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Bermuda Housing Amendment Act 2001

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Bermuda Housing Amendment Act 2001
BERMUDA HOUSING AMENDMENT ACT 2001

1989 Revision 1

BERMUDA
2001 : 40

BERMUDA HOUSING AMENDMENT ACT 2001

[Date of Assent: 27 December 2001]

[Operative Date: 31 May 2002]

WHEREAS it is expedient to amend the Bermuda Housing Act
1980;

Be it enacted by The Queen's Most Excellent Majesty, by and
with the advice and consent of the Senate and the House of Assembly of
Bermuda, and by the authority of the same, as follows:

Citation
1 This Act, which amends the Bermuda Housing Act 1980 ("the
principal Act"), may be cited as the Bermuda Housing Amendment Act
2001.

Amendment of s2 of principal Act
2 Section 2 of the principal Act is amended —

(a) in the definition of "dwelling" by adding the words "and,
in relation to a building or part of a building which
comprises multiple dwelling units, includes the common
areas";

(b) by deleting the definition of "Minister" and substituting
the following —

""the Minister" means the Minister responsible for
housing;";

BERMUDA HOUSING AMENDMENT ACT 2001

2 1989 Revision

(c) by adding after the definition of "the Minister" the
following —

"multiple dwelling unit" means a unit in a building
or part of a building which comprises more than one
dwelling;".

Repeal and replacement of s3 of principal Act
3 Section 3 of the principal Act is repealed and the following is
substituted —

"Fitness for human habitation, standards
3 (1) A dwelling is fit for human habitation for the purposes of
this Act unless, in the opinion of the Minister, it fails to meet one or
more of the requirements in paragraphs (a) to (j) and, by reason of
that failure, is not reasonably suitable for occupation —

(a) it is structurally stable;

(b) it is free from serious disrepair;

(c) it is free from dampness prejudicial to the health of the
occupants;

(d) it has adequate provision for lighting and ventilation;

(e) it has an adequate piped supply of potable water;

(f) its internal arrangements, relating to the location of
bedrooms, bathrooms, storage facilities and common
areas, do not include any feature which prohibits the
safe or unhampered passage of occupants.

(g) there are satisfactory facilities in the dwelling for the
preparation and cooking of food, including a sink with a
satisfactory supply of hot and cold water;

(h) it has a suitably located water-closet for the exclusive
use of the occupants;

(i) it has, for the exclusive use of the occupants, a suitably
located fixed bath or shower and wash-hand basin each
of which is provided with a satisfactory supply of hot
and cold water; and

(j) it has an effective system for the draining of foul, waste
and surface water;

and any reference to a dwelling being unfit for human habitation shall be
construed accordingly.

BERMUDA HOUSING AMENDMENT ACT 2001

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(2) The Minister may make regulations prescribing minimum
standards in respect of any matter set out in paragraph (a) to (j) of
subsection (1) and any dwelling that fails to comply with a prescribed
minimum standard shall be deemed to be unfit for human habitation.

(3) Regulations made under subsection (2) shall be subject to
the negative resolution procedure.".

Commencement
4 This Act comes into operation on such day as the Minister
responsible for housing may appoint by notice published in the Gazette.

BERMUDA HOUSING AMENDMENT ACT 2001

1989 Revision i