate, and shall be dated and signed by the applicant, who shall be the occupier of the premises upon which such advertisement or sign is or is to be located. (P.N. 221/86)

(2) Save as is provided in subsection (3) every such application shall be accompanied by: -

(a) full particulars of the dimensions of such advertisement or sign and its location on a building or of any other supporting structure, the materials of construction, the name and address of the person or contractor displaying or erecting the advertisement or sign, the name and address of the manufacturer and where applicable, full electrical details in regard thereto:

(b) drawings either in original form in ink on linen or other approved durable material, or in the form of legible prints on a durable material provided that in either case the size of the sheets shall be A0, Al, A2, or A3 and shall comprise: -

(i) a block plan indicating the position of such advertisement or sign on the premises, drawn to a minimum scale of 1: 500;

(ii) full detailed dimensioned drawings, drawn to a scale of not less than 1: 20, showing the full text, lettering detail, colour, material, construction and method of attachment or suspension of the advertisement or sign;

(iii) a plan with elevations and sections to a scale of 1: 100 showing the position of such advertisement or sign and its relationship to the premises and architectural features of any building, as well as to any existing advertisements or signs on the premises or any premises adjoining thereto; provided that -

(aa) in the case of a large building, the City Engineer may, in his discretion, accept a drawing which shows only the portion of the elevation of the building on which such advertisement or sign is to be displayed nor erected, in which case the entire elevation shall be indicated diagrammatically thereon, and a photograph of such elevation not less in size than 110 mm x 85 mm, shall be supplied showing clearly all existing signs thereon:

(bb) in the case where due to some special circumstance, a drawing of the elevation may be difficult to provide, the City Engineer may, in his discretion, accept a large photograph clearly showing the elevation with all existing signs in relation to the proposed advertisement and sign, and including details of same as required under (a);

(cc) in the case of a painted or non-illuminated advertisement on a wall sign or on a fascia sign whose superficial area does not exceed 1,0m2, the City Engineer may, in his discretion, accept an application which complies with the requirements of subsection (1) and paragraphs (a) and (f) of this subsection and which is accompanied by a photograph measuring not less than 200 mm x 250 mm which clearly shows the elevation of the building with all existing signs in relation to the proposed advertisement and sign as indicated thereon, together with a sketch of such advertisement and sign indicating their dimensions, colours and the advertising content thereof;

(P.N. 221/86)

(c) a clear photograph of the premises with the proposed advertisement or sign sketched thereon;

(d) such other drawings or photographs as are necessary, in the opinion of the City Engineer, to explain the true nature and scope of the application;

(e) in the case of a projecting sign, sky sign or ground sign, details regarding the size and material of all members of the supporting framework and of the anchorages and, if required by the City Engineer, full details of the basic assumptions used and the calculations made in the design of such sign and its supporting structure for the purpose of ensuring its stability as a whole: and

(f) the prescribed fee;

(g) Deleted by P.N. 221/86.

(3) The provisions of subsection (2) shall not apply to applications for permission to display advertisements or erect signs made in terms of section 12 and to display aerial advertisements made in terms of section 4A. (P.N. 293/85 )

(4) (a) The City Engineer may refuse an application made in terms of subsection (1) or may grant it subject to such conditions, not inconsistent with the provisions of these Bylaws, as he may deem proper.

(b) Every advertisement or sign displayed or erected under these Bylaws shall be deemed to be at the pleasure of the Council, and the owner or person having possession or control thereof shall remove any advertisement or sign within thirty days after receiving from the City Engineer a written notice requiring him to do so provided that, unless the City Engineer's permission in terms of paragraph (a) of this subsection is granted for a specified lesser period, and subject to the provisions of paragraph (g) below, no such notice shall be given until the expiry of one year from the date of permission, in the case of a ground sign, two and a half years in the case of an advertisement applied to any surface by means of paint and of five years in the case of any illuminated advertisement or sign.

(c) Any application which has been referred back to the applicant for amendment, shall be resubmitted within two months of the referral notice, failing which the application shall lapse. (P.N. 221/86)

(d) Permission granted in terms of paragraph (a) is granted to the applicant only and shall lapse if he ceases to occupy the premises or to conduct the industry, trade, business. undertaking or activity to which the advertisement or sign relates; provided that the permission may on application to the City Engineer be transferred to a person who becomes the occupier of the premises concerned and succeeds the applicant as the person conducting the said industry, trade, business, undertaking or activity if such application is made within thirty days from the date of occupation. (P.N. 221/86)

(e) A permission granted in terms of paragraph (a) shall lapse if the advertisement or sign is not displayed or erected within six months from the date of such permission, which period may be extended by the City Engineer for a period not exceeding six months, on the written application of the applicant.

(f) The applicant shall, within seven days after the erection of a sign give notice thereof to the City Engineer on a form obtainable from him.

(g) Notwithstanding the provisions of paragraph (b) an electric or illuminated advertisement which, after erection, in the opinion of the City Engineer, disturbs the occupants of any other premises shall, on the written order of the City Engineer, be altered in such manner, or limited to such hours of operation as may be specified in such order, or removed by the applicant or if he fails to do so, by the owner of the premises within such period as the City Engineer may specify.

(h) The City Engineer shall, if so requested in writing by an applicant whose application has been refused, or whose application has been granted subject to conditions, or a person on whom an order has been served in terms of paragraphs (b) or (g), forward the relevant documents, together with a report thereon, to the Town Clerk for consideration by the Council or any Committee of the Council to which it may have delegated its powers to review the decision of the City Engineer. Such request shall be made within fourteen days from the date on which the applicant receives the notice advising him of the City Engineer's decision or the order, as the case may be. The notice or the order shall be deemed to have been received on the third day after its despatch to the applicant or person concerned until the contrary is proved.

4A. Aerial Advertisements: Applications.

Every application for permission to display, alter or maintain an aerial advertisement shall be accompanied by: -

(a) particulars of the aerial advertisement, including its content, dimensions; the means of display and materials of construction;

(b) full particulars of the balloon, kite or other device by means of which the advertisement is to be displayed (in this section referred to as "the aerial device", which device shall be deemed to be a sign for the purposes of these bylaws), including the materials of which it is made and the manner of construction and dimensions, as well as the method of anchorage or tethering;

(c) the intended location with a description of the premises to which the aerial device will be anchored or tethered;

(d) the name and address of the person or contractor displaying the aerial advertisement and the name and address of the manufacturer of the aerial device and of its owner;

(e) the period and times of display;

(f) drawings in ink on approved, durable material, in original form or in the form of legible prints and in either case in A0, A1, A2 or A3 size comprising: -

(i) dimensioned drawings to a scale of not less than 1: 50 of the proposed advertisement, showing the full text and content, lettering detail, colour, method of reproduction, material and manner of attachment to the aerial device;

(ii) a block plan indicating the position of the aerial device on which the advertisement is to be displayed in relation to the premises to which it is to be anchored or tethered drawn to a minimum scale of 1: 500, showing all buildings on such premises and the adjoining premises and buildings thereon, as well as electricity and telephone poles and cables and all other structures within 30 m of the proposed anchoring or tethering point;

(g) such other details, drawings or photographs as are necessary, in the opinion of the City Engineer, to explain the true nature and scope of the application;

(h) full details of the method of anchoring or tethering the aerial device, which shall be certified by a registered professional engineer, together with specifications of the size and materials of construction of all members of the tethering system and anchorage and, if required by the City Engineer, full details of the basic assumptions used and the calculations made in the design of such aerial device and its tethering or anchoring structure for the purpose of ensuring their stability and strength;

(i) the prescribed fee;

(j) where the applicant is not the owner of the premises within the boundaries of which the aerial devise is to be anchored or tethered, the written consent of the owner to such anchoring or tethering;

(k) a written indemnity by the owner of the aerial device or his duly authorised agent, indemnifying the Council and its employees and the owners and occupants of the premises to which the device is to be anchored or tethered and of any adjoining premises as well as all other persons against damage to property and personal injury or loss of life resulting from any act or omission on the part of such owner or agent and their agents and employees, which indemnity shall be to the satisfaction of the City Engineer. (P.N. 293/85).

