KINGSTON AND ST. ANDREW BVILDZNG 1
THE KINGSTON AND ST. ANDREW BUILDING
ACT
ARRANGEhENT OF SECTIONS
PART I. Preliminary
1. Short title.
2. Interpretation.
PART 11. Regulation and Supervision of Buildings.
3. Buildings exempt from operation of Part 11.
4. Area to which Act applies.
5. Alterations of and additions to old buildings.
6. Divisions of old building separated by improper partitions.
7. At what distance from centre of roadway houses are to be built.
8. Notice to set back buildings.
9. Penalties for disobedience to noticc.
10. Procedure to be adopted by persons propsing to erect or rc-
11. Making use of existing d s .
12 Buildings to wbich Act inapplicable.
13. Temporary buildings
14. Removal of temporary buildings.
15. Penalty for non-compliance with this Act or notice thereunder.
16. Approvals and assent to be in wnthg.
17. Resster of conditional assents.
18. External walls.
19. Hoardings.
20. New buildings.
21. Chimneys.
22. Public buildings.
23. Conversion of building into a public building.
24. Penalties.
erect buildings.
IThe inclusion of this page is authorized by L.N. 42/ 19951
2 KINGSTON A N D ST. ANDREW BUILDING
25. Regulations in First and Second Schedules.
26. Transfer of powers of Building Authority.
26A. [ Repealed by A a 28 of IWI 1.
The Surveyor
27. Building to be under supervision of Surveyor.
28. Survcyor inay appoint deputy with consent.
29. Appointment of District Surveyors or assistant to Surveyor.
30. Supervision of buildings of Surveyor or under his professional
superintendence.
Notices 10 the Surveyor
31. Notices to bc given to Surveyor by builder.
32. Duty of Surveyor to survey buildings and cause this Act to be
33. Noticc to be cvidence as against builder of intended works.
34. Penalties on builder proceeding without giving notice or bcfcre
35. Powers of Survcgor to cnter and inspect buildings, and penalties
36. Powers of Surveyor to entcr buildings to ascertain their right to
31. As to commencing work in cases of emergency before notice.
38. Notices by Surveyor in cases of irregularity on part of buiider.
39. On non-compliance with notice, power to Justice to order
compliance in whok or part upon summons to builder.
40. Penaltics on liui!der and powers of Surveyor if order of Justice
not obeyed.
41. Notice as to latrines in certain QLSCS.
42. Penalty on workmen, etc.. contravening the regulations under this
43. Power of Corporation to prepare forms of notices.
44. Payment of fees to Corporation or as per Part I of Third
45. As to fees for special services not specifid in Third Schedule.
observed.
expintion of two days after notice.
for obstructing him, etc.
exemption.
Powers of enforcing same.
Act.
Schedule.
IThs inclusion of this p ~ e is authorized by L.N. 42j19951
KINGSTON A N D ST. ANDREW BUILDING 3
46. Monthly returns to be made by the Surveyor to the Corporation
47. Effect of such return.
PART 111. Darigcrous Structures
48. Survey to be made of dangerous structures.
49. Certificate 0: Surveyor’s opinion.
50. Proceedings upon Surveyor’s certifimte.
51. Powers of Corporation if notice not complied with.
52. Power of Corpuration to sell for payment of expenses, giving
surplus to owner.
53. Application of silrplus if no proper demand made for same.
54. Fees to Corporation.
55. Fees for special services.
56. Power to remove persons from dnnpous structures.
PART IV. Party Sfrrrcturcs
57. BuiIding owner and adjoining owner dehed.
58. Rights oi building owner.
59. Rights of adjoining owner.
60. Rules as to exercise of rights by buildin: and adjoininb. owners.
61. Right of building oHner to enter on premises for exeating works.
62. Security to be given by building owner if reqaired.
63. Rules as to expenses in respect of party structures.
64. Account of expenses to be delivered to adjoining owner within
one month.
65. Difference as to expenses. how to be indicated and settled.
66. Acceptance of account and payment.
67. Possession of party structure until payment of expenses.
68. As to expenses incurred on requisition of adjoining owner.
69. Penalty on building owner failing to pcrfonn conditions subject
to which his right to execute works arises.
mhhe inclusion of this pago is authorized by L.N. 421 19951
4 KINGSTON A N D ST. ANDREW BUILDING
PART V. Miscellaneous Provisions
70. Rules RS to payment of expenses by owncr.
71. Rules as to service of notices, summonses and orders
72. Power to cnter premiscs in order to comply with notices or orders.
73. Service of notices, ctc., on p s o n s under disability.
74. Power to Resident Magistrate for Kingston to give consent and
75. Ri$ts of l m d ~ r d s and tenants not affected.
76. Powers of Surveyor as to works discovered to have been done
without due notice.
77. Power to make regulations.
7K. As to actions against Surveyor and certain others acthg in
79. Powers of the Resident Magistrate’s Court for Kingston.
80. Procedings in and enforccment of orders of Court.
81, Appeals from the Resident Magistrate’s Court for Kingston.
82. Reco?;ery of penalties.
83. Recovery of fees, costs and expenses.
84. [Spent.]
Penalry on obstruction.
d i s p s c witt. scn-ice of notice in certaiu cases.
77A. [ Repealed by Acf 28 of 1991 1.
carrying h i s Ac: into effect.
&XEDuIES
-
Che inclusion of th is page is authorized by L.N. 42/1995]
KINGSTON AND ST. ANDREW BUILDING J
cap. 191.
15$&,. THE KINGSTON AND ST. ANDREW BUILDING
A& ACT U or 1969
[19Zh April, 1883.1 m ~ f ~ $ ,
28 of 1991,
39 d 1999
PART L Preliminary
a 3.
1. This Act may be cited as the Kingston and St. Andrew Short title
Building Act.
the “area” of every building shall be deemed to be the
superficies of a horizontal section of such building made
at the point of its greatest surface, including the external
wall and such portion of the party walls as belong to
the building, but excluding any attached building the
height of which does not exceed the height of the
ground storey;
“the base of the wall” shall mean the course immediately
above the footings;
“bressumer” means a wooden or reinforced concrete beam,
or metallic girder, which carries a wall;
“builder” means the person who is employed to build or to
execute work on a building or structure, or, where no
person is so employed, the owner of the building or
structure;
“Building Authority” and “Corporation” mean the Council
of the Kingston and St. Andrew Corporation appointed
and constituted under the provisions of the Kingston
and St. Andrew Corporation Act, or such other body
as may be, by order of the Minister, substituted for that
Corporation for the purposes of this Act in pursuance
of the powers contained in this Act;
“building of the warehouse class” means a warehouse,
factory. manufactory, brewery, distillery, foundry, and
any other building, exceeding in cubical extent one
hundred and twenty-five thousand cubic feet. which is
neither a public building nor a domestic building:
$2- 2.41) In this Act-
-__-- _____
minclusiwoi 1~pgeisaullhaiZodbyL.N. 95/1997]
6 KINGSTON A N D ST. ANDREW BUILDING
“business area” means an area bounded by a line com-
mtncing at a point in the harbour of Kingston, one
hundred yards south of the shore of the harbour, at
the centre of Highholborn Street, running thence
along the centres of the following streets-Northerly
along Highholbom Street to Harbour Street thence
westerly along Harbour Street to Hanover Street, thence
northerly along Hanover Street to East Queen Street,
thence westerly along East Queen Street to Duke Street,
thence northerly along Duke Street to Sutton Street,
thence westerly along Sutton Street, North Parade and
Heywood Street to West Street, thence southerly along
West Street to Barry Street, thence westerly along
Barry Street to Pechon Street, thence southerly along
Pechon Street and continuing from Peclion Street in
a straight line to tlie shore of the harbour, and south-
ward out to a point in the harbour, one hundred yards
from the shore, and thence easterly in a line parallel
to the shore of the harbour and one hundred ydrds
distance therefrom to the point of commencement, and
every other area within the urban and suburban districts
defmed and described in the Second Schedule to the
Kingston and St. Andrew Corporation Act, which the
Minister may from time to time by order in the Gazette
declare to be a business area for the purposes of this
Act;
“mtre of the roadway”, in relation to any road, passage
or way, existing on the nineteenth day of April, 1883,
or thereafter formed, shall mean the centre of the road-
way of such road, passage or way, as existing
immediately before the time when first after the date
aforesaid, or the formation of the same, any house or
building fronting towards or abutting upon such road,
passage or way, was begun to be constructed or
extended;
indusim d@n ~a h a w b m i d byL.N. 95/1W71
KINGSTON A N D ST. ANDREW BUILDING
“cross wall” shall apply to every wall used or built in order
to be used as a separation of one part of any building
from another part of the same building, such building
being wholly in one occupation;
“cubical content” applied to the measurement of a building,
means the space contained within the external surfaces
of its walls and roof and the upper surface of the floor
of its lowest storey;
“domestic building“, includes a dwelling-house, or an office
building, or outbuilding appurtenant to a dwehg-
house, whethw attached thereto or not, and any other
building, not being a public building, or of the ware-
house class;
“dwelling-house”, means a building used, or constructed,
or adapted to be used, wholly or principally for human
habitation;
“external wall” means an outer wall or vertical enclosure
of any buildin& not being a party wall;
‘‘fireresisting material” means any of the things described S C O O ~
in the Second Schedule;
“ground storey” means that storey of a building to which
there is an entrance from the outside, on or near the
level of the ground;
“habitable”, applied to a room, means a room constructed
or adapted to be inhabitd;
“height”, in relation to any building, means the measure-
ment taken from the level of the street (if any)
immediately in front of the centre of the face of the
building; or (where there is AO such street) from the
level of the ground before excavation to the level of
the top of the parapet; or, where there is no parapet,
to the level of the top of the external wall: or (in case
of gable buildings) to the base of the gable;
SCbedvGa
[The fpchmion of this m e is autborjzed by L.N. 37/19aSI
8 KINGSTON AND Sl. ANDREW BUILDlNG
“inhabited”, applied to a room, means a room in which some
person passes the night, or which is used as a living
room, including a room with respect to which there is
a probable presumption (until the contrary is shown),
that some person passes the night therein, or that it is
used as a living room;
“new building”, includes (a) a building begun to be built or
rebuilt after the 29th day of July, 1907, and includes
the reerecting of any building pulled down, damaged,
or destroyed to or below the floor immediately above
the ground storey, thereof, or of any building of which
only the framework is left above the ground storey and
any addition to, or external alteration of an existing
building, and (b) any space between walls roofed after
the 29th day of July, 1907;
“owner” shall apply to every person in possession or receipt
either of the whole or of any part of the rents or profits
of any land or tenement, or in occupation of any land
or tenement, otherwise than as a tenant from year to
year or for any less term, or as a tenant at will, and the
attorney or agent of any such person;
“party structure” shall include party walls and dividing walls,
partitions and fences, between premises either owned or
occupied by different persons, and also partitions,
arches, floors and other structures, separating buildings,
stories or rooms, which belong to different owners, or
which are approached by distinct staircases or separate
entrances from without;
“party wall” means (a) a wall forming part of a building and
used, or constructed or adapted to be used, for separa-
tion of adjoining buildings belonging to different
owners, or occupied or constructed or adapted to be
occupied by different persons; or (b) a wall forming
part of a building and standing in any part of its length
[The inclvriw of thia m e is autborizcd by L.N. 37/1988]
KINGSTON A N D sr. ANDREW ~ ~ U I L D I N G 9
to a greater extent than the projection of the footings
on lands of different owners;
“person” shall include a body corporate;
“the prescribed distance” shall mean the distance
prescribed by the Corporation, by notice published in
the Gazeire, in respect of any particular road, street,
lane or way, or any particular portion thereof respect-
ively, to be named in such notice; and in respect of
the roads, streets, lanes or ways, or portions thereof
respxtively, in respect of which no distance has been
prescribed in manner aforesaid, shall mean twenty feet
from th- centre of the roadway of a road or street, and
twelve feet from the centre of the roadway of a lane or
other way narrower than a road or street;
‘‘public building” means a building used, or constructed,
or adapted to be used, either ordinarily or occasionally,
as a church, chapel: or other place of public wmship,
or as a school, college or place of instruction (not being
merely a dwelling-house so used), or as a hospital, work-
house, theatre, public hall, public concert room, public
ball room, public lecture room, public library, or public
exhibition room, or as a public place of assembly for
persons admitted thereto by tickets or otherwise, or
used or constructed, or adapted to be used, either
ordinarily or occasionally for any other public purpose,
also a building used, or constructed, or adapted to bc
used as a hotel, lodging-house, home, refuge, or shelter,
where such building extends to more than one hundred
and twenty-five thousand cubic feet, or contains
sleeping accommodation for more than a hundred
persons;
“roadway” in relation to any road, street, lane or way shall
mean the whole space open for traffic, whether carriage
tr&c and foot trafEc, or foot traffic only;
m e inclusion of this page i6 authorized by L.N. 421 19951
10 KINGSION A N D ST. ANDKEW BUILDING
“the Surveyor” or “District Surveyor”, as the case may be,
means the City Engineer appointed under the Kingston
and St. Andrew Corporation Act; or such officer as may
be appointed for the purpose of this Act by the Building
Authority;
“topmost storey” means the uppermost storey in a building
whether constructed wholly or partly in the roof or
not:
“tribunal of appeal” means the Chief Technical Director
or any person from time to time appointed by him in
writing, to hear and determine any appeal.
PART 11. Regulation and Supervision of Buildings
Buildings 3. All buildings under the supervision or control of the
cxmpi from
operationof Chief Technical Director, shall be exempt from the
P u t l I .
4211969 operation of this Part.
3rd
Area to
whim Act
applim. be in force in-
4.--(1) All the provisions of this Act shall extend to and
(a) the business area; and
(b) (subject to any special or general modifications,
exceptions or limitations herein contained, or
which the Building Authority may from time to
B/lW time on a resolution approved by the Minister pre-
s. 3. cribe) all such areas within the urban and suburban
districts as defined and described in the Second
Second Schedule to the Kingston and St. Andrew
Schedule.
Fhe inclusiovl of this page is authorized by L.N. 421199951
KINGSTON A N D ST. ANDREW BUILDING
Corporation Act, as the Minister may from time
to time by order in the Gazette prescribe :
Provided that until the issue of the first of such
orders, the provisions of this Act shall extend to
and be in force throughout the whole of the area
of the said urban and suburban districts.
(2) The following portions of the First Schedule, that First
Schedule. is to say paragraph (1) of regulation 24, paragraphs (1) and
(2) of regulation 28, and paragraphs (2) and (3) of regula-
tion 30 shall not apply to domestic buildings outside the
business area, having a cubical content of not more than
one hundred and twenty-five thousand cubic feet.
II
5. Any alteration, addition or other work, made or done Alterations
for any purpose, except that of necessary repair not affect- additionsto
building, or in, to or upon, any new building after the roof
has been covered in, shall to the extent of such alteration,
addition or work, be subject to the regulations in the First Fintand
and Second Schedules, and whenever mention is hereinafter sFh&lcs.
made of any alteration, addition or work, in, to or upon,
any building it shall unless the contrary appears from the
context, be deemed to imply an alteration, addition or work,
to which this Act applies.
of and
ing the construction of any wall, in, to or upon, any old old ings, build-
Semnd
6. Whenever any old buildings are separated by timber Divisions
or other partitions not in conformity with this Act, then, of buildings old
if such partitions are removed to the extent of one-half
thereof, such buildings shall, as respects the separation partitions.
thereof, be deemed to be new buildings, and be forthwith
divided from each other in the manner directed by this Act.
