BUILDING BOARD ACT
CHAPTER 284 � BUILDING

22nd April 1942?

1. This Ordinance may be cited as the Building Ordinance.

2. In this Ordinance
�building� includes any permanent structure whatsoever
�regulations� means regulations made under this Ordinance
"work" includes work in relation to the erection, re?erection, removal or external, structural, alteration of a building.

3. This Ordinance, and the regulations made thereunder shall only apply, to such places or areas within the Colony as the Administrator in Council may appoint by proclamation published in the Gazette.

4. (1) The Administrator may appoint by writing under his hand a Building Board (in this Ordinance called "the Board") for the purposes of carrying out the provisions of this Ordinance.

(2) Any Board appointed as aforesaid shall be empowered to act either throughout the Colony or for any place or area as by appointment it is authorised so to do.

(3) The Board shall consist of a chairman and a vice chairman who shall both be officers in the service of the Government of the Colony and four other members appointed by the Administrator.

(4) The vice-chairman shall act as chairman at any meeting of the Board from which the chairman is absent and in the absence of both the chairman and the vice-chairman from any meeting of the Board the members of the Board present at such a meeting may appoint one from among themselves to act as chairman for the meeting.

(5) The appointment of any member of the Board may be terminated at any time by the Administrator.

(6) The Board may regulate their own procedure, subject to the provisions of this Ordinance and the regulations

(7) The quorum of the Board the chairman or vice-chairman or the member appointed to act as chairman for a meeting and any two other members by subject thereto to the Board may act notwithstanding any vacancy in their number.

(8) The chairman shall have an original vote and in the case of an equal division of votes on any question before the Board, he shall have a second or casting vote.

(9) The Administrator may appoint a clerk to the Board.

5. The Board shall be charged with the administration within the place or area for which the Board is appointed, of the provisions of this Ordinance and of any regulations made under the provisions of this Ordinance and, subject to the provisions of this Ordinance and the regulations, shall have power to determine applications made in respect of any work, having regard to all circumstances affecting the fitness of the site and the proposed work.

6. Where the board consider that the operation of any regulations would be unreasonable in relation to any particular case, they may with the consent of the Administrator relax the requirements of such regulations or dispense with compliance therewith:

Provided that the Board shall give notice of any such proposed relaxation or dispensation in such manner and to such persons, if any, as the Administrator shall direct, and the Administrator shall not give his consent before the expiration of one month from the giving of the notice and, before giving his consent shall take into consideration any objection which may have been received by him.

7. (1)   If any work to which the regulations are applicable contravenes any of the provisions of those regulations, the Board without prejudice to their right to take proceedings for a fine in respect of the contravention may by notice require the owner of or in his absence his agent either to pull down or remove the work or, if he so elects, to effect such alterations therein as may be necessary to make it comply with the regulations.

(2) If a person to whom a notice has been given under the provisions of this section fails to comply with the notice??? before the expiration of twenty-eight days, or such legal period as a court of summary jurisdiction may on his application allow, the Board may pull down or remove the work in question or effect such alterations therein as they deem necessary and may recover from such person the expenses reasonably incurred by them in so doing.

(3) No such notice as is mentioned in subsection (1) shall be given after the expiration of twelve months from the date of the completion of the work in question.

(4) Nothing in this section shall affect the right of the Board, or of the Attorney?General, or any other person, to apply for an injunction for the removal or alteration of any work on the ground that it contravenes any regulations.

8. It shall be lawful for the Board or any member thereof or any person authorized in writing by the Board to inspect any work to which this Ordinance applies between the hours of nine of the clock in the forenoon and six of the clock in the afternoon of any working day.

9. (1)  Any person aggrieved by a decision of the Board may appeal therefrom to a Judge of the Supreme Court by way of Summons in Chambers within fifteen days from the date of such decision and shall serve a notice on the Board of his intention to appeal against such decision:  Provided that notwithstanding the lapse of such period of fifteen days, any person may appeal against the said decision if he shows to the satisfaction of a Judge that owing to absence from the Colony, sickness or other reasonable cause, he was prevented from appealing within such period, and that there has been no unreasonable delay on his part.

(2) On receipt of the aforesaid note the Board shall without delay transmit to the Registrar all papers relating to such appeal.

(3) Seven clear days' notice shall be given by the Registrar to the Board of the date fixed for the hearing of the appeal.

(4) Judge may adjourn the hearing of appeal and may upon the hearing thereof confirm, reverse or modify the decision of the Board or make such other order in the matter as he may think just.

(5) The costs of the appeal shall be in the discretion of the Judge hearing the appeal and shall be a sum fixed by the Judge.


10. The Administrator in Council may make regulations with respect to -
(a) the procedure of the Board;
(b) applications to the Board for the approval of any work;
(c) the construction, siteing, layout, design, drainage, sanitation, and removal of buildings;
(d) the supply of water and electricity to buildings.

11. Any person who obstructs or impedes in the execution of his duty any other person duly authorized to inspect any work or to enter thereupon for the purposes of demolition and removal shall be guilty of an offence and shall, on summary conviction be liable to a fine exceeding forty-eight dollars or to imprisonment with or without hard labour for a term not exceeding three months.

12. Any person who commits an offence against any regulations made under this Ordinance shall, on summary conviction, be liable to a fine not exceeding twenty-four dollars or to imprisonment with or without hard labour for a term not exceeding two months.

13. All complaints or suits at law brought by the Board may be entered and prosecuted by and in the name of the clerk thereof or in the name of any person duly authorized in writing by the Board.
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