4B. Advertising Vehicles

Every application for permission to erect a sign on an advertising vehicle shall be accompanied by -

(a) full particulars of the sign including the materials of which it is made and the manner of its construction and dimensions;

(b) the full names, addresses and telephone number of the owner of the vehicle or, if the owner resides or has his place of business outside Durban, of the person having control of the vehicle at all times;

(c) drawings either in original form in ink on linen or other approved durable material, or in the form of legible prints on a durable material; provided that in either case the size of the sheets shall be A0, A1, A2 or A3 and shall comprise a plan with elevations and sections to a scale of 1: 50 showing the advertising vehicle, the supporting structure of the sign, its material and the method by which it is secured to such structure;

(d) one or more clear photographs of the advertising vehicle, if such vehicle exists, without and with the advertising sign secured thereto;

(e) a copy of the current vehicle licence and of a road-worthiness certificate (if applicable issued in respect of such vehicle by the Natal Provincial Administration; and

(f) the prescribed fee. (P.N. 220/87)

5. Existing advertisements and signs

Subject to the provisions of section 4(4)(b), 4(4)(g), 9 and 10, the provisions of this Chapter shall not apply to any advertisement or sign lawfully in existence before 28 July 1983 if such advertisement or sign is continuously displayed or kept in position without any alteration other than a minor alteration which the City Engineer in his sole discretion allows. (P.N. 221/86)

6. Alterations to Advertisements or Signs.

The permission granted in respect of any advertisement or sign shall lapse when any alteration or addition is made to such advertisement or sign; provided that the provisions of this section shall not apply to any advertisement referred to in section 11(2)(c)(iv) (bb) and (cc); provided, further, that minor alterations or changes of text may be approved by the City Engineer by an endorsement on the original application.

7. Contravention of the provisions of this chapter

(1) Any person who displays an advertisement or erects a sign which does not comply with or conform to the requirements of this Chapter or who otherwise contravenes or fails to comply with any provision thereof shall be guilty of an offence.

(2) Whether or not a prosecution for an offence under subsection (l) has been instituted, when any advertisement or sign is being displayed or has been erected: -

(i) for which no permission has been granted by the City Engineer; or

(ii) for which the permission has expired lapsed or been withdrawn; or

(iii) which does not conform to the particulars supplied in terms of section 4(2)(a); or

(iv) which does not comply with the conditions under which the City Engineer's permission was granted; or

(v) which does not comply with or is contrary to any other provision of these Bylaws:

the City Engineer may by notice in writing served on the person who is displaying the advertisement or who has erected the sign as the case may be or who is causing or permitting such advertisement or sign to be displayed or erected or the owner of the premises upon which it is being displayed or has been erected or upon both such person and such owner, direct him or them as the case may be within a time to be specified in such notice, which shall not be less than fourteen days from the date on which the notice was given to remove such advertisement or sign or to do such other things as may be set forth in such notice so as to bring the advertisement or sign into conformity or compliance, as the case may be.

(3) If a person to whom notice has been given in terms of subsection (2) fails to comply with a direction contained in that notice within the period therein specified the City Engineer may, at any time after the expiration of that period through the agency of any person authorised thereto by him enter upon the land upon which the advertisement or sign to which the notice relates, is being displayed or has been erected and remove the advertisement or sign or effect the alterations prescribed in the notice.

(4) The Council may recover the expenses which have been incurred by any action taken under subsection (3) from any person to whom the notice in question was given, unless he proves: -

(a) that he did not at the time when he received the notice nor at any time thereafter display the advertisement or erect the sign, as the case may be; or

(b) that he did not take any active part in displaying the advertisement or erecting the sign and did not grant any person permission to display or erect it and did not receive any valuable consideration in connection with the displaying of the advertisement or the erection of the sign, and that he does not manufacture an article or own, control or manage a business or undertaking to which the advertisement relates.

(5) No compensation shall be payable by the Council to any person in consequence of any removal or other work required to be effected in terms of subsection (2).

(6) For all purposes of these Bylaws the owner of any premises on which an advertisement or sign is displayed or has been erected, as the case may be, or, where the owner does not occupy such premises, the occupier thereof and the manufacturer of any article or proprietor of any industry, trade business, undertaking or activity to which the advertisement relates and the promoter of any entertainment or function to which an advertisement relates or any agent of such manufacturer, proprietor or promoter shall, unless the contrary is proved, be deemed to have displayed erected or maintained such advertisement or sign or to have caused or permitted any such advertisement or sign to be displayed, erected or maintained, as the case may be.

8. Damage or defacement due to removal of Advertisements or Signs (P.N. 221/86)

Any damage to or defacement of any premises caused by or resulting from the removal of any advertisement or sign shall forthwith be made good to the satisfaction of the City Engineer by the owner of the premises.

9. Construction of Signs

The person erecting or causing the erection of any sign shall ensure compliance with the following provisions:

(a) Resistance to loads. The sign and its supports and anchorage shall be able to sustain the dead load to which they may be subjected together with a wind loading equivalent to a horizontal static pressure of 1,9kN/m2.

(b) Drainage. Adequate provision shall be made to drain every sign to prevent the accumulation of water.

(c) Glass.

(i) All glass used in advertisements and signs other than glass tubing used for gas discharge illumination or similar appliances shall be of an approved type of safety glass having a thickness of not less than 4 mm.

(ii) No pane shall have an area greater than 1mï ¿ ½ .

(iii) No pane shall be secured in such a way that its stability is dependent upon any other pane.

(iv) An approved form of protection shall be provided to minimise the possibility of damage to the glass by falling objects.

10. Maintenance of Advertisements or Signs

(1) (a) The owner of premises on which an advertisement or sign which is exempted in terms of section 3 from the provisions of section 2 has been displayed or erected, as the case may be, and

(b) the owner of the premises on which an advertisement or sign which is not so exempted has been displayed or erected, as the case may be, and the applicant who has been granted permission in terms of section 4(4)(a) in respect thereof, jointly and severally, shall maintain such advertisement or sign (together with its supports, braces guys and anchors) in a state of good repair, both structurally and aesthetically. (P.N. 221/86)

(2) Whenever any alteration is made to the ground level below or adjacent to any advertisement or sign the person or persons who are liable to maintain the advertisement or sign in terms of subsection (1) shall alter the height of such advertisement or sign so as to bring it into conformity with the provisions of this chapter, if practicable. (P.N. 221/86)

(3) Should any advertisement or sign become dangerous, unsightly or in any way constitute a nuisance, the person or persons who are liable to maintain the advertisement or sign in terms of subsection (1) shall forthwith remove the source of danger, the cause of the unsightliness or the nuisance and failure to do so will constitute an offence. Should such person fail to comply with the terms of a notice from the City Engineer requiring him to remove such source of danger, the cause of the unsightliness or nuisance, the City Engineer may remove the advertisement or sign concerned and recover the cost of doing so in terms of section 7(4) and no compensation shall be payable by the Council in consequence of such removal. (P.N. 221/86)

(4) The owner and any occupier of any premises upon which any advertisement or sign is displayed or erected within the public view shall permit the City Engineer or a member of his staff duly authorised by him, to inspect such advertisement or sign and to execute any work in relation thereto or to remove the same, and shall furnish the City Engineer or such member, as the case may be, with any information that may be required regarding the display, erection or maintenance of such advertisement or sign.