7. No house or building shall be constructed or begun Atwhat
distance to be constructed, and no house or building shall be fromcentre
extended or begun to be extended, in such manner that the ~~~~~~y
external wall or front of any such house or building, or if tobebuilt
m e inclusion of this page is aulborized by L.N. 480(1973]
12 KINGSTON AND ST. ANDREW BUILDING
there be a forecourt or other space left in front of any such
house or building the external fence or boundary of such
forecourt or other space, shall be at a distance less than the
prescribed distance from the centre of the roadway of any
road, street, lane or way, without the consent in writing of
the Corporation :
Provided always that the Corporation may, in any case
where it may think it expedient, consent to the construction,
formation or extension, of any house, building, forecourt
or space, at a distance less than the prescribed distance from
the centre of the roadway of any such road, street, lane or
way, and at such distance from the centre of such roadway,
and subject to such conditions and terms (if any), as they
may think proper to sanction.
Notioe to
bm,dings.
8. In every case where any such house, building, fore-
court or space, is constructed, formed or extended, or is
begun to be constructed, formed or extended, in contraven-
tion of the provisions of section 7, at a distance from the
centre of the roadway of any such road, street, lane or way,
as aforesaid less than the prescribed distance, or than such
other distance as may have been sanctioned by the Corpora-
tion, or contrary to the conditions and terms (if any) subject
to which such sanction was obtained, the Corporation may
serve a notice upon the owner or occupier of the said house,
building, forecourt or space, or upon the builder or person
engaged in constructing, forming or extending the same,
requiring him to comply with the provisions of the said
section, and to cause such house, building, forecourt or
space, or any part thereof, to be set back so that the external
wall of such house or building, or the external fence or
boundary of such forecourt or space, shall be at a distance
not less than the prescribed distance from the centre of the
roadway of such road, street, lane or way as aforesaid, or
at such distance and according to such conditions and terms
(if any) as the Corporation may have sanctioned.
set back
m e inclusion of this page is aulhorized by LN. 480/19731
KINGSTON AND Sl. ANDREW BUILDING i 3
9. In case any owner, occupier, builder or person, during Pcnaltiesfor
disobcdicnfo twenty-eight days after the service of any notice under the toonotioe.
preceding section neglects or refuses to comply with the
requirements of such notice, or after the expiration of such
period fails to carry out or complete the works necessary for
such compliance with all reasonable despatch, he shall be
liable to a penalty of not less than ten thousand dollars, and 39d1595
not more than twenty thousand dollars, and to a further s.3.
penalty of not less than eight hundred dollars, and not more
than two thousand dollars, for each day during which such
default continues after the first day after the expiration of
the time limited by such notice.
10-41) Every person who proposes to erect or re-erect proadmu,
any building or any part thereof, or to extend any building
or any part thereof, shall give notice thereof to the Building ~~~~m
Authority, and such notice shall be accompanied by-
(a) An accurate ground plan showing the land or site,
the frontage line for length of twenty feet, of any
building, whether standing or in ruins, adjaoent
on each side thereof, and the full width of the
street or streets immediately in front and at the
side or back thereof, if any.
(6) An accurate plan showing the several floors of such
building and the front elevation thereof and at
least one cross section and such other cross or
longitudinal sections and further particulars, as
.the Building Authority may from time to time by
regulation or in any particular case require.
(c) An accurate plan showing the frontage of such
building on any street or lane.
All such plans shall be to a scale not smaller than one-
eighth of an inch to one foot, and the Surveyor shall, if he
approve of such drawings, notify his approval of the same
in writing to the buiIder, or he may call for amended draw-
tl%iaclusioo dtbls pagc b ailmotizsl by L.N. 95/19!37l
be adopted
Y persona
hedccta
14 KINGSTON A N D ST. ANDREW BUILDING
ings for approval or otherwise. In case of dispute the
matter shall be submitted to the Building Authority:
Provided always that no plans shall be approved as here-
inbefore mentioned unless the class of building and the
frontage, elevation and design are in the opinion of the
Building Authority suitable to the locality or neighbour-
hood and unless they make provision for sanitary arrunge-
ments to the satisfaction of the Surveyor or the Building
Authority or in cases where house sewers cannot be required,
to the satisfaction of the Corporation, nor unless plans
under the Kingston Improvements Act have been approved
by thc Building Authority. n e Building Authority may
&,o at any time before or after the work has been com-
menced, require the builder or owner to submit such work-
ing drawings or detailed plans as, and drawn to such scale
as the Surveyor may prescribe. The procedure in regard
to approval or otherwise of such working drawings or
detailed plans shall be in all respects as above described :
Provided also that the Surveyor may in his discretion
accept a notice unaccompanied by plans and approve of the
building proposed subject to such written instructions or
directions as may from time to time be given by the Surveyor
or Building Authority, and in such case any failure to
comply with any of such instructions or directions shall
for the purposes of the next subsection be deemed to be a
deviation from the approved plan.
(2) Every person who shall erect, or begin to erect
or re-erect, or extend, or cause or procure the erection, re-
erection or extension of any such building or any part
thereof, without previously obtaining the written approval
of the Building Authority; or, in m e of dispute, of the
tribunal of appeal, or otherwise than in conformity with
such approval; and every builder or other person who shall,
in the erection, re-erection or extension of any such building
-
~ i n r l u s i r n ofthis pqse ia a u & d by LN. 9S/ 1W1
KINGSTON A N D ST. ANDREW BUILDING 15
or part thereof deviate from the plan approved by the
Building Authority; or, in the case of detailed or working
drawings, by the Surveyor or the tribunal of appeal, shall
be guilty of an offence against this Act, and liable to a
penalty not exceeding fifty thousand dollars, besides being 3% 1995
ordered by the Court to take down the said building or part s’3’
thereof, or to alter the same in such way as the Surveyor
shall direct, so as to make it in conformity with t i e approval
of the Building Authority or the tribunal of appeal.
11. Where any person desires to erect or re-erect any M a k i n p u
of existing building or any part thereof, so that such erection or re-
erection may be deemed a “new buiIding” under this Act,
and such person desires to make use of any existing walls
as part of such new building, he may make application in
writing to the Surveyor for permission so to do. The
Surveyor shall upon the receipt of such reports and after
such other inspection or investigation as he may think
necessary, finally determine whether such walls or any part
thereof, and if so, what part, may be so used or not, or upon
what terms and conditions the same may be so used, and
thereupon such walls, or such portion as aforesaid, may
be used in accordance with the determination of the
Surveyor and not otherwise.
All expenses which may be incurred in connection with
such application, shall be paid by the applicant in advance,
and the amount thereof shall be determined by the Surveyor.
12.-(1) Where any builder is desirous of erecting store- Buildinlrrto
houses on any wharf property, any pier, jetty, or any build- innpplicablo,
ing thereon, or any boathouse, or any shed or latrine or
water closet, to which the provisions of this Act are in the
opinion of the Building Authority inappropriate, having
regard to the special purpose for which the building or
structure is designed or adapted to be used, he shall make
an application to the Building Authority, accompanied by
which Act
mo inclusion d this , p y is aupharizod by L.N. 95 19971
16 KINGSTON A N D ST. ANDREW BUILDING
a plan of the proposed building or structure, with such
particulars of the construction thereof as may be required
by the Building Authority.
(2) The Building Authority, if satisfied with such
plans or particulars, shall signify their approval of the same
in writing, and thereupon the building may be constructed
according to such plans and particulars.
(3) The Building Authority may, for the purpose
of regulating the procedure in relation to such application,
from time to time make, revoke and amend such general
rules as they think fit, as to the time and manner of making
such applications, and as to the plans to be presented, the
expenses to be incurred, and any other matter or thing
conne-cted therewith.
(4) All expenses incurred in and about the obtaining
approval of the Building Authority, shall be paid by the
person applying for such approval.
(5) A copy of any plans and particulars approved
by the Building Authority shall be furnished to the Surveyor,
and it shall be his duty to ascertain that the work and
materials are built in accordance with the said plans and
particulars.
Tcmpasry
building&
13. Where an application is made to the Building
Authority, by any person stating his desire to erect in any
place a building or structure of a temporary character, to
which the general provisions of this Act are inapplicable,
or in the opinion of the Building Authority inappropriate,
the Building Authority may, if they approve of the plan
and particulars of the building or structure, grant permk-
sion for the erection of the same, and shall limit the period,
not exceeding one year, during which it shall be allowed to
remain in that place, and may make their approval subject
to such conditions as they think fit.
.- ________ me inclusion of tfiis mga is audhorirod by L.N 951 19971
KINGSTON A N D ST. ANDREW BUILDING 17
14. If at the expiration of the period limited by the ~ ~ ~ ~ ~ ~ i ~ f
Building Authority, or if no such period be limited, at the temporary buildmn,,
expiration of one year from the approval of the plans and
particulars, the building or structure of a temporary
character, be not removed, the Building Authority shall
serve a notice on the occupier or owner of such building or
structure, requiring him to remove it within a reasonaide
time specified in the notice; and if the owner or occupicr
fail to remove such building or structure within the time
niinizd, the Building Authority shall, notwithstanding thr:
imposition and the recovery of any penalty, cause complaint
thereof to be made before the Resident Magistrate, who
shall thereupon cause a summons to be issued, requiring
such occupier or owner to appear to answer such compIaint;
and, if the said complaint is proved to the satisfaction of
the Resident Magistrate, the Resident Magistrate shall make
an order in writing authorizing the Building Authority to
enter upon the land upon which such building is situated,
and to remove or take down the same. and do whatever
may be necessary for such purpose, and also to remove the
materials of which the same is composed to a convenient
place; and (unless the expenses of the Building Authority
be paid to them within fourteen days after such removal)
to sell the same as they think proper.
15. In m e any owner, occupier, builder, or person, pcnd~fOor
during twenty-eight days after the service of any notice =?&
under this Act, neglects or refuses to comply with the c&"
requirements of such notice, or after the expiration of such (hrcuadcr.
period fails to carry out or complete the works necessary
for such compliance, with all reasonable despatch; or in
case any owner or occupier fails, for twenty-eight days after
the expiration of the period mentioned in his permission
under this Act, to remove his building or structures, each
of such persons shall be guilty of an offence against this
Act, and be liable to a penalty of not less than ten thousand 3911995 s. 3.
C I k inclurfom of this page is authorized by L.N. 951 39973
KINGSTON AND ST. ANDREW BUKLDING
Ap rovals
to be in
mfa?Jcm
lSl l95i
s. z
2811991
8. 4.
Kegister of
oonditian:tl
assents.
External
walls.
Iiosrdingr.
New
buildings.
First and
second
schcdulcl.
dollars, and not more than twenty thousand dollars, and to
a further penalty of not less than eight hundred dollars, and
not more than two thousand dollars for each day during
which such default continues after the expiration of the time
limited by such notice.
16. The approval of the Building Authority of any plans
or particulars, or any sanction, or conditional assent by the
Building Authority, shall be signified by writing, under the
hand of the Surveyor or of any person duly authorized so to
do by the Building Authority by resolution, and counter-
signed by the Clerk or Secretary of the Building Authority,
and shall bear the date of such approval.
17. The Building Authority shall keep a register of all
conditional assents given by them under this Act, and shall
keep the same open to inspection by all persons interested
at all reasonable times.
18. The external walls of any new building, where visible
from any street, shall be built according to a design or
designs approved of by the Building Authority, and not
otherwise.
19. The builder shall erect and keep erected during the
execution by him of work on any building or structure, such
hoardings and shed roofs for the protection of persons ushg
the adjacent streets or lanes, as shall be prescribed by the
Surveyor.
20. All new buildings, other than temporary buildings
built in accordance with law, shall, subject to the provisions
of this Act, be built in accordance with the regulations, in the
First and Second Schedules, or made pursuant to the
provisions of this Act.
~~ ~~~ -~ ~
[The inclusion of page is authorized by L.N. 95 / 19971
I .
KINGSTON AND ST. ANDREW BUILDING 19
21. No chimney, other than a kitchen chimney, shall be chimne~s.
erected except with the permission of the Building Autho-
rity and in accordance with plans approved of by the
Surveyor.
22. Notwithstanding anything in this Act, every public Public
building, including the walls, roofs, floors, galleries and buildmgs.
staircases, and every structure and work constructed or done
in connection with or for the purposes of the same, shall be
constructed in such manner as may be approved by the
Surveyor; or, in the event of disagreement, may be deter-
mined by the tribunal of appeal, and save so far as respects
the rules of construction, every public building shall through-
out this Act be deemed to be included in the term building,
and subject to all the provisions of this Act, in the same
manner as if it were a building erected for a purpose other
than a public purpose.
No public building shall be used as such, until the
Surveyor, or the tribunal of appeal, shall have declared his
approval of the construction thereof, and of its suitability
for the purpose for which it is proposed to be used.
After the Surveyor shall have declared his approval or
shall certify that it has been constructed as directed by the
tribunal of appeal, no work affecting or likely to affect the
building shall be done to, in, or on the building, without the
approval of the Surveyor or the tribunal of appeal.
23. Where it is proposed to convert or alter any building bnvmioa
erected for a purpose other than a public purpose, into a of . bnildinp
info n public
public building, such conversion or alteration shall be bUi*hg.
carried into effect and the public building thereby formzd,
including the walls, roofs, galleries and staircases thereof,
shall be constructed in such manner as may be approved by
the Surveyor, or in the event of disagreement, by the tri-
~ i a c l u h d t t r i s p a g e i s a u ~ & c d byL,N.95/19971
20 KINGSTON AND ST. ANDREW LIUIIDING
Psnaltica.
391 1995 s. 3.
bunal of appeal, and the provisions of this Act shall apply
to such alteration or conversion, as though it were the con-
struction of a public building.
24. Any person acting contrary to, or failing to comply
with any of the provisions of. this Act, or the regulations
under section 25, shall be guilty of an offence against this
Act, and in any case in which no penalty is provided for any
person so offending, he shall be. liable to a penalty not
exceeding ten thousand dollars, and to a daily penalty not
exceeding one thousand dollars, for every day during which
such offence continues after conviction.
Regulations
b ~ j ~ ~ ~ ~ d
Second chedules.