11. Prohibited advertisements and signs

(1) No person shall display any of the following advertisements or erect any of the following signs:

(a) any advertisement which, in the opinion of the City Engineer is of an indecent, obscene or objectionable character or of a nature calculated to produce a pernicious or injurious effect on the public or any particular class of persons, or is displayed in any place, in such manner or by such means as, in the opinion of the City Engineer, is likely injuriously to effect the amenities of, or to disfigure any neighbourhood when the City Engineer has by notice served on such person conveyed his opinion to that effect;

(b) any advertisement that is painted onto or attached in any manner to a tree or other plant or to any rock, cliff or other natural feature; (P.N. 221/86)

(c) any advertisement or sign which obstructs any street, fire escape, exitway or any window or door or other opening used as a means of egress from premises or for ventilation or for fire fighting purposes or which prevents free passage from one part of a roof to another;

(d) any advertisement or sign which is prohibited in terms of any town planning scheme;

(e) any advertisement on a portable board displayed on a street pavement;

(f) any advertisement or sign that is painted on or in any way affixed to the inside or outside surface of any window of a residential building other than a display window. (P.N. 221/86)

(2) (a) Advertisements painted on roofs. No advertisement shall be painted on a roof of a building which is not situated in an industrial zone or an airport zone.

(b) Advertisements or signs interfering with traffic or shipping control. No advertisement or sign shall be displayed or erected: -

(i) which interferes with or is likely to interfere with any sign or signal for the control of traffic or with any marine or air navigational light or which is in any way likely to constitute a danger to traffic or shipping or aircraft;

(ii) which is so placed as to obstruct the view of traffic whether at any street intersection or elsewhere.

(c) Advertisements or signs in certain places or of certain materials. No advertisement or sign shall be displayed or erected: -

(i) on top of a canopy or verandah unless it consists solely of individual letters not exceeding 750 mm in height to which may be added not more than two symbols, provided that: -

(aa) the letters and symbols shall be of the cut-out type or be individually boxed, and

(bb) a symbol shall not exceed 1 m in height, and shall be mounted separately to the letters;

(ii) as a sky sign except in an industrial or harbour zone (other than the industrial zones fronting onto Umgeni Road and North Coast Road) unless it is, in the opinion of the City Engineer, or such size or so backed by a portion of the building, or so constructed, as not to detract from the amenities of the neighbourhood or the appearance of the building;

(iii) in any area other than an industrial or general business zone unless such advertisement or sign is of an exclusively directional nature or is erected on an accommodation establishment as defined in section 1 of the Hotels Act,1965 (Act 70 of 1965) or retail business premises;

(iv) on a sign made of cloth, paper, plastic, paper-mache or other material of a like nature unless such advertisement: -

(aa) is displayed on a sale banner which is erected, parallel to and on the face of the premises fronting a street, not more than six times annually for periods not exceeding two weeks and which does not exceed 0,3m^2 in area for each linear metre of building frontage;

(bb) relates to current or forthcoming programmes and is displayed on or within the curtilage of premises used for public entertainment upon a sign and in a position approved by the City Engineer;

(cc) is displayed on an approved ground sign or on a flag which is affixed to a flagpole attached to a building in a manner approved in writing by the City Engineer, subject, at his discretion, to certification by a registered professional engineer; (P.N. 243/86)

(dd) is displayed during public celebrations or festive occasions;

(ee) is on any portion of a sunblind or awning;

(ff) is displayed as an advertisement in accordance with the provisions of section 12 of this Chapter.

(gg) is either a flag referred to in the proviso to section 1 (1) of Chapter III or the registered flag of a shipping company or a company's house flag displayed at its main office or factory in the City.

(P.N. 243/86)

(d) Deleted by P.N. 220/87.

(e) Extent of advertising matter permitted on signs. Not more than 50% of the area of any face of any advertisement or sign painted, affixed to or erected on any cantilever or verandah or on the street facade of any building shall contain advertising matter other than of an exclusively directional nature; provided that in the case of any advertisement or sign on the street facade of a building the City Engineer may grant relaxation of this provision as long as the total area covered by advertising matter on such building does not exceed 50^270 of the sum of the area of all faces of advertisements or signs on such building.

12. Advertisements and Signs on Council Property

(1) No person shall in any street or public place or on Council property display or cause or permit to be displayed any advertisement relating to an election or advertising any meeting, function or event of a sporting, civic, cultural, social, educational, religious, charitable or political or other similar character unless he shall have first obtained the written permission of the City Engineer; provided that-

(i) no permission shall be given for the display of any advertisement which contains advertising matter unconnected with the meeting, function or event advertised and which occupies more than 10% of the surface area of the advertisement; and

(ii) no permission shall be given for the display of any advertisement which in the opinion of the City Engineer, is primarily of a commercial character.

(2) Every application for permission in terms of subsection (1) shall be accompanied-

(i) by a deposit which, in the case of election advertisements, shall be R355,00 in respect of each candidate in each ward or constituency as the case may be, and in the case of other advertisements shall be R180,00 for every fifty copies or part thereof to be displayed;

(M.N. 435/85; 181/86; 88/87; 55/88; 98/89; 190/91; C.M. 15/6/92)

(ii) where any advertisement is to be displayed on any property the written consent of the head of the municipal department in which control of the said property vests.

(3) A deposit paid in terms of subsection (2) shall, subject to the provisions of subsections (6) and (10), be refunded when all the advertisements to which it relates have been removed to the satisfaction of the City Engineer

(4) Any person who, in the exercise of permission granted in terms of subsection (1), displays or causes or suffers an advertisement to be displayed shall comply with the following requirements-

(i) No advertisement and no board or material to which an advertisement is attached shall be placed in such a situation or fastened in such a manner as is likely in the opinion of the City Engineer, to constitute a danger to any vehicular traffic or pedestrian or to any other person or any property in any street or public place or to Council property.

(ii) No advertisements relating to the same meeting, function, event or election candidate shall be placed within 100m of each other

(iii) No advertisements on the boards or material to which they are attached shall be so placed that the content of separate advertisements when read in succession, forms a continuous legend relating to the same meeting, function or event.

(iv) No advertisement relating to a meeting, function or event other than an election, shall be displayed for longer than 14 days before the day on which it begins or longer than three days after the day on which it ends.

(v) Save with the special consent of the City Engineer, not more than 100 advertisements or copies of an advertisement shall be displayed at any one time relating to any meeting, function or event other than an election.

(vi) In respect of each candidate not more than 200 election advertisements or copies of an election advertisement shall be displayed in the places referred to in subsection (1).

(vii) No election advertisement shall be displayed for longer than the period extending from the beginning of the day of nomination to the end of the third day after the day of the election.

(viii) Any cloth, paper, papier-mache or other similar material which may be used for the display of the advertisement shall be securely fixed to a portable board.

(5) Nothing in this section shall apply to an advertisement which-

(i) is displayed in or on a private motor vehicle parked or being driven in a street or public place in the course of its normal use as such a vehicle;

(ii) is affixed to a ground sign approved in terms of these bylaws for the display of advertisements.

(6) Any person who, having displayed or caused to be displayed any advertisement in respect of which approval has been given under subsection (1), fails to remove it or cause it to be removed within the relevant period in terms of subsection (4) shall be guilty of an offence and the City Engineer shall be entitled to remove any such advertisement and deduct from any deposit made in terms of subsection (2) the sum of R10,00 in respect of each and every advertisement so removed by him; provided that if the amount of money which is arrived at by multiplying the number of advertisements so removed by the sum of R10,00 exceeds the amount of any deposit made in terms of subsection (2), the Council shall be entitled to recover such excess amount from such person and such amount shall be a civil debt due to the Council; provided further that when any advertisement is so removed in terms of these Bylaws, the City Engineer shall be entitled to destroy any such advertisement, without giving notice to anyone, after a period of fourteen days from the date of such removal.

(M.N. 435/85; 181/86; 88/87; 55/88; 98/89; 190/91; C.M. 15/6/92)

(7) Any person who displays or causes, permits or suffers to be displayed in any place referred to in subsection (1) any advertisement and any person, other than a police officer or other person charged with the enforcement of these Bylaws, who is authorised by the person responsible for the display of the advertisement to remove it shall be deemed to be the displayer thereof so long as it is displayed.

(8) Any person who is either alone or jointly with any other person responsible for organising or is in control of any meeting, function or event to which an advertisement relates shall until the contrary is proved, be deemed to have displayed or have caused permitted or suffered to be displayed every advertisement relating to that meeting, function or event.

(9) In any legal proceedings relating to an advertisement displayed either in accordance with or in contravention of any provision of this subsection, it shall be presumed that such advertisement was displayed by the person or persons, club or other body of persons sponsoring, promoting or organising or in control of the meeting, function or event to which it relates or by the candidate to whom an election advertisement relates or that any such person, club or body caused or permitted such advertisement to be displayed, as the case may be, until it is proved to be contrary.

(10) The City Engineer shall be entitled, without giving notice to anyone, to remove or to cause to be removed any advertisement displayed without his permission in terms of subsection (1) or in contravention of any provision of this section or which constitutes in any respect a contravention of this section and the person who displayed any such advertisement or caused or permitted it to be displayed or is deemed under subsection (7) or 68) to have done so shall be liable to pay to the Council the sum of R10,00 in respect of each advertisement removed by the City Engineer and the total amount due in respect of the said removal may be deducted by the Council from any deposit made in terms of subsection (2)(i); provided that where the amount of money arrived at by multiplying the number of advertisements so removed by the sum of R10,00 exceeds the amount by any deposit made in terms of subsection (2)(i) the Council shall be entitled to recover such excess amount from such person and such amount shall be a civil debt due to the Council; provided further that when any advertisement is so removed in terms of these Bylaws, the City Engineer shall be entitled to destroy any such advertisement, without giving notice to anyone, after a period of fourteen days from the date of such removal.

(M.N. 435/85; 181/86; 88/87; 55/88; 98/89; 190/91; C.M. 15/6/92)

(11) For the purposes of this section-

(i) an advertisement displayed upon the exterior wall or fence constituting the apparent boundary of any premises and fronting a street or public place shall be deemed to be displayed in a street or public place;

(ii) 'Council property' includes all property, whether movable or immovable, which is owned by, vests in or is under the control of the Council other than property leased from the Council;

(iii) 'election advertisement' means the advertisement used in connection with any parliamentary, provincial council or municipal election or by-election or referendum.

12A. Granting of Approval to Display of Pointer Boards

(1) The City Engineer may grant approval to the display of pointer boards, subject to compliance with the following requirements:

(a) Each selling agent shall submit to the City Engineer a written application, in the form approved by him, and pay the prescribed fee, for permission to erect and display the number of pointer boards specified in such application form.

(M.N. 55/87)

(b) On the City Engineer's approval of the application referred to in paragraph (a) and receipt of the prescribed fee the City Engineer shall issue to the selling agent permit disc the number of which shall be equivalent to the number of pointer boards referred to in paragraph (a). On such disc shall be securely affixed by such agent in a prominent position to each such pointer board and shall remain thereon at all times during which such pointer board is erected and displayed on Council property and for the period approved by the City Engineer which shall not be more than twelve months.

(M.N. 55/87)

(c) Prior to the end of the year imprinted on the permit disc, but not later than ten working days prior to the last day thereof, the selling agent shall follow the application procedure laid down in paragraph (a) hereof whereupon the City Engineer may issue the relevant number of permit discs, in respect of the year applied for, to such agent who shall affix and display such disc on the pointer boards during the year imprinted on such disc.

(M.N. 55/87)

(d) Failure by the person to whom a current permit disc is issued to display such disc on a pointer board which is erected and displayed on Council property will constitute an offence.

(M.N. 55/87)

(e) Not more than four such pointer boards shall be displayed in respect of each show or open house or flat on any one day as prescribed in subsection (2)(g) and no such board shall be displayed within 30 m of another such board.

(M.N. 55/87)

(2) No person shall display a pointer board or cause a pointer board to be displayed: -

(a) save to indicate the route to the property to be sold or a change in the direction of such route from any point;

(b) on a sign which exceeds 0,3 m^2 in area;

(c) on any Council property as defined in section 12(11) other than a road reserve;

(cA) on any Council property unless approval has been granted in terms of sub-bylaw(1) for such display;

(M.N. 55/87)

(d) on a sign which is fixed to the soil and supported by any means other than not more than two poles driven into unpaved ground between a road frontage boundary and the nearest edge of a public footpath, or if there is no such footpath, in a position not nearer than 1,8 m from the edge of the roadway as defined in the Road Traffic Ordinance, 1966 (Ordinance 21 of 1966), and at such height that its lower edge does not exceed 400mm above the ground immediately beneath such lower edge, provided that where there is no such unpaved ground, the board shall be attached to a street lighting standard of the Council by a method which has been approved in writing by the City Engineer;

(e) nearer than 10,0 m from any road intersection or 10,0 m from an entrance or exit to or from a dual carriageway or a freeway as defined in the said Road Traffic Ordinance;

(f) so as to obstruct the view from any portion of a roadway as defined in the said Ordinance, of any road traffic sign or any street name sign; and

(g) except between the hours of 10hO0 on any Saturday and 17h00 on the Sunday immediately following such Saturday, provided that when one or more public holidays immediately precede or following a Saturday or a Sunday, a pointer board may be displayed between 10h00 on the first day of the period comprised by the Saturday and Sunday and the public holiday or public holidays and 17h00 on the last day of such period, provided further that a pointer board may be displayed between the hours of 10h00 and 17hO0 on any other public holiday.

(3) Any selling agent who, having displayed or caused to be displayed any pointer board in respect of which approval has been given under this subsection, fails to remove it or cause it to be removed within two hours of the end of the time stated in subsection (2)(g) shall be guilty of an offence and the City Engineer shall be entitled to remove any such pointer board and to recover from such agent for each and every such pointer board the fee prescribed in item 3A of the First Schedule; provided that when any pointer board is so removed by the City Engineer, he shall be entitled to destroy any such pointer board which has not been claimed within a period of fourteen days from the date of such removal, without giving notice to anyone.

(P.N. 344/85).

13. Signs attached to buildings

(1) Any sign which is attached to or suspended from a building shall unless the City Engineer otherwise approves, have not less than four supports: -

(i) any two of which shall be capable of carrying the mass of sign;

(ii) the designed strength of which acting together shall be calculated on a mass equal to twice the dead load of the sign with the addition of any other loads to which such sign may be subjected; and

(iii) which shall be neatly constructed as an integral part of the design of such sign or otherwise concealed from view.

(2) Where directed by the City Engineer in writing,the stability and safety of any sign referred to in subsection (1) and its fixings shall be certified in writing, by a suitably qualified registered professional engineer.

DETAILED REQUIREMENTS FOR SIGNS

14. Electric and illuminated advertisements

(1) Every electric advertisement and the sign on which it is displayed shall be constructed of non-combustible materials or other material approved by the City Engineer, and shall be installed in accordance with the provisions of the Electricity Supply Bylaws and the Code of Practice for the Wiring of Premises SABS 0142-81 as issued by the Bureau of Standards and published on 9 July 1982 under General Notice 463.

(2) Where boxes or housing for electrical equipment are essential as part of an electric or illuminated advertisement, such boxes or housing shall be screened from view, provided that, if in the opinion of the City Engineer this is impracticable, such boxes or housing shall be painted to match the adjoining working and safety to the satisfaction of the City Engineer.

(3) No person shall display any advertisement which is of such intense illumination as to disturb the occupants of residential buildings.