2 5 . 4 1 ) ' fie Building Authority may, from time to time
alter or amend the regulations contained in the First and
Second Schedules, and may also from time to time make
such further regulations, as they may deem expedient, for
bctter carrying into effect the objects and powers of this
Act, with respect to all or any of the following matters, that
is to say-
(a) the minimum distance between buildings and the
edge of the roadway;
(b) the minimum size of buildings intended for human
habitation and of the several apartments in such
buildings;
(c) the minimum distance between buildings (whether
on the same or separate holdings) intended for
human habitation;
(d) the minimum area of holdings on which various
classes of buildings may be erected and the pro-
portion of the area of holdings which each class of
building may occupy;
(e) prescribing the giving by persons proposing to
erect buildings to owners and occupiers of adjoin-
ing sites notice of intention to submit plans for
.. ~ ~ -. ~ . -~ -
inclu& of this is auihorized by LN. 95 I19971
KINGSTON AND ST. ANDREW BUlLDING 21
any particular class of building, and the posting
or service of such notice;
V, prescribing the terms upon the manner in which
owners and occupiers of adjoining or neighbour-
ing holdings may oppose the approval of plans for
any particular class of building and be heard in
support of their objections;
(g) the plans, elevations and sections for new build-
ings;
fht the forms of notice and other documents to be
used for the purposes of this Act and other like
matters of procedure;
(r> foundations and sites of buildings and other ercc-
tions;
( j ) the mode in which and the material with which
such foundations and sites are to be made, exca-
vated. filled up, prepared, enclosed, protected and
completed for securing stability and for purposes
of health;
(k) the thickness and the description and quality of
the substance of which walls may be constructed
for securing stability for the prevention of fires
and for the purposes of health;
(0 the size, description, strength, resistance and other
qualities, proportions of ingredients, methods of
manufacture and treatment and erection of all
materials used for the purposes of strength or
stability in building;
(m) the materials which may be used for the panel-
ling of wooden framed houses, and the method of
securing such materials to the framework, and the
material which may be used for the external
covering of such framework;
. ~~ .. -_ .~ .- _ _ _ ~
~ ~ h c l u i i o a f this paee ia auulorhed by L.N. 9 5 k 9 7 1
22 KINGSTON AND ST. ANDREW BUILDlNG
(0) the dimensions of joists of floor, the protection
of ironwork used in the construction of buildings
from the action of fire;
(0) the description and quality of the substances of
which plastering may be made;
( p ) the mode in which and the materials with which
any excavation made within a line drawn outside
the externals of a building or other erection and
at a uniform distance therefrom of three feet shall
be filled up;
(q) the regulation of lamps, signs and other structures
overhanging the public way;
(r) the methods and materials to be employed in the
installation of water, gas, electric light, telephones
and electric bells in buildings;
(s) the duties of the Surveyor in relation to any regu-
lations made in pursuance of this section, and in
relation to the regulations set forth in the First
( t ) the deposit with the Surveyor of any plans sub-
mitted for his certificate;
(U) the procedure to be followed by the tribunal of
appeal, including the time of notice of appeal, the
fees to be paid by appellants and other parties and
the enforcement of the orders of that tribunal;
(v) creating districts with power to make different
regulations in respect of each such district;
(w) prescribing and/or altering the fees to be paid;
First and
SEhcdula. and Second Schedules; Second
39/199s
s. 3.
I d the imposition for every offence committed against
any regulation made under this Act of a penalty
not exceeding two thousand doIlars, and a daily
penalty not exceeding one thousand dollars for
every day during which such offence continues after
conviction.
- __
~
inclusiomdthispageisa~o~z~ byLN.95/1997]
KINGSTON AND ST. Atv'DREW BUILDZh'C 23
(2) The power to make regulations pursuant to this i ' i : l~Y5 s. 2 . section shall be subject to the provisions of section 223 of
the Kingston and St. Andrew Corporation Act,
(3) [Deleted by Act 39 of 1995 S. 3.1
26. It shall be lawful for the Minister, by order, to Transferof
transfer all the rights, powe.rs, duties, immunities and ~~~~*
discretions by this Act conferred on the Building Authority Au*ori~+
from the Council of the Kingston and St. Andrew Corpora- z8/1w1
tion to any other body and to constitute such other body the
Building Authority for the purposes of this Act; and simi-
larly, from time to time to re-transfer such rights, powers
and duties from such substituted body to the Council of the 2811991
Kingston and St. Andrew Corporation or anv other body.
S. 5(a).
S. 5 (b).
26A. [Repealed by Act 28 of 1991.1
The Surveyor
27. With the exemptions hereinbefore mentioned. eve.ry BddinKs to
building, and every work done to, in or upon! any building, S W M S l o n
bn undu
of Surveyor. shall be subject to the supervision of the Surveyor.
28. If the Surveyor is prevented by illness, infirmity: or
any other unavoidable circumstance, from attending to the n w wppoint
duties of his office, he may, with the consent of the Corpora- Qlnsent.
tion, appoint some person as his deputy, to perform all his 28/1991
duties for such time as he may be prevented from executing
them.
29. If at any time it appears to the Corporation that,
on account of the pressure of business or on any other T;~,
account, the Surveyor cannot discharge his duties promptly b c y o r s o r
and efficiently for the whole city, then the Corporation may swcyor.
assign District Surveyors thereto to assist the Surveyor in ; ~ ~ ! ~ 1
such districts in the performance of his duties or may ap-
point some other person or persons to give such assistance to
the Surveyor.
lThc Inclusion of this page is authoriztd hy L.N. 9r! I 9071
deputy witll
s. 7.
wiatant la
divide the city into two or more districts, and appoint and s,3, 151 1957
-~
24 KINGSTON AND ST. ANDREW BUILDING
Supervision
of buildings
01 Surveyor
or under his
profcrawnal
SUpCI-
intcndmco.
2811991 s. 9.
Notices to
be given to
&T by
30. If any building is erected, or any work done to, in
or upon, any building, by or under the superintendence of
the Surveyor acting professionally or on his own private
accoiint, it shall not be lawful for such Surveyor to survey
any such building for the purpose of this Act, or to act as
Surveyor in respect thereof, or in any matter connected
therewith, but it shall be his duty to give notice thereof to
the Corporation, who shall then appoint some other person
to act as Surveyor in respect of such matter.
Notices to /he Surveyor
31. ’Two days before the following acts or events, that is
Two days before any building or other work to, in or
upon, any building, is commenced, and also
if the progress of any such buiIding or work is, after
the commencement thereof, suspended for any
period exceeding three months, two days before
such building or work is resumed, and also
d during the progress of any such building or work the
builder employed thereon is changed, then two
days before any new builder enters upon the con-
tinuance of such building or work,
it shall be the duty of the builder engaged in building or
rebuilding such-building, or in executing such work, or in
continuing such building or work, to give to the Surveyor
notice in writing stating the situation, area and height, and
intended use, of the building or buildings about to be com-
menced, or to or in or upon which any work is to be done,
and the number of such buildings if more than one, and also
the particulars of any such proposed work, and stating also
his own name and address; but any works to, in or upon the
same buildings that are in progress at the same time may be
included in one notice.
to say-
-_ __
p%e inclusion d dhis is a u b ~ e d by L.N 95 /19!371
KINGSTON A N D ST. ANDREW BUILDING 25
32. The Surveyor shall, upon the receipt of any such Dutyof
notice as aforesaid, and also upon any work affected by the ~ u ~ ~ ~ t a
rules and the regulations made under this Act, but in 2:z;;
respect of which no notice has been given, being observed by this .4ct ~n
or made known to him, and also from time to time during
the progress of any works affected by the rules and regula-
tions and directions of this Act, as often as may be neces-
sary for securing the due observance of such rules and regu-
lations, survey any building or work placed under his super-
vision, and cause all the rules and regulations under this
Act to be duly observed.
be obrerled.
33. Every notice given in pursuance of this Act shall be N o t k b k
cvidenco M
to be prima facie evidence as against such builder of the builder . mtcnded
deemed, in any question relative to any building or work, againat
nature of the building or work proposed to be built or done.
of
34. If any builder neglects to give notice in any of the ;$:-on
cases aforesaid, or executes any work of which he is hereby proEeeding
given due notice of any work executes the same before the '$gEn
expiration of two days from the time of giving such notice, ;:pn:;g,
such builder shall for every offence incur a penalty not ~ s , 1 9 9 s
wimout
required to give notice before giving the same, or having giving nofiec
exceeding ten thousand dollars. s. 3.
35. At all reasonable times during the progress of any powersof
building or work affected by this Act, it shaIl be lawful for %Gezfo
the SuTveyor to enter and inspect such building or work :;%;Ags,
and if any person refuses to admit such Surveyor to inspect andpenaltiu
Surveyor all reasonable assistance in such inspection, in
every such case the offender shall incur for each offence a
penalty not exceeding ten thousand dollars.
such building or work, or refuses or neglects to afford such for . obstruct- l g him, etc.
3911995
S. 3. --__- -_-.--__.___I_. _ _
ITbOiadwh o(*s ia antlwriml by L.N 951159797)
26 KINGSTON A N D ST. ANDREW BUILDING
Po-of 36. The Surveyor may at all reasonable times enter any
Swoyor to
enter premises, with the exception of buildings hereinbefore
buildings to
aJafia expressly exempted from the operation of this Part, for the
*eirnghtto cxmption. purpose of ascertaining whether any buildings erected in
such premises are in such a situation or possess such
characteristics as are hereinbefore required in order to
exempt them from the operation of this Act, and he may
do all such things as are necessary for the above purpose,
and if any person refuses to admit such Surveyor to enter
such premises or to inspect any such building, or neglects to
afford to him all reasonable assistance in such inspection, in
every such case the offender shall incur a penalty not
3911995 exceeding ten thousand dollars.
Aafa
commencing
workin
cdscs of
emergency
Mm n0tiFe.
s. 3.
37. If by reason of any emergency any act or work is
required to be done immediately, or before notice can be
given as aforesaid, then it shall be lawful to do the act or
work so required to be done, upon condition that before the
expiration of twenty-four hours after such act or work has
been begun notice thereof is given to the Surveyor.
Notices by
h r e y o r in
cases 01
irregdarify
on artof
buiyder.
38. In the following cases, that is to say-
If in erecting any building, or in doing any work to,
in or upon any building, anything is done contrary
to any of the rules or regulations under this Act,
or anything required by this Act is omitted to be
done, or
in cases where due notice has not been given, if the
Surveyor, on surveying or inspecting any building
or work, finds that the same is so far advanced
that he cannot ascertain whether anything has
been done contrary to the rules or regulations
under this Act, or whether anything required by
the regulations under th is Act has been omitted
to be done,
_____-- ___~. ~
1Theincluhnof thispageisaubbrkd byL.N.95119971
KINGSTON A N D ST. ANDREW BUILDING 27
in every such case the Surveyor shaIl give to the builder
engaged in erecting such buiIding, or in doing such work,
notice in writing requiring such builder, within forty-eight
hours from the date of such notice, to cause anything done
contrary to the rules or regulations under this Act to be
amended, or to do anything required to be done by this Act
but which has been omitted to be done, or to cause so much
of any building or work as prevents such Surveyor from
ascertaining whether anything has been done or omitted to
bs done as aforesaid to be to a sufficient extent cut into, laid
open or pulled down.
39. If the builder to whom such notice is given makes Onnon-
default in complying with the requisition thereof within withnoticS.
such period of forty-eight hours, the Surveyor may cause mwk
complaint of such non-compliance to be made before a if+&?!
Justice, and such Justice shall thereupon issue a summons wi~alsor
requiring the builder so in default to appear before him, lummoIllbj
and if upon his appearance, or in his absence upon due
proof of the service of such summons, it appears to such
Justice that the requisitions made by such notice or any of
them are authorized by this Act, he shall make an order
on such builder commanding him to comply with the
requisition of such notice, or any of such requisitions that
may in his opinion be authorized by this Act, within a time
to be named in such order.
Eompliapm
panurn
40. If such order is not complied with, the builder on ~cnaiticnon
dollars a day during every day of the continuance of such 2dyr"
non-compliance, and in addition thereto the Surveyor may, ;zt$.=t
if he thinks fit, proceed with a sufficient number of work-
men to enter upon the premises, and do all such things as
may be necessary for enforcing the requisitions of such
notice, and for bringing any building or work into con-
formity with the rules of this Act; and alI expenses incurred
whom it is made shall incur a penalty not exceeding forty builder warnof md
_.
P'b inohmion of thb page is aufbiiml by LN. 95 I19971
KINGSTON A N D ST. ANDREW BUlLDlNG
by him in so doing, and in any such proceedings as aforesaid,
may be recovered from the builder on whom such order
was made, or from the owner of the premises, by plaint in
the Resident Magistrate’s Court for Kingston at the
instance of the Surveyor. or if the owner cannot be found,
or is cnder disability, or if on demand he refuses or neglects
to pay the aforesaid expenses, then the Surveyor, with the
concurrence of the Corporation, and under a resolution of
the Corporation shall have the same power of taking and
selling the building in respect of which the order is made,
and applying the proceeds, as is hereby given to the Corpor-
ation in the case of dangerous structures.
28/1991
s. 10
Notim .I
ba latrinw
in certain
CasEL
30ll987 s. 11.
Powen of
mforcing
same.
391 1995
s. 3.
Ptodty 05
a.. EOQ-
worlmcn.
travcning
tbc regula-
tions undn
mi6 Act
41. The Surveyor shall, when thereunto required by the
Corporation or by the Minister responsible for public health,
give notice in writing to the owner or occupier of any pre-
mises requiring that any latrine on such premises, whether a
new or an old building, shall before a day to be named in
such notice, being not less than ten days after the day of
service of such notice, be brought into COIlrormity with the
rules hereby enacted in respect of latrines, so far as they are
applicable to the locality in which they are situated.
If such notice is not complied with, the owner or occupier
on whom such notice is served shall incur a penalty not
exceeding one thousand dollars a day for every day during
the continuance of such non-compliance, and, in addition
thereto, the Surveyor shall have and may exercise all the
powers for enforcing the requisition of such notice as are
vested in or conferred upon him by section 40 in respect of
orders or notices therein mentioned.
42. If any workman, labourer, servant or other person,
employed in or about any building wilfully, and without
the privity or consent of the person causing such work to
KlNGSTON AND ST. ANDREW BUIIBING 29
be done, does anything in or about such building contrary
to the mles or regulations under this Act, he shall for each
such offence incur a penalty not exceeding two thousand 39,199J
dollars. s. 3.
43. The Corporation may from time to time prepare or powrof
sanction forms of various notices required by this Act, and 2zmE
may from time to time make alterations therein as they may formof
deem requisite, and any notice made in a form sanctioned
by the Corporation shall in all proceedings be held sufficient
in law.
notias.
44. There shall be paid to the Corporation for ser- ~ ~ ~ ~ t ~ f
vices rendered in respect of the several matters specified in ggration
the First Part of the Third Schedule, the fees therein speci- FsIr
fied, which shall remain in force until replaced by fees o f m r d
SChsdUlO. prescribed by regulations made by the Building Authority 15/1957
S. 4 (a1 a
W. under section 25.
45. If any special service is required to be performed by furtofcta
the Surveyor, or by any District Surveyor, under this Part, seN,0C6Mt
for which no fee is specified in the First Part of the said edh
Third Schedule, the Corporation may order such fee as they ~ & & ~ c .
for rpccial
1s/1957
s. 5. think fit to be paid for such service.
46. The Surveyor shall, within seven days after the first hIonthly
day of every month, make a return to the Corporation in be made by
such manner as they may appoint, of all notices and com- p&y”
plaints received by him relative to the business under this Corporation.
Act, and the results thereof, and of all matters brought by I S / I ~ S ~
him before any Justice or Court of Summary Jurisdiction, S 7 h A IbL
and of all the several works supervised and special services
performed by him in the exercise of his oftice within the
returns to
__I
IIh inclusion of this page in authorbed by L.N 951 19971
30 KINGSTON A N D ST. ANDREW BUlLDlNG
previous month: and specify in such return the description
and locality of every building built, rebuilt, enlarged or
altered, or on which any work has been done, under his
supervision, with the particular nature of every work in
respect of which any fee has been charged or received by
the Corporation.
Effect of 47. Every such return shall be signed by such Surveyor,
and shall be deemed to be a certificate that all works
enumerated therein as completed have been done in all
respects in accordance with this Act according to the best of
his knowledge and belief, and that they have been duly
surveyed by him.
such return.
PART 111. Dangerous Structures
48. Whenever it is made known to the Corporation that
any structure (including in such expression any buildings,
walls or other structures, and anything affixed to or pro-
jecting from any building, wall or other structure) is in a
dangerous state, the Corporation shall require a survey of
such structure to be made by the Surveyor, or by some other
competent surveyor; and it shall also be the duty of the
Surveyor to make known to the Corporation any informa-
tion he may receive with respect to any structure being in
such state as aforesaid.
m c y m b o
dangcroua
made of
r m r c t ~ r .
am-teof
SlI?VVO"S
o p w n .