(4) No flashing or animated advertisement, the periodicity of which exceeds 60 flashes to the minute, shall be so displayed that the lowest point of such advertisement or the sign on which it is displayed is less than 2,45 m above the ground.

(P.N. 221/86)

(5) No flashing, oscillating or animated advertisement which is totally unilluminated for intervals of more than two seconds during the period of operation shall be situated at a height of less than two storeys or 2,45 m whichever is the greater height. above the ground level or footpath.

(P.N. 221/86)

15. Ground Signs

(1) No ground sign other than a single support sign shall have an overall height in excess of 7 m above the ground at any point and no such sign shall have dimensions which exceed 12,65 m in length and 3,65 m height, provided that a ground sign which has a length of 6,65 m or greater shall not be erected unless, in the opinion of the City Engineer, such sign screens premises which detract or likely to detract from the amenities of the neighbourhood by reason of their appearance or the use to which they are put. Any area between such ground signs and the street line shall be grassed or otherwise ornamented at the expense of the applicant to the satisfaction of the City Engineer.

(P.N. 453/83; 221/86)

(2) Unless otherwise permitted by the City Engineer, no single support sign shall -

(a) be longer than 1,55 m where the lower edge of such sign is less than 2,45 m above the ground surface;

(P.N. 221/86)

(b) be longer than 1,85 m where the lower edge thereof is 2,45 m or more but less than 3,25 m above the ground surface;

(P.N. 221/86)

(c) be longer than 2,13 m where the lower edge thereof is 3,25 m or more but less than 4,05 m above the ground surface;

(d) be longer than 2,43 m where the lower edge thereof is, 4,05 m or more but less than 4,85 m above the ground surface;

(e) project beyond a point which is 450 mm back from the nearest kerbline if the lower edge of the said sign is less than 5,5 m above the ground surface;

(f) contain advertising matter other than exclusively directional on more than 50% of the area of any face thereof.

(3) Every ground sign shall be firmly supported by and anchored to the ground. Supports and anchors may be of suitably treated timber or of corrosion-resistant or corrosion-proofed metal or of masonry or concrete.

(4) Deleted by P.N. 453/83.

16. Projecting Signs

(1) Every illuminated projecting sign and its supports and framework shall be constructed entirely of non-combustible materials or polycarbonate, acrylic polymer sheeting or any other material approved by the City Engineer.

(P.N. 221/86)

(2) No projecting sign or any of its supports or framework shall: -

(a) have the lower edge thereof less than 2,45 m above the surface of the footpath or, if there is no footpath, above the street or ground surface;

(b) exceed 1 250 mm in depth or project more than 950 mm from the visual surface of the building, where any portion of such sign is less than 3,7 m above the surface of the footpath or, if there is no footpath, above the street or ground surface;

(P.N. 221/86)

(c) project more than 1250 mm from the surface of the building or any architectural feature thereof where no portion of such sign is less than 3,7 m above the surface of the footpath or, if there is no footpath, above the street or ground surface;

(P.N. 221/86)

(d) project more than 1850 mm from the surface of the building or any architectural feature thereof where no portion of such sign is less than 7 m above the surface of the footpath or, if there is no footpath, above the street or ground surface;

(P.N. 221/86)

(e) project beyond a point which is 450 mm back from the nearest kerbline if the said sign is less than 5,5 m above the footpath or, if there is no footpath above the street or ground surface.

(f) be located below a canopy or verandah that faces a street, or can be seen from a street, if such canopy or verandah has its underside located at or below a level of 5 m above the footpath immediately beneath it;

(P.N. 221/86)

(g) contains advertising matter other than exclusively directional on more than 50% of its area, provided that, at the discretion of the City Engineer, this requirement may be relaxed in the case of an advertisement or sign on any one street elevation of a building as long as the total area covered by advertising matter on such elevation does not exceed 50% of the sum of the areas all faces of advertisements and signs on such elevation.

(P.N. 221/86)

(3) Every projecting sign shall be at right angles to the overall face of a building fronting a street; provided that such face shall be deemed to include any splayed section of the external wall of such building which exceeds 1,5 m in length at the intersection of two streets.

(4) Any projecting sign which is attached to a building of the height set out in Column 1 of Table 1, shall be so situated that no part of such sign has a depth greater than that set out in Column 2. For the purpose of such Table the height of the building shall be measured as its vertical height above the ground at the point where the sign is to be erected.

TABLE I
Column 1 Height of building	Column 2 Maximum depth of sign
Not exceeding 17 m Exceeding 17 m but not exceeding 34 m Exceeding 34 m but not exceeding 43 m Exceeding 43 m	9 m 12 m 14 m 15 m

In calculating the depth of any sign in accordance with the above Table, signs placed one above the other in the same vertical plane on the same building, or tier of that building, shall be deemed to be one sign, whether or not such signs belong to different owners or are displayed under separate permits.

17. Sky Signs

(1) Every illuminated sky sign and its supports and framework shall be constructed entirely of non-combustible materials or polycarbonate, acrylic polymer sheeting or other material approved by the City Engineer.

(P.N. 221/86)

(2) No sky sign when erected on a building of the height specified in Column 1 of Table 11 shall exceed the depth given in Column 2 of the said Table. For the purpose of such Table the height of the building shall be measured as the vertical height of the building above the ground at the point where the sign is to be erected.

TABLE II
Column 1 Height of building	Column 2 Maximum depth of sign
Not exceeding 17 m Exceeding 17 m but not exceeding 34 m Exceeding 34 m but not exceeding 43 m Exceeding 43 m	2 m 3 m 3.5 m 4 m

(3) (a) No sky sign on which an electric or illuminated advertisement is displayed shall be placed on or over the roof of any building unless the entire roof construction is of non-combustible material or such sign is in metal boxes with faces of poly-carbonate, acrylic polymer sheeting or any other material approved by the City Engineer.

(b) No sky sign shall be placed on or over the roof of any building in such a way that it will interfere with the run-off of rainwater from the roof of such building.

(4) No sky sign shall project beyond any existing building line.

(P.N. 221/86)

(5) No sky sign shall be affixed to any pitched roof, provided that in the case of a double pitched roof a sign may be positioned above the parallel to the ridge thereof, provided further that a revolving sign in such a position may also be allowed.

(6) Every sky sign shall be thoroughly secured and anchored to the building on or over which it is erected. All loads shall be safely distributed to the structural members of the building. All structural members of the sign shall be concealed or integrated with the design of the sign to the satisfaction of the City Engineer.

18. Under-canopy signs

(1) Every illuminated under-canopy sign and its supports and framework shall be constructed entirely of non-combustible materials or polycarbonate, acrylic polymer sheeting or other material approved by the City Engineer.

(P.N. 221/86)

(2) No suspended under-canopy sign shall exceed 1,8 m in length, 600 mm in depth and 300 mm in thickness with a minimum thickness of 100 mm.

(P.N. 221/86)

(3) Every under-canopy sign suspended under a canopy or verandah shall be set with its main axis at right angles to the building line and shall be fixed in such a manner that the lowest part of such sign is not less than 2,45 m above the footpath or, if there is no footpath, above the street or ground surface.

(4) The distance between any two under-canopy signs centre-to-centre, shall not be less than 3 m, provided that the City Engineer may in special circumstances and in his absolute discretion permit a lesser distance.

(P.N. 221/86)

(5) No suspended under-canopy sign shall extend beyond the external edge of the canopy or verandah to which it is attached.

(6) Not more than 50% of the area of any face of an under-canopy sign shall contain advertising matter other than of an exclusively directional nature, provided that when licenced business premises have more than one under-canopy sign this restriction shall be deemed to have been complied with if the total area covered by such advertising matter on such premises does not exceed 50% of the sum of the area of all faces of such signs.