49. Upon the completion of his survey the Surveyor or
other surveyor employed, shall certify to the Corporation
his opinion as to the state of any such structure as aforesaid.
Profoodinsr
~ e ~ r ' s adicatc .
50. If such certificate is to the effect that such structure
is not in a dangerous state no further proceedings shall be
had in respect thereof; but if it is to the effect that the same
upon
[The irrclusion of this page is autharized by L.N. 951 19971
KINGSTON A N D ST. ANDREW BUILDING
is in a dangerous state the Corporation shall cause the same
to be shored up or otherwise secured, and a proper board or
fence to be put up for the protection of passengers, and shall
cause notice in writing to be given to the owner or occupier
of such structure requiring him forthwith to take down,
secure or repair, the same as the case requires.
3 1
51. If the owner or occupier to whom notice is given as powersof
Corporation
last aforesaid fails to comply within the time specified in if noticc not
such notice, or if no time is specified then as speedily as the
nature of the case permits, with the requisitions of such
notice, the Corporation may, with all convenient speed,
cause all or so much of such structure as is so certified to be
in a dangerous condition to be taken down, repaired, or
otherwise secured in such manner as may be requisite; and
all expenses incurred by the Corporation in respect of any
dangerous structure by virtue of this Part shall be paid by
the owner of such structure, but without prejudice to his
right to recover the same from any lessee or other person
Iiable to the expenses of repairs.
52. If such owner cannot be found or is under disability, Powerof
or if on demand he refuses or neglects to pay the aforesaid *, sell for
expenses, the Corporation, after giving three months’ notice :.:p2:,Of
of their intention to do so, by posting a printed or written g i ~ n g
notice in a conspicuous place on the structure in respect of owner.
which or of part of which they have incurred expense, or on
the land whereon it stands, may sell such structure either
with or without the parcel of land on which it stands, and
they shall, after deducting from the proceeds of such sale
the amount of all expenses incurred by them, restore the
surplus (if any) to the owner.
to any owner, if no demand for the same is made by any noproper
person entitled thereto within one month, then the same
shall be paid into the Workers Savings and Loan Bank, to be same.
Corporation
surplus to
53. In cases where any surplus is hereby made payable Application
of surplus if
[The inclusion of this page is authorized by L.N. 480l19731
32
Fees to
Corpora-
tion.
1511957
S. 8 (a).
(b) (c).
Third
Schcdule
Part 11.
Fees for
specjal
SeW-IOCE.
Power to
KlNGSTON AND ST. ANDREW BUlLDlNG
placed to the credit of the owner (describing him so far as
the Corporation can) subject to the control of the Resident
Magistrate’s Court for Kingston, and to be paid out to the
owner on his applying by petition, and proving title thereto.
51. There shall be paid to the Corporation in respect
of the services rendered by the Surveyor (or other surveyor
employed) under this Part, such fees, as may from time to
time be prescribed by regulations made by the Building
Authority :
Provided that until such regulations are made and brought
into operation the fees specified in the Second Part of the
Third Schedule shall have effect.
55. If any special service is required to be performed by
the Surveyor, or by such other surveyor as aforesaid, under
this Part, for which no fee is specified in the Second Part
of the said Third Schedule, the Corporation may order such
fee as they think fit to be paid for such service.
56. In cases where a structure has been certified bv the
remove
persons from
dangerous
StTUdUIeS.
<
Surveyor, or such other surveyor as aforesaid, to be danger-
ous to its inmates, a Justice may, if satisfied of the correct-
ness of such certificate, upon the application of the
Surveyor, by order under his hand, direct any inmates of
such structure to be forthwith removed therefrom by a
constable or other peace officer.
PART N. Patty Structures
57. In the construction of this Part, such one of the
owners of the premises separated by or adjoining to any
party structure as is desirous of executing any work in
respect to such party structure shall be called the building
owner, and the owner of the other premises shall be called
the adjoining owner.
Building
adjoining
defined,
owner and
owner
[The inclusion of this page is authorized by L.N. 480119731
KINGSTON AND ST. ANDREW BUZLDZNG 33
58. The building owner shall have the following rights Righwof
building
owner. in relation to party structures, that is to say-
(a) a right to make good or repair any party struc-
ture that is defective or out of repair;
(b) a right to pull down and rebuild any party struc-
ture that is so far defective or out of repair, or
of such unsuitable or dangerous materials, a5 to
make it necessary or desirable to pull down the
same;
(c) a right to pull down any timber or other partition
that divides any building or premises, and is not
conformable with the regulations of this Act, and
to build instead a party wall or other party struc-
ture conformable thereto;
(d) in the case of buildings having rooms or stories
the property of different owners intermixed, a
right to pull down such of the said rooms or
stories, or any part thereof, as are not built in
conformity with this Act, and to rebuild the same
in conformity with this Act;
(e) a right to raise any party structure permitted by
this Act to be raised, or any external wall built
against such party structure, upon condition of
making good all damage occasioned thereby to the
adjoining premises, or to the internal finishings
and decorations thereof, and of carrying up to the
requisite height all flues and chimney stacks
belonging to the adjoining owner on or against
any such party structure or external wall;
Cf, a right to pull down any party structure that is
not of sufficient strength for any buildings intended
to be built, and to rebuild the same of suffcient
strength for the above purpose, upon condition of
making good all damage occasioned thereby to the
m e inclusion of this page is authorized by L.N. 480/1973]
34 KINGSTON AND ST. ANDREW BUILDING
adjoining premises, or to the internal finishings
and decorations thereof;
(8) a right to cut into any party structure upon con-
dition of making good all damage occasioned to
the adjoining premises by such operation;
(h) a right to cut away any footing, any chimney
breasts, jambs or flues, projecting from any party
wall, in order to erect any external wall against
such party wall, or for any other purpose, upon
condition of making good all damage occasioned
to the adjoining premises by such operation;
(i) a right to cut away or take down such parts of any
wall or building of an adjoining owner as may be
necessary in consequence of such wall or building
overhanging the ground of the building owner, in
order to erect an upright wall against the same,
on condition of making good any damage sustained
by the wall or building by reason of such cutting
away or taking down;
( j ) a right to perform any other necessary works
incident to the connection of any party structure
with the premises adjoining thereto.
Rights of
fkz"
59. Whenever the building owner proposes to exercise
any of the foregoing rights with regard to party structures
the adjoining owner may require the building owner to
build on any such party structure certain chimney-jambs,
breasts or flues, on certain piers or messes, or any other
like works, for the convenience of such adjoining owner;
and it shall be the duty of the building owner to comply
with such requisition in all cases where the execution of the
required works may be conformable to this Act, and will
not be injurious to the building owner, or cause him
unnecessary inconvenience, or unnecessary delay in the
exercise of his right; and any difference that arises between
[The inclusion of this page is authorized by L.N. 480119731
KINGSTON AND ST. ANDREW BUlLDlNG 35
any building owner and adjoining owner in respect of the
execution of such works as aforesaid shall be determined
in the manner in which differences between buiIding owners
and adjoining owners are hereinafter directed to be
determined.
60. The following rules shall be observed with respect R U I ~ S ~ ~ O
to the exercise by building owners and adjoining owners of exercise righe by of
their respective rights- adjoining building and
ownem.
(a) no building owner shall, except with consent of
the adjoining owner, or in cases where any party
structure is dangerous, in which cases the pro-
visions hereby made as to dangerous structures
shall apply, exercise any right hereby given in
respect of any party structure, unless he has given
at least three months’ previous notice to the adjoin-
ing owner by delivering the same to him person-
ally, or by sending it by post in a registered letter
addressed to such owner at his last known place of
abode;
(b) the notice so given shall be in writing or printed,
and shall state the nature of the proposed work
and the time at which such work is proposed to be
commend,
(c) no building owner shall exercise any right hereby
given to him in such manner or at such time as
to cause unnecessary inconvenience to the ad join-
ing owner;
(4 upon the receipt of such notice the adjoining
owner may require the building owner to build,
or may himself build, on any such party structure,
any works to the construction of which he is here-
inbefore mentioned to be entitled;
me inclusion of this page is authorized by L.N. 480/1973]
36 KINGSTON AND ST. ANDREW BUlLDING
(e) any requisition so made by an adjoining owner
shall be in writing or printed, and shall be
delivered personally to the building owner within
one month after the date of the notice being given
by him, or be sent by post in a registered letter
addressed to him at his last known place of
residence. It shall specify the works required by
the adjoining owner for his convenience and shall,
if necessary, be accompanied with explanatory
plans and drawings;
(fl if either owner does not, within fourteen days
after the delivery to him of any notice or requisi-
tion, express his consent thereto, he shall be con-
sidered as having dissented therefrom, and there-
upon a difference shall be deemed to have arisen
between the building owner and adjoining owner;
(g) in all cases not hereby specially provided for,
where a difference arises between a building owner
and adjoining owner in respect of any matter
arising under this Act, unless both parties concur
in the appointment of one surveyor they shall each
appoint a surveyor, and the two surveyors so
appointed shall select a third surveyor, and such
surveyor or three surveyors, or any two of them,
shall settle any matter of dispute between such
building and adjoining owner, with power by his
or their award to determine the right to do, and
the time and manner of doing, any work, and
generally any other matter arising out of or
incidental to such difference; but any time so
appointed for doing any work shall not commence
until after the expiration of such period of three
months as hereinbefore mentioned;
[The inclusion of this page is authorized by L.N. 480/19731
KlNGSTON A N D ST. ANDREW BUILDING
( I r ) any award given by such one surveyor, or by such
three surveyors, or any two of them, shall be
conclusive and shall not be questioned in any
Court, with this exception that either of the
parties to the difference may appeal therefrom to
the Resident Magistrate’s Court for Kingston
within fourteen days from the date of the delivery
of such award as aforesaid, and such Court may,
subject as hereinafter mentioned, rescind or
modify the award so given in such manner as it
thinks just;
W if either party to the difference makes default in
appointing a surveyor for ten days after notice
has been given to him by the other party in man-
ner aforesaid to make such appointment, the party
giving the notice may make the appointment in
the place of the party so making default;
( j ) the costs incurred in obtaining any such award
as aforesaid shall be paid by such party as such
surveyor or three surveyors, or any two of them,
may determine. Surveyors in this section shall
include master builders.
37
61. Whenever any building owner has become entitled, Rightof
in pursuance of this Act, to execute any work, it shall be omato
lawful for him, his servants, agents or workmen, at all usual p z k for
times of working, to enter on any premises for the purpose ;o$!~
of executing and to execute such work, removing any
furniture, or doing any other thing that may be necessary,
and if such premises are closed, he or they may, accompanied
by a constable or other officer of the peace, break open any
doors in order to make such entry, and any owner or other
person that hinders or obstructs any workmen employed for
any of the purposes aforesaid, or wilfully damages or
injures the said work, shall incur for every such offence a
penalty not exceeding four thousand dollars.
building
391 1995
s. 3.
~~ - ~~ -.
lThc inclusion of this pese is aubrized by L.N. 95/ 19971
38 KINGSTON AND ST. ANDREW BUILDING
scuntyta
building
Ownerif
required.
62. Any ~djoiuing owner may, if he thinks fit, by notice
in writing given by himself or his agent, require the build-
ing owner, before commencing any work which he may be
authorized by this Act to execute, to give such security as
may be agreed upon, or in case of difference as may be
settled by the Resident Magistrate for Kingston, for the
payment of all such costs and compensation in respect of
such work as may be payable by such building owner.
bc gmcn by
~ u l - a i t p
expenses in
rerpen of
f : ’ f~~.
63. The following rules shall be observed as to expenses
As to expenses to be borne jointly by the building owner
(U) if any party structure is defective or out of repair,
the expense of making good or repairing the same
shall be borne by the building owner and adjoining
owner in due proportion, regard being had to the
use that each owner makes of such structure;
( b ) if any party structure is pulled down and rebuilt
by reason of its being so far defective or out of
repair as to make it necessary or desirable to pull
down the same, the expense of pulling down and
rebuilding shall be borne by the building owner
and adjoining owner in due proportion, regard
being had to the use that each owner makes of such
structure;
(c) if any timber or other partition dividing any build-
ing or premises is pulled down in exercise of the
right hereinbefore vested in a building owner, and
a party structure is built instead thereof, the
expense of building such party structure, and also
of building any additional party structures that
may be required by reason of such partition
having been pulled down, shall be borne by the
building owner and adjoining owner in due
in respect of any party structure, that is to say-
and adjoining owner-
__ __-__ me ;adusion of th is page is nutbrizcd by L.N. 95 /1 !W
K~NGSTON AND sr. ANDREW BUZLDING 39
proportion, regard being had to the use that each
owner makes of such party structure, and to the
thickness rendered necessary to such party struc-
ture by the respective buildings parted thereby;
(d) if any rooms or stories, or any part of rooms or
stories, the property of different owners and in-
termixed in any building, are pulled down in pur-
suance of the right hereinbefore vested in any
building owner, and rebuilt in conformity with this
Act, the expense of such pulling down and re-
building shall be borne by the building owner and
adjoining owner in due proportion, regard being
had to the use that each owner makes of such
rooms or stories.
As to expenses to be borne by building owner-
(e) if any party structure or external wall built against
the same is raised in pursuance of the power
vested in any building owner, the expense of
raising the same, and making good all such
damage, and of carrying up to the requisite height
all such flues and chimneys, as are hereinbefore
required to be made good and carried up, shall be
borne by the budding owner;
(f) if any party structure which is of proper materials
and sound, and not so far defective or out of repair
as to make it necessary or desirable to pull down
the same, is pulled down and rebuilt by the build-
ing owner, the expense of pulling down and
rebuilding the same, and of making good all such
damage as is hereinbefore required to be made
good, shall be borne by the building owner;
(g) if any party structure is cut into by the building
owner, the expense of cutting into the same, and
of making good any damage hereinbefore required
-
[mc inclusion of this page is aulhorized by L.N. 480/1973]
40 KINGSTON A N D ST. ANDREW BUILDING
to be made good shaII be borne by such building
owner;
(h) if any footing, chimney breast, jambs or floor, is
cut away in pursuance of the powers hereinbefore
vested in any building owner, the expense of such
cutting away, and of making good any damage
hereinbefore required to be made good, shall be
borne by the building owner.
A C C O U ~ O ~ 64. Within one month after the completion of any work
which any building owner is by this Act authorized or
owner toadjoining required to execute, and the expense of which is in whole
within one or in part to be borne by an adjoining owner, such building
owner shall deliver to the adjoining owner an account in
writing of the expense of the work, specifying any deduc-
tion to which such adjoining owner or other person may
be entitled in respect of old materials, or in other respects;
and every such work as aforesaid shall be estimated and
valued at fair average rates and prices according to the
nature of the work and the locality and the market price
of materials and labour at the time.
expenses to
month.
Differenceas
howto be
lndicated
65. At any time within one month after the delivery of
such account the adjoining owner, if dissatisfied therewith,
may declare his dissatisfaction to the party delivering the
same, by notice in writing given by himself or his agent,
and specifying his objecfions thereto; and upon such notice
having been given a difference shall be deemed to have arisen
between the parties, and such difference shall be determined
in manner hereinbefore provided for the determination of
differences between the building and adjoining owners.
to expenses,
and settled.
A C C C ~ ~ ~ ~ ~
and pay-
ment
66. If within such period of one month as aforesaid the
party receiving such account does not declare in manner ds
aforesaid his dissatisfaction therewith, he shall be deemed
to have accepted the same, and shall pay the same on
of account
m e inclusion of this page is authorized by L.N. 480119731
41 KINGSTON AND ST. ANDREW BUILDING
demand to the party delivering the account, and if he fails
to do so the amount so due may be movered as a debt.
the expenses of building any party structure, until such :zzTe
contribution is paid the building owner at whose expense
the same was built shall stand possessed of the sole property =pens-.
in such structure.
68. Where any building owner has incurred any expenses boto
67. Where the adjoining owner is liabIe to contribute to Possession
until pay-
ment of
on the requisition of an adjoining owner, the adjoining expenses .
mcurred on
owner making such requisition shall be liable for all such
expenses, and in default of payment the same may be owner.
recovered from him as a debt.
69. Where any building owner is by this Part liable to P ~ ~ I ~ ~ ~
make good any damage he may occasion to the property ~ ~ ~ ~ i f i n g
of the adjoining owner by any works authorized to be
executed by him, or to do any other thing upon condition rubisct to
of doing which his right to execute such works is hereby
limited to arise, and such building owner fails within a F:zmixs,
reasonable time to make good such damage, or to do such
thing, he shall incur a penalty not exoeeding one thousand WIBS
which his
dollars for each day during which such failure continues.
PART V. Misedlaneous Provisions
s 3.
70. Where it is hereby declared that expenses are to be Rulcsa~ to
payment of borne by the owner of any premises (including in the term capmassby
“owner” the adjoining and building owner respectively
as defined in section 57) the following rules shall be
observed with respect to the payment of such expenses-
(a) the owner immediately entitled in possession to
such premises, or the occupier thereof, shalI in
the first instance pay such expenses, with this
limitation, that no occupier shall be liable to pay
any sum exceeding in amount the rent due, or that
incl& oibbia pay~c is auUmrized by L.N. 95/1%71
42 KINGSTON A N D ST. ANDRfiW BUILDING
will thereafter accrue due, from him in respect of
such premises during the period of his occupancy;
( b ) if there are more owners than one each owner shall
be liable severally, but as between themselves every
owner shall be liable to contribute to such expenses
in proportion to his interest;
(c) if any difference arises as to the amount of con-
tribution, such dserence shall be decided by the
Resident Magistrate for Kingston;
( d ) if some of the owners liable to contribution can-
not be found, the deficiency so arising shall be
divided amongst the parties that can be found;
(e) any occupier of premises who has paid any ex-
penses under this Act may deduct the amount so
paid from any rent payable by him to any owner
of the same premises; and any owner of premises
who has paid more than his due proportion of any
expenses may deduct the amount so overpaid from
any rent that may be payable by him to any other
owner of the same premises;
(f) if default is made by the owner or occupier in pay-
ment of any expenses hereby made payable by him
in the first instance, or if default is made by any
owner in payment of any other expenses or moneys
due from him by way of contribution or otherwise
in pursuance of this Act, then such expenses and
moneys may be recovered as a debt, in due course
of law.
~ : , , ! ~ ~ ~ ~ t ~ 71. The following rules shall be observed with respect
to the giving or service of any notice, summons or ordcr,
~ 1 m o n 5 e s directed to be given or served under this Act, in cases not
hereinbefore provided for-
(U) a notice, summons or order, may in all cases be
served personally;
service of
notrces,
and orders.
_ _ _ _ ~ --
~inclusiortof~pgeisauU10ri lad byLN.95119971
KINGSTON A N D ST. ANDREW BUILDING 43
( h ) a notice, summons or order, may be served on any
builder by leaving the same or sending it in a
registered letter, addressed to him at his place of
address, as stated by him to the Surveyor, or by
putting up such notice, summons or order, on a
conspicuous part of the building or premises to
which the same relates;
(c) a notice, summons or order, may be served on the
owner or occupier of any premises by leaving the
same with the occupier of such premises, or with
some inmate of his abode, or if there is no occupier
by putting up such notice, summons or order, on
a conspicuous part of the building or premises to
which the same relates; and it shall not be neces-
sary to name the owner or occupier of such
premises : nevertheless when the owner of any such
premises and his residence, or that of his agent,
are known to the party by whom or on whose
behalf any notice, summons or order is intended to
be served, it shall be the duty of such party to send
every such notice, summons or order, by post in a
registered letter addressed to the residence or last
known residence of such owner or his agent;
(d) a notice, summons or order, may be served on the
Surveyor, or any District or assistant Surveyor
appointed under this Act, by leaving the same at
the office of the Surveyor.
72. For the purpose of complying with the requirements Power to
of any notice or order served or made under the provisions enter in
order to
comply Wilh
orders.
of this Act on any owner, builder or person, in respect of
any house, building or other erection, room or place, such notifesor
owner, builder or person, his servants, workmen and agents,
may, after giving seven days’ notice in writing to the
occupier of such house, building or other erection, room
or place, and on production of such notice or order, enter
~ i a d u s i o n c d t h i s ~ i s authorid byL.N. 9S11993
44 KINGSTON AND ST. ANDREW BUILDING
such house or building, or other erection, room or place, and
do all such works, matters and things, therein or thereto,
or in connection therewith, as may be necessary; and if any
person refuses to admit such owner, builder or person, or
his servants, workmen or agents, or to afford them a11 reason-
able assistance, such person shall incur for each offence a
penalty not exceeding four thousand dollars.
P~nalWon
obstruction.
39ji995 s. 3.
Service of 73. Where in pursuance of this Act any consent is
onpersons required to be given, any notice to be served, or any other
disability. thing to be done, by, on or to, any owner under disability,
such consent may be given, such notice may be served, and
such thing may be done by, on or to, the following persons
on behalf of such persons under disability, that is to say-
nodm, ac. .
under
by, on, or to, a husband on behalf of his wife;
by, on, or to, a trustee on behalf of his cestui que trust;
by, on, or to, a father, guardian or committee, on behalf
of an infant, idiot or lunatic.
POWCr Resident to 74. Where any consent is required to be given, or any
M w l r a t e other thing to be done, by any owner in pursuance of this
togive Act, if there is no owner capable of giving such consent
dispense or of doing such thing, and no person empowered by this
Act to give such consent or to do such thing on behalf of
= ~ ~ Q W - S such owner, or if any owner so capable or person so
empowered cannot be found, the Resident Magistrate for
Kingston shall have power to give such consent, or to do
or cause to be done such thing on behalf of such owner,
upon such terms and subject to such conditions as he m2y
think fit, having regard alike to the nature and purpose of
the subject matter in respect of which such consent is to be
given, and to the fair claims of the parties on whose behalf
such consent is to be given, and such Judge shall have power
to dispense with the service of any notice which would other-
wise be required to be served.
for Klngnton
consent and
___-
~ i n c l u s k m n f t h i s ~ ia auimrizod by L.N. 9S/ 19971
KINGSTON A N D ST. ANDREW BUILDING 45
75. Nothing herein contained shall vary or affect any Rightsof
landlords
not affected.
rights or Iiabilities as between landlord and tenant under and
any contract between them.
76. In cases where any building has been erected or work ~ ; ~ ~ ; ~
done without due notice being given to the Surveyor, the toworks
Surveyor may, at any time within one month after he has tohavebeen
enter the premises for the purpose of seeing that the regula- due notirr.
tions of this Act have been complied with; and the time
during which the Surveyor may take any proceeding, or do
anything authorized or required by this Act to be done by
him in respect of such building or work, shall begin to run
from the date of his discovering that such building has been
erected or work done.
diswrered
discovered that such building has been erected or work done, MLhoOt done
77.-(1) The Corporation may from time to time make, swFm
alter or revoke, regulations not inconsistent with the pro- wdatiom.
visions of this Act, in relation to all or any of the matters ?{lB5
following, that is to say-
(a) the prohibition or regulation of the erection of
piazzas, rooms, verandahs, or other structures in-
tended to project over any part of any roadway;
(b) the entrance,, doors, stairways, external steps, and
means of access to and exit from public buildings,
already built or hereafter to be built, and the pro-
tection of persons frequenting same.
(2) Such regulations may specify a maximum penalty
for the contraventions thereof respectively not exceeding ten
thousand dollars, or six months imprisonment with or with-
out hard labour for each offence.
(3) With regard to continuing contraventions, each
contravention on each day after notice has been served in
writing from the Surveyor requiring compliance with the
regulation shall be deemed to be a fresh offence.
46 KINGSTON AND ST. ANDREW BUILDING
(4) Such regulations shall be subject to the provisions
of section 223 of the Kingston and St. Andrew Corporation
Act.
77A. [Repealed by Act 28 of 1991.1
krtoaaiom 75. In every action or plaint to be brought against the
Surveyor Surveyor, or any District Surveyor, or any deputy or other
andcErlain person appointed to assist or act for the Surveyor, or against
:nfarryw any workman, employee or servant, of any such officer or
intoefie& person, for any act or thing done by him in the execution
of his office, or in or about the carrying into effect of this
Act, it shall be expressly alleged that such act or thhg was
done maliciously and without any reasonable or probable
cause, and if at the trial of any such action or plaint the
plaintiff shall fail to prove such allegation he shall be non-
suited, or a verdict shall be given or judgment entered for
the defendant; and if it shall appear that such act or thing
was done under or by virtue of or in carrying out any order
or resolution of the Corporation under this Act, or in any
action or plaint against any such workman, employee or
servant, as aforesaid, if it shall appear that such Act or thing
was done under or by virtue of or in carrying out any order
of the Surveyor or of any person acting as deputy or in aid
of the Surveyor duly appointed under this Act, then and in
either of such cases the verdict shall be given or judgment
entered for the defendant.
against
oihers acllng
ha Act
2811991
S. 13.
powenol
Cowlfor
79. In cases where jurisdiction is hereby given to the
Resident Magistrate’s Court for Kingston such Court may
from time to time make such order in respect of matters
so brought before it as it may think fit, with power to settle
the time and manner of executing any work, or of doing
any other thing, and to put the parties to the case upon such
Kmgston
- _ _ ~ -~~ __ - - - - .
p%eiaduslonof thisplptisauthuriredbyL.N 9511997)
KINGSTON AND ST. ANDREW BUILDING 47
terms as respects the execution of the work as it thinks fit;
it shnIl also have power to award or refuse costs xcording
to circumstances, and to settle the amount thereof.
80. Proceedings in the Resident Magistrate’s Court for Proceedings
Kingston in respect of any matter arising under this Act eoforcemsni
shall be conducted in the same manner as proceedings are cpof
conducted in any case within the ordinary jurisdiction of
such Court, or as near thereto as circumstances permit; and
orders made by the Resident Magistrate of such Court may
be enforced by execution, committal or otherwise, in a
manner similar to that in which the orders of such Court
are ordinarily enforced.
in and
81. If either party in any case over which jurisdiction Amcals
is hereby given to the Resident Magistrate’s Court for Resident
Kingston feels aggrieved with the decision of such Court Egg:’‘
in respect of any point of law, or the admission or rejection -8s-n.
of any evidence, he may appeal therefrom in the same man-
ner and upon the same terms in and upon which he might
have appealed from the decision of such Court in any case
within the ordinary jurisdiction of such Court, or as near
thereto as circumstances permit; but no such appeal shall
be allowed unless the value of the matter of difference
between the parties exceeds ten thousand dollars, and the 2,9;*1995
opinion of the Judge before whom the case is tried as to
such value shall be conclusive.
from the
82. A11 penalties imposed by this Act or by any reguIa- Raavcryof
tion made in pursuance of the same, together with the costs padtiw.
of any proceedings in respect thereof shall be recovered
in a summary manner; and in default of payment thereof,
i t shall be lawful for the Court to direct the offender to be
imprisoned, with or without hard labour, for a term not
exceeding six caIendar months, unless any such penalties
and costs be sooner paid. Proceedings and prosecutions
l”hc inclrrstw d&isp%geis aut4wdx.3 byL.N. 951199n
48 KINGSTON AND ST. ANDREW BUILDING
for the recovery of any of such penalties may be commenced
within six calendar months from the time when the offence
in respect of which the penalty was incurred shall first come
to the knowledge of the Building Authority.
R-vwO~
fecs. Eosm
M d
CXpmscs.
83. All fees, costs and expenses, in addition to any other
remedy by this Act provided, may be sued for and recovered
in the Resident Magistrate’s Court for Kingston as a debt
payable to the person or persons entitled to such fees, costs
or expenses respectively.
proeecdi~ by Surveyor 84. [Spent.I
and other
pmoos for
rrcoveIy of
KINGSTON AND ST. ANDREW EUlLLVNC 49
FIRST SCHEDULE Firat
SChadUh
Sectiona
4 (2).
S, 20 and 25.
RECULATIONS
PART l.-GeneraZ Part I.
1. No person shall erect any building or structure. or construct any
foundation of any building or structure, upon any site which shall have
been filled up with any material impregnated with foul matter. or is
impregnated with any animal or vegetable matter. or upon which any
such matter may have W n deposited. unless and until such matter shall
have been properly removed by excavation from such site, nor until a11
holes caused by such excavation shall have been filled up with hard
brick, dry inorganic material, concrete, or other suitable material, to
be approved of by the Surveyor.
2. Every person who shall be desirous of erecting any building on
any land so situated that the surface thereof cannot be. made to drain
by gravity into an existing public surface drain of the Kingston and
St. Andrew Corporation, shall f i rst make to the Building Authority,
and deliver to the Clerk of the Building Authority, a written applica-
tion, accompanied by a lan and section of the lowest floor of such
than two feet to one inch, and by a block plan to a scale, not smaller
than twenty feet to one inch, showing the position of such building or
buildings. the position and course of the drainage system proposed to
be adopted for the disposal of sewage and rain water, and its connec-
tion (if any) with public sewers or drains, the diameter and inclination
of the drain pipes. and the level above the surface of the ground at
which it is proposed to construct the lowest Boors of the building; and
shall obtain permission in writing from the Building Authority to
construct such drainage system according to the said plans and sec-
tions, with such additions, omissions, or modifications (if any) as the
Building Authority shall prescribe. and such person shall construct
the same in accordance with the conditions of such permission. and
not otherwise.
3. No person shall place the underside of the lowest floor of any
building at a less height than two feet above the surface of the under-
lying ground, unless he shall cause the whole of such surface, which
is enclosed by the walls. to be wvered with an impervious and solid
coating of durable material, laid upon an even and firm bed of broken
brick or stone.
4. No person shall plaoe the underside of the Iowest floor of any
building or structure, at such a level as will render it liable to flooding.
or wnstruct any building so that it cannot be efficiently and properly
drainad to the satisfaction of the Surveyor.
building or buildings, an 1 the curtilage thereof. to a scale not smaUer
5. Every building shall be enclosed with walls mmtn~cW-
me inclusion of this page is authorized by L.N. 480/1973]
50 KINGSTON A N D ST. ANDREW BUILDING
(a) of brick, stone, or cement concrete, or
(bl of steel frame-work or reinforced concrete frame-work every
member of which must be securely, rigidly and durably
connected with every contiguous member; the panels between
the said frame being aled in with brick, stone, reinforced
wncrete or hollow concrete block efficiently secured thereto, or
(c) of reinforced concrete, or
(d) of timber frame-work, every member of which must be
securely, rigidly and durably connected with every contiguous
member, the frame-work being filled in with panelling of brick-
work. or concrete, or other fire-resisting material, efficiently
secured thereto. and the timber being protected so as to be
fire-resisting, or
(e) in any of the materials or methods of construction above
described in paragraph (a), (b). or (c) for the lower stony or
storeys with upper storey or storeys of any of the said materials
or methods of construction, or of the construction above
described in paragraph (d) , or
(f) in the case of domestic buildings outside the business area
having a cubical content of not more than 125.000 cubic feet.
or not within 50 feet of any other building, or of the land of
any adjoining owner,
(i) of timber frame-work. framed as above descrihed.
covered externally with wood, or
(ii) in any of the materials or methods of construction
described above in paragraph (a), (b), (c). (4. or (e) for
the lower storey or storeys, with upper storey or storeys
of timber frame-work of either of the above descriptions.