19. Wall Signs and Fascia Signs

(P.N. 221/86)

(1) Materials.Every illuminated wall sign, other than a sign on a blank wall which has no openings and every illuminated fascia sign, shall be constructed of non-combustible materials except that paints and varnishes may be used and ornamental mouldings, cappings, decorative trim and battens or framing may be constructed of combustible materials, provided that the space (if any) between the sign and the wall is fire-stopped to the satisfaction of the City Engineer.

(P.N. 221/86)

(2) Projection.No wall sign or any advertisement displayed thereon shall extend beyond the ends of the wall to which it is attached. At any place where pedestrians may pass by a wall a wall sign attached thereto shall not project more than 100 mm therefrom up to a height of 2,5 m measured from the ground level at such places or project more than 225 mm above such height and any such sign which is below a height of 2,5 m shall be provided with rounded arrises.

(P.N. 221/86)

(3) Supports. Every wall sign attached to walls of masonry or concrete shall be securely anchored thereto by means of corrosion resistant metal anchors, screws or expansion bolts of at least 6 mm diameter, embedded to a depth of at least 100 mm. No wooden blocks or anchorage with wood used in connection with screws, staples, or nails shall be considered proper anchorage.

(4) Not more than 50% of the area if any face of a fascia sign shall contain advertising matter other than of an exclusively directional nature, provided that when licensed business premises have more than one fascia sign this restriction shall be deemed to have been complied with if the total area covered by such advertising matter on such premises does not exceed 50% of the sum of the area of all faces of such signs.

(P.N. 221/86)

19A. Aerial Advertisements

No person shall display an aerial advertisement or cause or permit such an advertisement to be displayed -

(a) at a height exceeding 30 m from the natural ground level nearest to its anchorage or tethering point;

(b) on or from Council property, including a street or public place, and no person shall anchor or tether an aerial device by means of which such an advertisement is or is to be displayed to such property: provided that the City Engineer may in his sole discretion permit such display and anchorage or tethering for the duration of an exhibition, show or event during national or civic festivals or other functions, subject to such conditions as he may deem fit to impose; and

(c) on an aerial device unless that device is at all times of display constantly attended by an approved competent person, nor shall any person cause or permit such a device to fly or be tethered unless it is so attended.

(P.N. 293/85).

19B. Rental for Encroaching Signs

The person to whom permission has been granted in terms of section 4(4)(a) or transferred in terms of section 4(4)(d) in respect of a sign which extends beyond, into or over the boundaries of any street or any street line (whether under or above any verandah, balcony or canopy or not) shall pay therefore for the annual rental prescribed in section 140(v)5 of the General Bylaws.

(P.N. 221/86)

19C. Advertising Vehicles

No person shalldisplay an advertisement on an advertising vehicle or cause or allow such advertisement to be displayed so that the advertisement is visible whilst such vehicle is in motion in a street or public place or place the vehicle or cause it to be placed so that it is visible from a street or public place -

(a) unless the vehicle and any sign thereon for the display of such advertisement has been approved for the purpose by the City Engineer;

(b) unless the vehicle complies in all respect with the requirements of the Road Traffic Ordinance, 1966 (Ordinance 21 of 1966) and the regulations thereunder;

(c) unless the full names, address and telephone number of the owner of the vehicle or, if the owner resides or has his place of business outside Durban, of the person having control of the vehicle at the time of such display, are reflected in letters and figures not less than 40mm high in a conspicuous position approved by the City Engineer and are maintained in a legible condition;

(d) unless the prescribed fee has been paid; and

(e) if the advertisement or the sign on which it is displayed exceeds 6,0mm in its horizontal dimension or 3,0 m in its vertical dimension.

(P.N. 220/87)

19D. Notwithstanding anything to the contrary contained in section 19C

No person shall place an advertising vehicle or cause or allow it to be placed on Council property including any demarcated parking bay or cause or allow such vehicle to be parked in a public road; provided that such vehicle may be placed within leased Council property subject to compliance with the requirements of this chapter.

(P.N. 220/87)

20. Presumptions

For the purposes of this Chapter -

(a) a person who has displayed an advertisement or who has renovated or repaired it or a sign on which an advertisement has been displayed and any person who is entitled to remove it, shall be deemed to display that advertisement while and whenever it isvisible from a street or public place;

(b) a person who owns or occupies premises whereon an advertisement which is visible from a street or place, is being displayed, or wherever a sign has been erected whereon is situate such an advertisement or sign which has been maintained, renovated or repaired, and the manufacturer of any article or the proprietor of any business or undertaking to which such an advertisement relates and any agent of such a manufacturer or proprietor shall, unless the contrary is proved, be deemed to have displayed that advertisement or erected that sign, as the case may be, or otherwise to have caused it to be displayed or to have erected, maintained, renovated, restored or repaired it, as the case may be, or to have permitted its erection, maintenance, renovation, restoration or repair;

(c) any place at or near a street or public place shall be deemed to be in or on that street or public place unless it is proved to be outside it;

(d) any person who purports to exercise any right in connection with premises to which the public has no access as a matter of right, or who is from time to time upon any such premises, shall be deemed to occupy those premises, unless the contrary is proved.

(P.N. 321/83).

CHAPTER V

LOADS AND FORCES, FOUNDATIONS, PLAIN AND REINFORCED CONCRETE, STRUCTURAL STEELWORK AND STRUCTURAL TIMBER

Repealed by P.N. 173/87 published in Gazette Number 4587 dated 4 June 1987.

CHAPTER V. bis.

(P.N. 192/73)

GENERAL CONSTRUCTION OF BUILDINGS

Repealed by P.N. 173/87 published in Gazette No. 4587 dated 4 June 1987.

CHAPTER VI

COVERAGE

Repealed by P.N. 173/87 published in Gazette No. 4587 dated 4 June 1987

CHAPTER VII

FIRE PREVENTION AND PRECAUTIONS AND FIRE-PROOF CONSTRUCTION

Repealed by P.N. 173/87 published in Gazette No. 4587 dated 4 June 1987

CHAPTER VIII

FIRE PROTECTION

Repealed by P.N. 173/87 published in Gazette No. 4587 dated 4 June 1987.

CHAPTER IX

BUILDINGS USED FOR PUBLIC PURPOSES AND ENTERTAINMENTS

Repealed by P.N. 173/87 published in Gazette No. 4587 dated 4 June 1987

CHAPTER IX bis.

CHANNEL CROSSINGS

1. No Person Shall Construct....

No person shall construct or attempt to construct or put into position or attempt to put into position any channel crossing over any channel in or upon any public or private road within the City. Save as is provided in Section 4 hereof, every such channel crossing shall be constructed by the Council through the City Engineer's Department. Should any person construct or attempt to construct such a crossing or to put it into position, the City Engineer shall serve a written notice on such person ordering him to remove the crossing within a specified time, and should such person fail to remove the crossing within that time he shall be guilty of an offence and the crossing may be removed by the City Engineer at that person's expense.

(P.N.236/39; 396/39; 286/41; 190/42; 247/49; 372l67)

2. Any person wishing to obtain...

Any person wishing to obtain access to his property by means of a channel crossing shall make written application to the City Engineer for the construction of such channel crossing by the City Engineer's Department on his behalf. Full details of the size and exact locality of the crossing desired by such person shall be given in the application and with the application there shall be deposited the cost of the crossing as laid down in Section 6 hereof.

(P.N. 372/67)

3. Where drainage works or road works....

Where drainage works or road works anticipated to effect channels are about to be undertaken by the Council in any part of the City notice of such undertaking may be given by the City Engineer to the owners or occupiers of properties abutting on the proposed works. Application in terms of Section 2 hereof may then be made by such owners or occupiers within the time specified in the City Engineer's notice for the making of such applications.

(P.N. 372/67)

4. Where a private road....

Where a private road is to be improved by a private owner in terms of Ordinance 19, 1924, as amended, such owner may construct channel crossings to serve the properties abutting on that road. The type of such crossing, however, shall first be approved by the City Engineer in writing and the crossing shall be constructed to such standards of design and of such materials as are required by Section 5 of these Bylaws. Should such owner fail to construct any crossing in the manner hereinbefore laid down, he shall be guilty of an offence, and the City Engineer may order him to remove the crossing, and upon his failure to do so the City Engineer may have the crossing removed at such owner's expense.

(P.N. 372/67)

5. Application may be made in terms of....

Application may be made in terms of these Bylaws for the construction of one of the following three standard types of channel crossing, namely: -

(a) Bridge crossing;

(b) Scoop crossing;

(c) Ramp crossing;

and drawings and specifications of such standard types shall be available for inspection at the office of the City Engineer together with schedules specifying the materials to be used in their construction.

The City Engineer shall, however, in his discretion decide on what particular type of crossing is to be adopted in any instance if he considers that the type in respect of which application is made is unsuitable for the locality in which it is to be erected.

The City Engineer may alter the length or design of any channel crossing for which application is made.

(P.N. 372/67)

6. A charge of R599,00 per metre or part thereof shall be payable for any of the standard types of channel crossing referred to in Section 5 constructed by the Council in terms of these Bylaws; Provided that no charge shall be payable when such crossings are constructed simultaneously with new kerb and channel construction or during the complete reconstruction of kerbing and channelling past the property to be served by such crossing.

(M.N. 12/62; P.N. 316/66; 425/70; 195/73; 355/75; M.N. 96/76; 125/77; 161/79; 80/81; 156/82;

84/83/ 453/85; 181/86; 88/87; 55/88; 98/89; 190/91; C.M. 17/5/93; 7/2/94; CM 24/6/99; CM 21/06/2001)

7. If the City Engineer decides that none of the types of channel crossings specified in Bylaws 5 hereof is suited to any locality he may prepare designs for industrial channel crossings in that locality and a charge of R794,00 per metre or part thereof for any such crossing constructed to serve any particular property shall be borne by the person for whom it is erected, provided that the charges in bylaws 6 and 7 hereof shall be increased by 30 per centum if the work is executed over a weekend if deemed necessary by the City Engineer or at the request of the applicant.

(M.N.12/62; 181/86; 88/87; 55/88; 98/89; 190/91; C.M. 17/5/93; 7/2/94; CM 1998-04-23 & 1998-04-21; CM 21/4/98; 23/4/98; CM 24/6/99)

8. Where any person wishes to erect a temporary crossing in order to obtain access to his property, he may apply to the City Engineer for a written permit authorising the erection of such crossing. A written permit under this section shall be granted subject to the following conditions:

(a) The crossing shall be of a type approved by the City Engineer.

(b) An amount of R168,00 per metre shall be deposited by the applicant. This deposit shall cover any damage which may be caused to the road, channel or footpath as a result of the erection and use of such temporary crossing. Any damage so caused shall be repaired by the Corporation at the expense of the applicant, the cost of repairs being deducted from the deposit and the balance being refunded to the applicant at the expiry of the period of the permit.

(M.N. 258/75; 96/76; 161/79; 80/81; 156/82; 84/83; 98/84; 435/85; 181/86; 88/87; 55/88; 98/89; 7/2/94; CM 24/6/99)

(c) The permit shall be for a period of three months. Such permit may, however, be renewed by the City Engineer on written application for further consecutive three-monthly periods, provided that no permit with renewals shall be in force for more than nine months, and provided that no further deposit shall be necessary in respect of the renewals.

9. Notwithstanding anything hereinbefore contained....

Notwithstanding anything hereinbefore contained, where in the opinion of the City Engineer, it is necessary to do so in order to carry out road improvements, or to obviate or minimise interference may after giving 14 days' written notice of his intention to do so to the owner or occupier of the property to which an existing channel crossing affords access, remove any such crossing or alter its situation, design or extent: provided that save in the case of a temporary crossing authorised in terms of Section 8, he shall not remove any existing crossing where the effect of doing so would be to deprive the property concerned of vehicular access to a road.

In the case of a temporary crossing authorised in terms of Section 8, he may serve written notice requiring the holder of the permit to remove such temporary crossing or to alter its situation nature or extent within such period as he may stipulate in such notice.

(P.N.372/67).

10. Should any person fail to remove....

Should any person fail to remove any crossing within a week of receiving a written notice from the City Engineer in terms of Section 9 ordering its removal, or should any person fail to remove any temporary crossing upon the expiry of any permit issued in respect thereof in terms of Section 8, he shall be guilty of an offence. In addition, the City Engineer may cause the crossing to be removed and may deduct the cost of such removal from the amount deposited in terms of Section 8 before making any refund of such deposit to the owner or occupier.

(P.N. 72/67; M.N. 125/77).

CHAPTER IX TER.

CLEANSING AND MAINTENANCE OF BUILDINGS -

SAFE PERFORMANCE OF WORKS.

1. Permanent equipment for window cleaning.

In buildings in which the top of any window is at a greater height than 7,5m above the adjacent ground level or above a permanent flat roof on which a ladder may be erected, permanent or retractable outrigger beams shall be provided to which suspended scaffolds may be attached, or permanent anchors for safety belts shall be provided at every window which--

(a) is not so constructed that the whole window can be and is cleaned entirely from inside in such a way that only one arm of the cleaner needs to project beyond the window frame, or

(b) does not open on to a balcony, fire escape or other platform having a width of not less than 900 mm and which is not more than 2,75 m below the top of the window frame, and which is provided with a railing or parapet in accordance with the requirements of the Engineer, or on to a roof which is at least 1,8 m wide and has a slope not exceeding 1 vertical in 6 horizontal and is capable of safely sustaining the cleaner and his equipment provided that the Engineer in his discretion may be empowered to vary the above requirements.

(P.N. 425/70).

2. Responsibility of Employer.

The person employing, directing, or permitting another to clean windows, or decorate or renovate buildings, in positions such that the danger may be caused to the employee, servant of the employer or the public, shall furnish or cause to be furnished the means for the safe performance of such work.

3. Responsibility of Employee.

Persons cleaning windows, renovating, decorating or maintaining buildings in positions such that danger may be caused to themselves or the public, shall use the safety devices provided and shall not pass from one window to another on the outside of a building unless scaffolding is provided.

4. Safety Belts and Anchors: Limitations on Use.

Anchors for safety belts shall be deemed adequate safety devices only where the window and its approaches are so constructed and maintained that the cleaner can safely reach the sill and attach one belt terminal to an anchor before stepping out on to the sill, and can step back into the building while one belt terminal remains attached to an anchor. Such anchors which shall at all times be properly maintained shall be used only for securing the safety belt for one person at a time.

Safety belts attached to anchors shall not be used in any cleaning of windows within a distance of 30m from any plant manufacturing acid or any other corrosive chemical, whether in the same building or in an adjacent building, or within a distance of 15m from the outlet of any duct, flue or stack emitting corrosive fumes; where such windows cannot be cleaned from inside the building, suspended scaffolds shall be provided. The steel ropes supporting such scaffolds shall be kept well greased.

(P.N, 425/70).

5. Materials and Installation of Safety Belts and Anchors.

(1) Anchors for safety belts shall--

(i) be of non-corrosive metal;

(ii) not be of cast metal;

(iii) be not less than 12 mm diameter;

(iv) be attached to the structure of the building;

(v) be capable of sustaining without damage test-loads applied by one of the following methods: --

(i) a rigid weight of 228 kg shall be attached by means of two belts to an anchor fixed in a wall, and allowed to fall freely through a height of 1,2m or

(ii) a rigid weight of 114 kg shall be attached by a rope of adequate strength to an anchor fixed in a wall, and allowed to fall freely through a height of 2,45 m.