&) in the case of one-storey buildings having walls not exceeding
15 feet in height of hollow concrete blocks.
G.N. (h) of aluminium framing with panels between-designed and
lW/ 1961. constructed in every respect in accordance with the provisions
of these regulations.
6. For the purpose of determining the thickness of a wall, the height
of such wall should be measured immediately in front of the face of
the centre of the wall. from the level of the ground before excavation.
to the level of the top of the parapet; or. where there is no parapet.
to the level of the top of the wall; or, in the case of a gable, to half the
height of the gable.
L.N.
6S/1957.
or
The height of each storey shall be measured as follows-
(a) The height of a topmost storey shall be measured from the
level of the underside of its floor joists, up to the level of the
undersurface of the tie beam or tie plate of the roof or other
covering, or if there is no such tie, then up to the level of half
the vertical height of the rafters or other support of the roof.
me inclusion of this pagc ir authorized by L.N. 480/1973]
KINGSTON AND ST. ANDREW BUILDING 51
(b) The height of every storey, other than the topmost storey
shall be measured from the level of the underside of the floor
joists of the storey, up 10 the level of the underside of the
floor joists of the storey next above it
A mansard roof shall not be considered to form a storey to a building.
7. The dead loads of all buildings other than buildings constructed
of reinforced concrete shall consist of the actual weight of walls, floors,
roofs, partitions and all permanent construction, except that in wooden
frame buildings, there shall be added to the actual weight of the external
walls, a dead load of thirty-five pounds per superficial foot.
The live loads shall consist of all loads, other than dead loads.
The live load on floors shall be computed as follows-
In dwelling-houses, hotels, hospitals, Iodging-houses and similar
buildings, not less than seventy pounds per superficial foot.
For places of public assembly, workshops, retail shops and
similar building. not less than one h u n d d pounds per superficial
foot.
For buildings of the warehouse class, not less than two hundred
pounds per superficial foot
The live load on the roof shall be computed as thirty pounds
per superficial foot, measured on the surface of such roof.
In ascertaining the extrzme load of a building more than two
storeys in height, the dead load shall be computed in full. In
the roof and top storey the live load shall also be computed in
full. In the next succeeding lower storey, a reduction may be
made of five per cent from the live load thereof. In t h e next lower
storey. a reduction may be made. of ten per cent from the live load
thereof. And for each succeeding lower storey, a reduction of five
per cent more than for the storey above. Provided, that the total
reduction for any storey. shall not amount to more than tifty per
cent of its total live load.
8. AU parts of a building shall be constructed to take the load on
such parts either actual, or herein presumed, with a factor of safety.
at least as great, as follows-
In iron or steel work .,. ... ... Four
In brickwork, masonry, or concrete ... Five
In timber ... ... ... ... S U
The safe pressure upon any member in compression, constructed of
iron or steel. the unsupported length of which exceeds ten times its
smallest lateral width, shall be computed at a rate not higher than
those given in the following table-
lThe hclusion of th is page is authorizd by L.N. 480/1973]
52 KINGSTON AND ST. ANDREW BUILDING
Length divided by Safe pressure for Safe pressure for
smallest lateral steel tons per iron tons per
width square inch square inch
10 5.10 3.90
15 4.83 3.12
20 4.45 3.41
25 4.02 3.17
30 3.46 2.82
35 2.96 2.48
40 2.51 2.11
__ ~ -
When a pillar is built to the extent of its whole perimeter into a wall,
the lateral width of it in the direction of the thickness of the wall, shall
bc taken for the purposes of the above table.
9. In order to prevent outward thrust on the walls or wall plates.
under pressure or vertical movement, all roofs with rafters shall be
tied with the beams, tie plates, or collar beams, the number of which
shall depend on the span of the roof ,as under-
When the roof is under 10 feet span, the number shall be not less
than one to every third pair of rafters.
When the roof is over 10 feet and not over 15 feet span, the number
shall he not less than one to every second pair of rafters.
When the roof is over 15 feet and not over 20 feet span, the number
shall he not less than one to every pair of rafters.
The underside of any collar beam shall be in no case higher above
the wall plate. than half the vertical height from the wall plate to the
ridge.
All roofs over 20 feet span, shall be trussed, of a design approved
by the Surveyor, and shall have tie beams into which the rafters shall be
framed. unless the Surveyor shall in any case approve of a truss. in
which the tie beam may be omitted.
10. With a view to securing buildings as much as possible against
the lifting effects of wind pressure, every building and the component
parts of such building, shall be tied together by ties acting effectively
in a vertical direction; that is to say, all parts of the roof or roofs shall
be securely nailed, screwed. spiked, or bolted together as the case may
require; the roof or roofs shall he effectively held down to the walls.
columns, or posts; the walls shall, if of frame work he continuously
tied vertically from the uppermost wall plates to the sills, and the sills
columns and posts shall be anchored down to the foundations. The
system of tying adopted, and all ties, shall be of a design approved of
by the Surveyor.
[The inclusion of this page is authorized by L.N. 480119731
KlNGSTON A N D ST. ANDREW BUILDiNG 53
11. With a view to securing buildings as much as possible against
the racking effects of earthquakes, duc to severe horizontal vibrations
and oscillations attending them. the horizontal strength and stiffness
of the lloors and roofs and the vertical strength and stiffness of the
partitions or cross walls is to be brought in assistance of the walls,
the latter, if outer walls, being tied to the joists, beams, or slabs of the
floors, and to the framing or the body of the partitions, and, in case of
there being cross walls in any building, the floors and the partitions on
either side of such cross walls. being effectively tied through such cross
walls to each other, thus in the first case holding the outer walls against
overthrow in position against the edge of the floors and partitions, and
in the second c.ase holding the cross walls in position between the
opposite floors abutting on them, and creating through horizontal ties
between the outer walls. The tops of the walls shall be similarly
secured by being held in position by holdingdown bolts or other ties,
connecting the roof system to them. The system of tying adopted and
all ties, shall be of a design approved of by the Sumeyor.
12. Every wall, pier, column or buttress shall be built on a founda-
tion of lime or cement concrete, of such extreme width as the Surveyor
may require; provided, that that width shall in every case be such that
the super-imposed load on the soil, shall not exceed one and a half
tons per superficial foot When such load will exczed three-quarters of
a ton per superficial foot the foundation shall consist of cement concrete.
No h e concrete shall be used in any foundation below the level to
which water rises naturally in the foundation pit.
The underside of the concrete foundation shall be laid at a depth
below the underside of the super-imposed wall, of not less than two-
thirds of the thickness of such wall at the base thereof. nor in any case
less than nine inches deep.
The width of the foundation shall be reduced from below upwards,
by even steps or batter, in either case at an inclination with the hori-
zontal, not flatter than two and a quarter inches vertical, to three inches
horizontal, to a width not less than that of the imposed wall.
All foundations shall be built to the satisfaction of the Surveyor,
who shall have power to require that piling. or such other work as he
may direct, shall be executed before the concrete foundation is com-
menced.
Compliance with this regulation may be dispensed with by the
Surveyor. in the case of old foundations; provided, that in no case
shall the super-imposed load on the foundation exceed one and one-
half tons per superficial foot
13. The under-pinning of walls, and chimneys shall be built with
c.ement concrete to the full thickness of the old wall or work, and with
proper footings. or to an additional thickness, if the increased height
[The inclusion of this page is authoriEd by L.N. 480/1973]
54 KINGSTON AND ST. ANDREW BUILDING
of the wall so requires, and shall be executed to the satisfaction of the
Surveyor.
14. All sand used in mortar, concrete or plaster, shall be of a descrip-
tion approved of by the Surveyor, and only fresh water shall be used
in mixing mortar. concrete, or plaster. Sea sand may be used, if washed
free of salt.
Every brick or stone used in the construction of a wall or panel of
brick or stone nogging shall, previous to being laid, be thoroughly
soaked (not wetted only) in fresh water and be laid soaking wet.
All concrete shall be mixed on an artificial platform, not on the earth,
and in a method satisfactory to the Surveyor.
The size of the broken stone or brick used for making concrete shall
depend on the thickness of the wall or other construotion in which the
concrete is to be used, and shall be as follows-
In walls or construction (other than pavements)-
From 6 inches to 8 inches thick, of a size which will pass through
a ring 1& inch internal dia-
meter.
From 8 ’’ 12 ” of a size which will pass through
a ring 1) inch internal dia-
meter.
Over 12 inches thick, of a size which will pass through a ring
2 inches internal diameter.
15. Every person who shall erect a new building. shall cause every
brick or stone wall of such building, the height of which is intended
to be more than four feet out of the ground, to have a proper damp
course of asphalt three-eighths of an inoh deep, or of cement mortar
(composed of one part of Portland cement to two parts of sand) three-
eights of an inch deep, throughout the whole thickness of the wall
beneath the level of the lowest timbers, and at a height of twelve inches
above the surface of the ground adjoining such wall. Such surface to
be the surface when the building is completed.
16. A wall shall not be thickened, except after notice served on the
Surveyor of the intention to thicken, and the thickening shall be
executed with cement concrete, or brick or stone work in Cement mortar,
properly bonded to the old work, to the satisfaction of the Surveyor.
17. When a partition acts or is intended to act as a trussed girder
carrying any floor, roof, or other load, no person shall halve, cut into,
or in any way injure any member of the truss whatever.
m e inclusion of his page is authorized by L.N. 480/1973]
KINGSrON A N D S7. AiVDREW BUILDING 55
18. Recesses and openings may be made in external walls
provided-
(a) That the backs of such recesses are of not less thickness than
eight and a half inches.
(b) That the area of such recesses and openings in any wall above
the ground storey do not, taken together, exceed one-half of
the whole area of the wall in which hey are made.
(c) In the case of shop fronts. openings may be made in external
walls, to a greater extent than onc-half of the whole area of
the wall, but in every such case these shall be construcled to
the satisfaction of the Surveyor, so that
(1) Sufficient piers of brickwork or other sufficient supports
of fire-resisting material, shall be so disposed as to carry
the superstructure; and
(2) A sufficient pier or piers, or other sufficient supports of
that description, are erected at the corners or angles of
any street on which the building abuts:
(3) Such a pier or other support is erected in each wall
within three feet of the corner or angle 01 the street.
19. Recesses may be made in party walls pmvided-
(a) That the backs of such recesses are not of less thickness than
that of the walls in which such recesses arc made: and
(6) That over evely recess so formed, a straight lintel of reinforced
concrete, or rolled joist, effectively protected from fire by
eartbenware, or an arch of at least two rings of brickwork
of the full depth of the recess, are turned on every storey,
except in case of recesses formed for lifts. but where such
raess does not exceed five inches in depth, corbelling in brick
or stone may be substituted for the arching; and
(c) That the areas of such recesses do not. taken together, exceed
one-half of the whole area of the wall of the storey in which
they are made; and
(d) That such recesses do not eome within thirteen and a half
inches of the inner face of the extemal walls.
An opening shall not be made in any party wall. except in accord-
ance with the provisions of this Act in relation thereto: Provided,
that it shall be lawful for the Building Authority. by resolution of which 2 8 / 1 ~ 1
six days’ notice shall have been given, to give consent to any modifica- S. 14.
tion or relaxation of the requirenients of the section with respect to the
area of openings, in any special cases where they may think proper.
The word “ a m ” as used in this regulation shall mean the a m of the
vertical face or elevation of the wall or recess to which it refers.
[The ioclusioa of this page is authorid by L.N. 42/ 19351
56 KINGSTON AND S T . ANDREW BUlLDlNG
20. (1) Every bressumer, whether of wood, reinforced concrete, or
metal, shall have a bearing at each end in the direction of
its length, at least to the extent in inches, of three-fourths of
its clear span in feet, upon a sufiicient pier of brick or stune
or upon a timber, reinforced concrete. or iron storey post.
fixed on a solid foundation, in addition tu its bearing upon
any party wall or external wall; and the Surveyor shall have
power, in his discretion, to q u i r e that every bressumer shall
have such other storey posts, columns, stanchions, or piers of
brick or stone or corbels, as may be sufficient to carry the
superstructure: and the ends of such bressumer, if of wood.
shall not be placed nearer to the centre line of the party
walls, than four and a ha@ inches: provided, that no bres-
sumer shall have a less bearing than four inches, nor be
required fo have a greater bearing than fifteen inches.
(2) At each eod OF every metallic bressumer. a space shall be
left equal to one-eighth of an inch for every ten fcet, and
also for every fraciimal part of ten feet of the length of such
bressumer. to allow for expansion.
(3) No bond-limber or wood-plate shall be built into any party
wall.
(4) Every bressumer bearing upon a party wall. shall be borne
by a template or corbel of stone, concrete. or iron, tailed
throughout at least half the thickness of the wall, and of
the full breadth of the bressumer.
( 5 ) The end of a n y timber, not pernlitted to be placed in or to
have a bearing on a party wall, may be carried on a corbel
or template of stone, concrete, or iron, or vitrified stone-
ware, tailed into wall to a distance of at least eight and a half
inches, or othenvise supported to the satisfaction of the
Surveyor.
?I. If any gutter, any part of which is not formed of fire-resisting
materials. adjoin an external wall, such wall shall be carried up in fire-
resisting material, so as 10 form a parapet, fifteen inches at least above
the highest part of the gutter. and the thickness of the parapet so carried
up, shall be at least eight and a half inches throughout.
22. Every party wall shall be cam& up in fire-resisting materid,
to form a parapet of a thickness of at least eight and a half inches above
the roof flat or gutter of the highest building adjoioing thereto, to such
a hei&t as will give a distance of fifteen inches, measured at right angles
to the slope of the ruof.
23. No chase shall be made in a party wall.
me inclusion of this page is authorized by L.N. 42! 19951
KINGSTON A N D ST. ANDREW BUILDING 57
24. ( I ) The flat gutter and roof of every building. and every turret,
dormer, lantern-light. skyligbt, or other erection placed on
the Rat or roof thereof, shall be externally covered with slates,
tiles, metal, or other fire-resisting material, except wooden (See sub-
cornices and barge boards not exceeding twelve inches in section(2)
depth, and the doors, door-frames, windows and window-
frames of such dormers, turrets, lantern-lights. skylights, or
other erections.
(2) Every building exceeding thirty feet in height used wholly
or in part as a dwellimg-house or factory, and having a para-
pet shall be provided either-
(U) with a dormer window or a door opening on to the
roof, or
(b) with a trap door furnished with a fixed or hinged step
ladder leading to the roof.
(3) The plane of the surface of the roof of a building of the ware-
house class, shall not incline from the external or Dam walls
upwards, at a greater angle than thirty-five degrees with the
horizon.
The plane of the surface of the roof of any other building,
shall not incline from the external or party walls upwards,
a t a greater angle than Bty degrees with the horizon:
Provided, that this and the previous subsection shall not
apply to mansard roofs, towers, turrets, or spires.
A lintel of reinforced concrete, iron, or steel of sufficient
strength shall be built over the opening of every chimney
to support the breast thereof.