(2) Safety belts shall--

(i) be of suitable material, which shall be resistant to mildew or treated against mildew by a non-corrosive anti-mildew agent;

(ii) not be used until a sample belt representative of the lot has been tested by means of a rigid 114kg weight, having a girth of 1,5 m around which the safety belt shall be fastened by means of the buckle in the same manner as it is fastened around a man, the safety belt being connected to a rigid anchor in a wall by one of the belt terminals and the weight then being allowed to fall freely through a height of 1,2 m the safety, belt shall suffer no damage as a result of the test;

(iii) be discarded without again being used as a safety belt, either as a whole or in part, after having been used for testing purposes.

(3) Any safety belt which is in compliance with a standard prepared by the South African Bureau of Standards shall be deemed to comply with the regulations in subsection (2) hereof.

(P.N. 257/63, 425/70).

CHAPTER X.

270. PENALTIES.

(1) Any person who--

(a) contravenes any provisions of these bylaws; or

(b) contravenes any conditions imposed upon the granting of any application, consent, approval, concession relaxation, permit or authority in terms of these bylaws; or

(c) fails to comply with the terms of any notice served upon him in terms of these bylaws;

shall be guilty of an offence and liable, upon conviction, to the maximum penalty prescribed or the offence by section 26G (7) (a) of the Local Authorities Ordinance, No.25 of 1974.

(2) Failure to comply with the terms of any condition or notice referred to in subsection (1) (b) or (c) above shall constitute a continuing offence and a person failing to comply with the terms of such condition or notice shall be guilty of a separate offence for each day during which he fails to comply with such terms.

(3) Upon failure to carry out the terms of any notice issued under any provision of these bylaws on the part of the person on whom such notice was served, the City Engineer may himself cause such terms to be carried out and the cost of his so doing shall be payable by such person.

(P.N.488/66; 141/72; 513/80; 370/83).

FIRST SCHEDULE



CHAPTER 1, SECTION 3 OF THE BUILDING BYLAWS UNDERTAKING ANDINDEMNITY

1. I/We record that this undertaking and indemnity is given in respect of work to be executed in connection with the erection or demolition of a building to be executed on the property described as

such work being more particularly described as

2. I/We undertake that I/We shall -

(a) take or cause to be taken such precautions as may be directed by the City Engineer and, independently of an such directions, such other precautions as may be reasonable to protect from damage all property or services vested in or under the control of the Council including, without derogating from the aforegoing, any street, pavement, kerbing, channelling, scoops, entrance driveways, street, lighting, traffic signal or sign, street furniture and any drainage, sewerage, electricity, water or other pipes, conduits and equipment, which may in the opinion of the City Engineer be damaged or affected by the carrying out of the said work;

(b) when called upon to do so pay to the Council the difference between any deposits made by me/us in terms of section 3(1) and (2) of the Building Bylaws and the actual costs of repairing and making good of any of the sad property or services, as certified by the City Engineer.

3. I/We hereby indemnify and hold harmless the Council and all officers and servants thereof against any claim of whatsoever nature arising out of or the cause of which is connected with the execution of the said work or any damage to or affecting the said property or services.

4. In paragraphs 1 and 2 hereof -

(a) "City Engineer" shall mean the City Engineer or his authorised representative; and

(b) "work" shall include any excavation, demolition, piile driving, the depositing or leaving of any equipment or other thing or any material on any street or pu blic place or the erection of ay structure therein and the making of oundations, as well as all other acts and activities incidental to such acts and activities, and all transport of goods or material of whatsoever nature to or from the site in connection with the work shall be deemed to be part of the work.

5. This undertaking and indemnity shall be of full force and effect in respect of all work referred to in paragraph 1 hereof and any act or omission arising therefrom or in connection therewith, whether executed, performed or omitted by the undersigned, or by any other peson on his/their behalf, whether as an employee, agent, subcontractor, supplier or otherwise.

Signature

Registered owner of property/

Authorised representative

Designation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .____________________________

For and on behalf of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . R2

Date . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . Revenue

Stamp

Authority to sign . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .____________________________

59.

(1) Where the owner is a company, the indemnity must be accompanied by a signed resolution of directors authorising the signatory to sign the indemnity on behalf of the company.

(2) Where the signatory is not the owner, the indemnity must be accompanied by a signed power of attorney authorising the signatory to sign on his/her behalf.

(P.N. 173/87)

SECOND SCHEDULE

SCHEDULE OF FORMS

FORM A

DURBAN CORPORATION

NOTICE OF INTENTION TO COMMENCE FOUL-WATER DRAINAGE WORK

Plan No

Subdivision Lot

Farm Block

Postal Address

To the City Engineer

I hereby give you notice that I shall commence foul-water drainage work, in accordance with the plans approved by the City Council, on the above described property on (date) :

Trained plumber's signature

Full names of trained plumber

Date

Address

[NOTE : Any person who commences foul-water drainage work without giving TWO CLEAR DAYS' NOTICE to the City Engineer shall commit an offence and be liable to the penalties referred to in section 270 of the Building Bylaws. If this notice is given to the City Engineer by post, it shall be deemed to have been served at the time when the letter containing the notice would be delivered in the ordinary course of post]

INSPECTOR'S REPORT:

Signature

Date

FORM B

DURBAN CORPORATION

NOTICE THAT FOUL-WATER DRAINAGE WORK IS READY FOR TESTING

Lapsed in terms of section 29 of Act 103 of 1977.

FORM C

DURBAN CORPORATION

NOTICE OF COMPLETION OF FOUL-WATER DRAINAGE WORK

Plan No

Subdivision Lot

Farm Block

Postal Address

To the City Engineer

I hereby give you notice that I have completed the foul-water drainage work, in accordance with the plans approved by the City Council, on the above-described property on

date) :

Statement of work done:

OUTSIDE WORK

INTERCEPTOR TRAPS

FRESH AIR INLET

RODDING EYESINSPECTION CHAMBERS AND MANHOLES

GULLEY TRAPS ANDGREASE TRAPS

VENTPIPES

DIAMETER OF DRAIN

SEPTIC TANK

W.C.S

URINALS

BATHS

WASH-HAND BASINS

SINKS

THIRD SCHEDULE

CLASSIFICATION AND TESTING OF REINFORCED CONCRETE MANHOLE COVERS AND FRAMES

1. All covers and frames shall be classified as being either "heavy duty" or "light duty".

2. The cover and frame shall be tested together as one unit and the force that it shall withstand shall be applied over a square measuring 200 mm and situated symmetrically about the centre point of the cover.

3. Heavy duty covers and frames shall withstand a force of 70kN and light duty covers and frames a force 20kN.

4. The test procedure shall be as follows:

(a) The reinforced concrete frame shall be supported on a rigid section having an opening whose internal dimensions are equal to those of the structure for which the frame is intended. By using a bedding layer of cement and gypsum mortar the frame shall be uniformly supported on the section.

(b) The test load shall be applied, through a 200 mm x 200 mm x 20 mm thick steel plate faced on its underside with a 25 mm thick rubber pad, at a rate of 20kN per minute and the load shall be maintained at the maximum test load for at least one minute,

The 200 mm x 200 mm steel plate shall be positioned so that its centre is above the centre of the cover.

(c) Should the cover of the frame crack under the test load, the cracked item shall be regarded as having failed the test.

(P.N. 94/34; 498/40; 173/87)

FOURTH SCHEDULE

Deleted by P.N. 63/60.

FIFTH SCHEDULE

Deleted by P.N. 13/75.

SIXTH SCHEDULE

Deleted by P.N. 173/87.

SEVENTH SCHEDULE

Deleted by P.N. 173/87.

(M.N. 84/87 as published in Gazette No. 4587 dated 4 June 1987)