The jambs of every fireplace opening, shall be at least eight
and a half inches wide, w each side of the opening thereof.
The breast of every chimney and the brickwork or concrete
surrounding every-smoke flue, shall be at least four inches
in thickness.
Every chimney shaft or smoke Eue shall be carried up in
fire-resisting material, to a height of not less than five feet
above the roof-flat or gutter adjoining thereto. measured at
the highest point in the line of junction with such roof-flat.
or gutter, OF one foot above the ridge of the roof, whichever
shall be higher.
I The brick or Cement concrete work of any chimneyshaft,
except that of the furnace of any steam engine, foundry,
brewery, distillery, or manufactory, shall not be built higher
above the roof-flat or gutter adjoining thereto, than to a
height equal to six times the least width of such chimney
[The inclusion of this page is authorized by L.N. 480/1973]
5 8 KINGSTON AND ST. ANDREW BUILDING
shaft, at the level of the highest point in the line of junction,
unless such chimney shaft is built with and bonded to
another shaft, not in the same line with the first, or otherwise
rendered secure.
(6) The chimney breast or shaft built with or in any p a m wall.
shall not be cut away, unless the Surveyor certifies that it
can be done without injuriously affecting the stability of any
building.
(7) A chimney shaft, jamb, breast, or flue, shall not be cut into
except for the purpose of repair, or doing some one or more
of the. following thing+
(Q) Letting in or renewing or altering flues, pipes, or fun-
nels for the conveyance of smoke, hot-air, or steam.
(6) Forming openings for soot doors. such openhgs to be
fitted wiQ a close iron door and frame.
(a) In any wall or chimney breast nearer than twelve
inches from the inside of any flue or chimney opening.
(bj Within two inches from the face of the brickwork or
cement concrete work, about any chimney or flue.
where the substance of such brickwork or cement con-
crete work is less than four inches thick, unless the
face of such brickwork or cement concrete work is
rendered.
(9) Wooden plugs shall not be driven nearer than four inches
to the inside of any flue or chimney opening, nor any iron
hold-fast or other iron fastening, nearer than two inches
thereto.
(10) The oversailing course or cap of a chimney, shall not project
more than one-and-a-half inches beyond the outer face of
the shaft.
(8 ) Timber or woodwork shall not be placed-
26. (1) The floor under every fue-place, oven. copper. steam boiler.
furnace, forge, or stove, which is not heated by gas, and
the floor around the same, shall, for a space of three feet.
be formed of earth or of materials of a fire-resisting and
aon-conducting nature, not less than six inches thick.
(2) A pipe for conveying smoke or other production of com-
bustion, heated air, steam, or hot water, shall not be h e d
against any building, on the face adjoining to my street or
public way.
(3) A pipe for conveying smoke, heated air, steam, or other
productions of combustion, shall not be fixed nearer than
four inches from any non-fire-resisting materials; and, in
case any such pipe is made to pass through any wall or roof
[The inclusion of this page i s authorized by L.N. 480/1973]
KINGSTON AND ST. ANDREW BUILDING 59
of non-fire-resisting material, it shall be kept in a ccntral
position in the opening made for it in such material. by means
of rigid distance pieces, or by a plate of metal, in each ~ 3 %
secured to such material.
(4) A pipe for conveying hot water shall not be placed nearer
than three inches from any non-fire-resisting material :
Provided, that the restrictions imposed by this regulation
with respect to the distance at which pipes for conveying
hot water or steam may be placed from any non-fire-resisting
materials, shall not apply in tlie case of pipes for conveying
hot water or steam at low pressure.
For the purposes of this section, hot water or steam shall be deemed
to be at low pressure, when provided with a free blow off.
27. (1) (a) Every habitable room, except rooms wholly or partly in
the roof, shall be in every part, at least eight feet in height
from the floor to the ceiling.
(6) Every habitable room, wholly or partly in the roof of
any building, shall be at least eight feet in height from
the floor to t he ceiling throughout not less than two-
thirds the area of such room, and shall not be at any
part of such room, less than five feet in height.
(c) Every habitable room shall have one or more windows
opening directly into the external air, or into a p i a m or
verandah, with a total superficies clear of the sash frames,
free from any obstructions to the light, equal to at least
one-tenth of the floor area of the room, and so constructed
that a portion. equal to at least one-twentieth of such
floor area, can be opened, and the opening in each case
shall extend to at least seven feet above the floor level:
but a room having no external waU, or a room constructed
wholly or partially in the roof, may be lighted through
the roof by a dormer window, with a total superfcies
clear of the sash frame free from my obstruction to the
light, equal to at least one-tenth of the floor area of the
room, and so constructed that one-half at least of every
such window may be opened, and so that the opening
may extend, in every case, to the top of the window.
(d ) In a building being a dwellinghouse, the ground floor
having a wooden floor other than a floor constructed of
solid wood bedded on concrete, shall have a sufficient
space between the ground and the floor surface, to admit
of efficient through ventilation from outside to outside,
and shall be so ventilated.
(2) If any person knowingly suffer any room, constructed after
the commencement of rhis Act, that is not constructed in
conformity with this regulation, to be inhabited, he shall. in
IThe inclusion of this page is authorized by L.N. 480/1973]
60 KINGSTON AND ST. ANDREW BUILLIING
addition to any other liabilities to which he may be subject,
bc liable to a penalty of four dollars for every day during
which such room is inhabited.
28. The following provisions shall apply to projections from
buildings-
( I ) Every coping, cornice, string course, fascia, window dressing.
portico, porch, balcony, verandah, balustrade. outside landing,
outside stairs and outside steps and architectural projection,
or decoration whatsoever, and also the eaves barge-boards and
cornices in any overhanging roof (except the cornices and
dressings to the window front of shops) shall be of fire-resisting
material.
(2) Any verandah attached to a domestic building, but not pro-
jecting over any public way may be of timber framework;
provided, the Boor and roof covering be made of tire-resisting
materials, and the timber frame covered and kept covered
with fire-resisting paint, or other fire-resisting composition or
material.
(3) No cornice, other than one of wood, is to project more than
the thickness of the wall from which it projects, and any such
cornice projecting to more than half such extent, is to extend
as a header, throughout the whole thickness of the wall: and
if of brick or cement concrete, is to be reinforced near the
upper surface, by iron or steel bands, laid transversely to the
wall. to design approved of by the Surveyor.
(4) No brick, stone, or concrete parapet, or other free or laterally
unsupported top of any wall of a building, or any portion of
such parapet or top, shall extend to a greater height than one
foot above the height required by this Act, or to a greater
height than two feet above the bed of the gutters, or the outside
surface slope of the adjoining roof, measured at right angles
thereto, and in any case in which it exceeds a greater height
than fifteen inches above such bed or outside surface slope,
it shall be strengthened by a vertjcal reinforcement of iron
or steel bars and shall have a belt of reinforced concrete at
the top, of des i s s approved of by the Surveyor.
(5) In a street of a width not greater than thirty feet. any shop
front may project beyond the external wall of the building
to which it belongs. to any extent not exceeding five inches,
and any cornice of any such shop front may project to any
extent not exceeding thirteen inches; and in any street of
a width greater than thirty feet, any shop front may project
to any extent not exceeding ten inches, and any cornice of
any such shop front may project to any extent not exceeding
eighteen inches beyond the external wall of the building to
which it belongs, over the ground of the owner to the building,
(%.sub-
wctjon (2)
of xction 4)
(See sub-
section (2)
of section 4)
me inclusion of tbis page is authorized by L.N. 480119731
KINGSTON A N D ST. ANDREW BLIlLDING
provided, that this provision shall not authorizc in any such
street, the projection of any part of any such shop front, other
than the cornice, o\er the public way or any land to be given
up to the public way.
(6) No part of the woodwork of any shop front shall be fixed
nearer than four inches from the centre of the party wall,
where the adjoining premises are separated by a party wall,
or nearer than four inches from the face of the wall of the
adjoining premises, where the adjoining premises havc a
separate wall, unless a pier or corbel of stone, brick. or other
fireresisting material, four inches wide at the least, be placed
as high as such a woodwork, and projecting throughout an
inch at the least in front thereof, between such woodwork
and the centre of the party wall, or the separate wall, as the
case may be.
(7) The roof-flat or gutter of every building and every balcony.
verandah, shop front. or other similar projection, or project-
ing window, shall be so arranged and constructed and supplied
with gutters and pipes, as to prevent the water therefrom
from dropping upon or running over any public way, and shall
be so arranged and constructed as to convey the water into
the water-table in front of such building, in such manner as
shall be approved by the Surveyor.
29. Every single arch shall have its abutments, and every end arch
in every row of arches shall have its abutment, of such width as shall
be approved hy the Surveyor: but in no case less than half of the span
of the arch or of the adjacent arch thrusting thereon.
61
30. (1) Every building shall be separated either by an external wall.
or by a party wall. or other proper party structure from the
adjoining building (if any), and from each of the adjoining
buildings (if more than one).
(2) In every building exceeding twelve hundred square feet in
area, used in part for purposes of trade or manufacture, and
in any part as a dwellinghouse, the part used for the pur-
pose of trade or manufacture shall be separated from the
part used as a dwellinghouse, by walls and Boors constructed
of fire-resisting materials, and all passages, staircases and (Seesub-
other means of approach to the part used as a dwelling. swtion(2)
house, shall be constructed throughout of fire-resisting of secrion4)
materials. The part used for purposes of trade or manu-
facture. shall he. subject to the provisions of this Act. relating
to buildings of the warehouse class :
Provided, that there may be constructed in the walls of
such staircases and passages, such doorways as are necessary
for communicating between the different parts of the build-
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6 1 KINGSTON AND ST. ANDREW BUILDING
(See.sub-
section (2)
of section4)
ing. and he re may be formed in any waUs of such building
openings fitted with fire-resisting doors.
(3) I n every building exceeding twenty-five hundred square feet
in area, c.onlaining separate sets of chambers or offices or
rooms. tenanted or constructed or adapted to be tenanted by
different pcrsons, the floors and principal staircases shall
be of !ire-resisting materials.
(4) Except as in this regulation provided, no building of the
warehouse class shall have a cubical content of more than
one hundred and fifty thousand cubic feet. unless divided by
partition walls in such manner that no division thereof extend
to more than one hundred and fifty thousand cubic feet.
(5) No addition shall k made to any building of the warehouse.
class, or to any division thereof, so that the cubical content
of any such building or division shall exceed one hundred
and fifty thousand cubic feet.
31. (1) Buildings shall not be united except, where they are wholly
in one occupation, or are constructed or adapted so to be.
(2) Buildings shall not be united, if when so united and con-
sidered as one building only, they would not be in conformity
with this Act.
(3) An opening shall not be made in any party wall or in two
external walls dividing buildings, which, if taken together
would have a cubical content of more than one hundred and
twenty-five thousand cubic feet, except under the following
conditions-
@) Such opening shall not exceed in width seven feet or in
height eight feet, and such opening or openings taken
together, shall not exceed one-half the length of such
party wall or of the external wall, on each floor of the
building in which they occur.
(b) Such opening shall have the floor jambs and head
formed of concrete, brick, stone, or iron, and be closed
by two wrought iron doors, each one at least one-
sixteenth of an inch thick in the panel, at a distance
from each other of the full thickness of the wall, fitted
to rebated frames without woodwork of any kind, or
such other fire-resisting doors and as the Surveyor shall
approve. Such doors shall be hinged and not sliding.
(c) If the thickness of the wall be not less than twenty-four
inches, or the door be placed at a distance from each
other of not less than twenty-four inches, such opening
may be nine feet six inches in height.
[The inclusion of this page is authorized by L.N. 480/19731
KINGSTON AND ST. ANDREW BUILDING 63
(4) Whenever any buildings which have been united cease to
be in one occupation. all the openings made for the purpose
of uniting the same in any party wall between the buildings
or in any external wall, shall be stopped with concrete, brick.
or stonework, of the same thickness material and construc-
tion and properly bonded with such wall. and any timber
not in conformity with this Act placed in the wall shall bt
moved.
(5) whenever any buildings which have been united ceascd to
be in one occupation. the owner thereof shaU fonhwith give
notice to the Surveyor, and shall cause any openings made in
the party wall to be stopped up and bonded as aforesaid.
32. I3e following rules shall be observed with respect to new
churches. chapels. meeting-houses, public halls. public lecture rooms,
public exhibition rooms and public piaces of assembly, and to all
additions or alterations by which increased accommodation is to be
provided to existing churches. chapels and meeting-houses. public halls
public lecture. rooms. public exhibition rooms, or other public places
of assembly-
Every staircase for the use of the public shall be supported
and enclosed by brick or concrete walls, not less than nine
inches thick. The treads of each flight of stairs shall be of
uniform width.
No staircase. internal corridor, or passage-way for the use of
the public, sball be less than four feet six inches wide:
Provided. that where not more than two hundred persons are
to be accommodated in such church. chapel. meeting-house.
hall, lecture room. exbibition room. or u b of assembly. such
staircase. internal corridor, or passag&way may k -of the
width of three feet six inches
Every stahar. corridor or passage-my for the use of the
public and which communicates with any portion of the build-
ing intended for the accommodation of a larger number of
the public than four hundred shall be increased in width
by six inches for every additional one hundred persons. until
a ma+nun width of nine feet be obtained: Provided always,
that in every case where the staircases are six feet wide and
upwards. they shall be divided by a hand rail : Provided also.
that in lieu of a single staircase, corridor. or passage-way. of
the width prescribed in this paragraph. it shall be lawful to
substitute two stairrases, wmdors. or passapways, each
being of a width at least equal to two-thirds of the width pre-
scribed in this paragraph for the single staircase. conidor. or
passage-way; but so that neither of such two substituted
corridors, staircases. or passage-ways shall bc less than three
feet six inches wide.
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64 KINGSTON AND ST. ANDREW BUILDING
(a In all cases where a portion of the public is to be accom-
modated over or at a higher level than others of the public,
a separate means of exit of the width above prescribed for
staircases. internal corridors. or passage-ways. and communi-
cating directly with the street or open space, shall be provided
from each floor or level.
(a) All doors and barriers shall be made to open outward and
no outside locks and bolts are to be affixed thereto.
33. Latrines, where permitted, shall be either pits or earth closets.
Pits shall be dug not less than five feet deep. Pits shall be lmed with
brickwork nine inches thick laid without mortar up to the height of
four feet, the remaining portion of the height shall be laid in cement
mortar. Such brickwork shall be carried up to a height of not less than
12 inches above the ground level. Where water is reached at less than
five feet from the surface, pits shall not be allowed. but instead thereof
the latrine shall consist of an earth closet. to be constructed as approved
by the Surveyor.
34. No building shall be erected so that any external wall of such
building shall be within a distance of four feet from any building or
from any wall or fence used or constructed to be used for the separation
of adjoining buildings or adjoining lands the property of different
owners, unless such building shall adjoin such other building so that
no space be left between them, or unless the external wall of such
building shall be a par!y wall. or a party fence wall.
For the urposes of this regulation, the expression “party fence wall”
shall inch a e a wall used as a separation of adjoining lands of different
owners. the footings of which do or do not project into the land of
another owner.
35. AU timber used in the framework of the walls, roofs and floors
of buildings shall be of Jamaica hardwood. pitch pine, or other wood
of a description approved by the Surveyor.
36. All materials and workmanship shall he of the best quality
reasonably obtainable, and shall he approved of by the Surveyor.
PART Il
Brick, Stone, or Cement Concrete W d s
In this Parf the term “war shall include any part of a wall. and aIso
any pier, column, buttress, or partition.
37. Every wall constructed of brick or stone (other than a founda-
tion wall or pillar not more than four feet high above ground intended
for a timber framed building or as a bench wall) shall be built in hori-
zontal courses. laid and bonded in workmanlike manner. and solidly
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KINGSTON A N D ST. ANDREW BUlLDING
put together with Portland cement mortar, composed of one part of
Portland cement to not more than four parts of clean sharp sand, and
be strengthened by hoop or band iron, made continuous and not less
than one inch wide and one-twentieth of an inch thick, laid in courses
not exceeding one fool apart vertically, and in the proportion of two
bands for each eight-and-a-half inches width of wall, and one for any
less additional width. The outside bands in any wall shall be placed
not more than a quarter of its thickness from the adjacent edge of it,
and all bands shall be entirely encased and embedded in the mortar
of the hximntal joints. Joints in any band, whether in a continuous
wall or at any junction with any return wall, cross wall, or buttress.
shall be made by folding the ends over and hooking the folds together.
38. Walls of cement concrete shall be composed of Portland cement,
clean sand and clean broken brick or stone, in the proportion of one
of cement to not more than four of sand and eight of broken brick or
stone, and shall be strengthened by steel or iron bars, to an extent
equivalent in respect to weight and disposition of metal to that specilied
above.
39. Every person who shall erect a brick, stone, or cement concrete
wall, shall build in such wall stiffening courses of concrete, mixed in
the proportion of one part of Portland cement, three parts of sand
and six parts ol broken brick or stone, not less rhan nine inches deep,
reinforced throughout the whole thickness and length of such wall
with iron or steel bars, not less than three-eighths of an inch square,
and not less in number than one such bar for each twenty square inches,
or part thereof of the cross sectional area of the course. Such reinforc-
ing bars shall be placed at a distance from the edge of the course of
concrete not more than one-quarter of the thickness of ihe course.
Such courses of concrete shall not be more than fifteen feel apart:
one such course shall be at the level of or immediately below the beams
or joists supporting each floor. and one immediately below the wall
plate or the foot of the rafters or tie-beams. and where there shall be
a greater interval than fifteen feet, an intermediate course shall be
provided.
40. The end of every iron or steel bar used either under regulation
38 or 39, shall be either hooked or cranked and lapped for a distance
of nine inches, with every other, such bar which shall meet the same
in the course of its length, so as to practically constitute one continuous
bar along the entire length of the wall in which it is placed, notwith-
standing the junction of same with any cross wall, return wall, or
buttress. The iron or steel bars in all such cross walls, return walls
or buttress shall be hooked into the iron or steel bars in the adioining
%U.
If any iron or steel bar shall end at any opening in the wall it shall
be cranked at such end, or at the nearest vertical joint thereto.
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65
KINGSTON AND ST. ANDREW BUILDING
41. The thickness of external walls shall in all cases be approximately
a multiple of four-and-a-half inches, and the projection of any buttress
or pier beyond any wall, shall at all points be approximately four-and-
a-half inches, or a multiple thereof.
When the horizontal length of the wall, between two return walls,
cross walls, buttresses, or piers, does not exceed twenty feet; such
buttresses or piers having in each case at all points a horizonlal pro-
jection or accumulated projections not less than fifty per centiiiii of
the prescribed thickness of the wall at the same course, and a breadth
of not less than twice that prescribed projection, then-
(U) if the height of no storey of the building exceed fourteen feet,
the thickness of the uppermost portion of the wall, for a height
not exceeding ten feet, and not extending below the underside
of the floor joists of the top storey, shall be not less than eight-
and-a-half inches. For the next storey below, the thickness of
the wall shall be not less than thirteen inches; and the thickness
of the wall shall be increased not less than four-and-a-half
inchcs, throughout each successive lower storey;
(b) if any storey of a building exceed fourteen feet in height, then
the thickness of the walls of that storey shall be nowhere
less than eight-and-a-half inches in excess of the minimum
thickness prescribed above, for the walls of the storey next
above, nor in any case less than thirteen inches.
When the horizontal length of the wall as above mentioned, does
exceed twenty feet, the minimum thickness as above specified shall
be increased by such proportion, not being less than one-fourth nor
more than one-half, as shall be prescribed by the Sweyor ;
Provided always, that no wall built of brick, stone, cenient wncrele
or other similar substance, shall be permitted, if it will at any time,
or at any part, be required to sustain a greater vertical load than six
tons per square foot.
The thickness of every wall built of bricks. or blocks of stone, not
laid in horizontal beds or courses, shall be one-third greater than the
thickness hereinbefore prescribed.
42. All window and door-sills and lintels shall be of Cement concrete,
and pass through the entire thickness of the wall. Every lintel shall
have a depth of not less than one-sixth of the opening below it, and
shall overlap that opening at each side by not less than one-sixteenth
part of the opening: Provided. however, that no greater length of
ovcrlap than four inches shall be permitted in any case. The concrete
of every such lintel shall be reinforced by steel or iron bars, in such
a manner that, assuming it to be a girder having a depth of one-sixth
of the span, it can support the greatest load imposed on it, with a
factor of safety not less than five.
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KlNGSTON AND ST. ANDREW BUILDING 67
43. No structure built under this part of this Schedule shall exceed
forty feet in height.
PART I11
Steel Frumed cold Reinforced Concrete Frumed Buildings L.N.
65/ 1957.
44. The skeleton framing of evcry framed building shall be of wrought
iron or mild steel, and shall he of sutlkient strength and stability to
sustain, unaided by other material, the whole weight of the walling
and the live and dead loads of the floors and roofs bcaring thereon,
and also all the strains that it will be subjected to by a horizontal wind
pressure of twenty-five pounds per square font from any direction. The
pillars supporting all iron or steel girders that carry walls, or fire-
resisting floors, or roofs shall be completely encloscd by a casing of
brickwork, concrete, or other fire-resisting material at least four inches
thick. The girders, excepting in roofs and staircases, shall be similarly
protected, hut the flanges of girders and the places and angles connected
therewith may approach within two inches of the surface of such casing.
45. The panels between or upon the framing may be of brick, stone,
or reinforced concrete constructed according to the requirements tiyi957,
contained in Part II (except that the requirements of regulation 39
may be dispensad with) or according to the requirements of any
regulation that may be made pursuant to the powers contained in
Part IV or of hollow concrete blocks. External panel waUs shall
provide adequate strength and durability together with an adequate
grade of fire resistance and shall be of a thickness not less than the
If of brick or squared stones hid in horizontal beds, not less than
eight and a half inches thick. If of reinforced concrete, six inches
thick. If of hollow concrete blocks, eight inches thick.
following:
46. Pillars, or stanchions of the framing shall not except with the
permission of the Surveyor, be spaced at a greater distance than ten feet L.N.
apart nor shall any girder be placed higher than ten feet above the one 6511957.
next below it. If pillars, stanchions, or girders are placed more than
ten feet apart, the panelling between the sanie shall be of a thickness
in brick or stone not less than one-fourteenth of such distance, and if
in reinforced concrete or hollow concrete blocks, not less than one-
twentieth of such distance. Panel walls constructed of hollow concrete
blocks shall be properly reinforced with steel as specified herein, and
the reinforcement shall be adequately anchored to the structural
framing on all four sides. All hollows shall be completely filled with
grout not weaker than one part Portland cement to four parts clean
sand.
The clear horizontal span of any such panel between vertical supports
shall not exceed fifteen feet and its clear overall area shall not exceed
one hundred and fifty square feet.
[The inclusion of (his page i E authorized by L.N. 480/1973]
68 KINGSTON A N D ST. ANDREW BUILDING
Hollow block panel walls shall be reinforced with both vertical and
Thickness Vertical Bars Horizontal Bars
horizontal mild stccl reinforcing bars as follow^
8" 1" dia. 16" oJc Two dia. 16" olc
6" dia. 16" o / c Two +" dia. 16" o / c
4" +y dim. 16" o /c +" dia. 16" o/c
47. Internal panel walls shall be not less than two-thirds of the thick-
ness required for external walls, and in no case less than four inches.
48. No pillar in any main framing, or floor supports, shall be in
any part less than one-quarter of an inch thick, nor shall any such
pillar have an unsupported length of more than forty times its least
lateral dimension, and every pillar shall be faced to a true surface at
right angles to its axis.
All joints in pillars shall be close butted with cover plates properly
riveted, and no joint shall be made except at the level of a girder. The
foot of every pillar shall have a base plate riveted thereto with suffcient
gusset pieces to properly distribute the load on the foundation.
Where pillars are hollow, the cavities shall either be filled up with
cement concrete. or be covered in at both ends su'fficiently to exclude
the air.
49. No cast iron shall be used for structural purposes in any part
of any building.
50. All girders supporting external walls shall be not more than
four feet below the floor h e of each storey.
51. AU floors and staircases, together with their supports, shall be
constructed of fire-resisting materials.
52. All structural metal work shall be cleaned of all xlale. dust and
dirt before the same is encased as required by regulation 44.
53. In addition to the foregoing regulations, and the general regula-
tions herein contained, all skeleton frame buildings shall, as regards
the metal framing, bracing, walls, partitions, floors, roofs, staircases
and foundations, be constructed in such a manner as may be approved
of by the Surveyor.
54. The person proposing to erect an iron or steel-framed building,
shall deposit with the Surveyor such plans and working drawings, as
the Surveyor shall determine.
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KINGSTON A N D ST. ANDREW BUILDING 69
55. The Surveyor may, with the conscnt of the Chief Technical
Director, waive the application of any of the regulations under this Part,
in any case in which it shall be satisfactorily shown that any building
the order for which has been placed prior to the 29th day of July, 1907,
will. notwithstanding the failure to comply with all of the said regula-
tions, be of the strength and stability required.
PART IV
Reinjorced Concrete Buildings
56. The Building Authority may from time to time, subject to the
approval of the Minister, make, repeal, or alter special or general
regulations. as to the construction of buildings, or any part thereof in
reinforced concrete.
PART V
Timber-Framed Buildings
57. All sills, bearers. or girders of buildings intended for residences,
places of business, or for purposes other than out-houses, kitchens,
stables, coach-houses, bathrooms. latrines, or water-closets shall, if
supported on walls of brick. concrete, or stonework, be bedded on a
layer of Portland cement mortar, not less than three-eights of an inch
thick, mixed not weaker than one of cemeut to two of sand, laid on
top of the supports. and extending the whole width of the sill.
58. The joints between the vertical and horizontal members of the
framework of the walls of any building of which the sills are required
to be bedded in cement mortar. shall be securely put and held together
with mortice and tenon joints, or any sill or wall plate may be checked
into and securely bolted to the uprights, as may be approved by the
Surveyor. The braces in the framework of the walls of such buildings
shall be of ample size and number, to withstand the strain brought on
to them by a wind pressure of 20 Ibs. per square foot, acting on the
face of the building opposed to them.
59. The upper sills and wall plates at the outer angles of all such
buildings, &all be sufficiently tied with iron straps bolted to the timber
to the approval of the Sweyor.
60. When such a timber-framed building has the panels between the
framing fled in with brick nogging (which may he laid either in lime
or cement mortar), concrete. or any other filling material, arrangements
shall be made, either by covering the face of the panelling by wire
netting by wires strained through the uprights, by cross or longitudinal
cleats securely fixed to the uprights, or other device approved by the
Surveyor, to prevent the panels from falling or being displaced by
vibration of the building.
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70 KINGSTON AND ST. ANDREW BUILDING
PART VJ
Buildings of Hollow Concrete Blocks
61. Hollow Concrete Blocks (hereinafter referred to as Blocks) shall
(a) made by the wet process method by a block making machine
which produces two units at each operation under a pressure
of 40 tons;
( b ) made of Portland cement and suitable aggregate in such
proportion as to develop at the end of 28 days an ultimate
crushing strength per square inch of gross area of not less
than 750 pounds when tested with the cells placed vertically
and 300 pounds when tested with the cells placed
horizontally;
(c) cured under cover for 24 hours after being made and then
removed to the open and kept from drying for seven days by
being repeatedly sprayed;
(d) rmbjected to such tests as the Surveyor may require for
ascertaining the ultimate crushing strength.
L.N. 62. Foundation-The foundation shall be of cement concrete
z6/1955. composed of one part Portland cement. three parts clean sand and
six parts broken stone of 1" x l+" diameter.
The foundation shall be not less than 1' 4" wide x 9 deep and shall
be reinforcad with two f" diameter mild steel bars with links, spaced
at 12" on centres.
The steel reinforcement shall be placed 2" above the bottom of the
foundation.
All reinforcing bars for block walls shall be embedded in the founda-
tion for a minimum distance of 15" which shall include the crank and
shall extend above the foundation to a height of at least 16".
Where reinforcing bars for the block walls are spliced the lap shall
not be less than IS".
Where the unsupported height of walls from ground level to the
underside of the ground floor exceeds 4' the walls shall be reinforced
with an additional +" bar in the block tied into the foundation as
previously specified. In no case shall the centres of bars in the walls
below ground floor level then exceed 9". These additional bars shall
terminate at ground floor level.
63. WdsExte rna l walls shall be not less than 6 inches wide and
internal walls not less than 4 inches exclusive of plaster and shall be
reinforced vertically with + inch steel rods spaced one in each block
properly imbedded in floor beam and belt course. the hole in the block
in which the rod is placed to he filled with Portland cement concrete.
be-
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KINGSTON AND ST. ANDREW BUILDING
Ali walls shall be capped by a belt course. All joints shall be
inch in thickness of 1-2 mix of Portland cement monat.
of an
64. Bclt CoursesShall be of cement concrete composed of Portland
cement, clean sand and clean broken brick or stone in proportion of one
of cement to not more than three of sand and six of broken brick or
stone, and shall be of the width of the wall or foundation which it caps
and not less than 9 inches in depth and shall be reinforced throughout
the whole thickness and length with iron or steel bars of not less than + inch in diameter and not less in number than required by regulation
39 in Part 11.
65. All Building Regulations for the time being in force, save as
specifically varied in this Part. shall apply to buildings of hollow
concrete blocks.
71
PART VII
Alwninium Framed Buildings G.N.
lOY9/1961. 66. Design-Aluminium members shall be designed by methods
admitting of rational analysis according to established principles of
mechanics.
67. Stmdards--The standards set out in the Publication (hereinafter
referred to as the "said Publication") "Specifications for Structures for
Aluminium AUoy M)61-T6 of the American Society of Civil Engineers,
procedings Volume 82 No. St3 M a y 1956". are hereby adopted to
supplement but not supersede the specific requirements of these
regulations.
68. Allowable Unit Stresses-The allowable working stresses are
dependent on the alloy, condition of use, fabrication, and manufacture.
The allowable working stress for 6061-T6 material shall not exceed
the following unit stresses in pounds per square inch:
tension ... ... ... 15,000 p. s. i.
compression ... ... 14.000p.s.i.
(reduced by a factor representing end restrain and slenderness ratio as
set forth in the standard above). Shear in pins and rivets (cold driven)
1O.OOO p.s.i. bearing on rivets and turned bolts,
in reamed holes ... ... 27,000 p. s.i.
For other aluminium alloys, allowable stresses shall provide a factor
of safety of not less than 2.33 for primary members and 2.0 for
secondary members, based on rninin~um yield strength at an elongation
of .2 per cent.
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KINGSTON AND ST. ANDREW BUILDING
69. (1) Design--The Surveyor may require that any structure usfflg
aluminium primary or secondary members be designed by a qualified
Structural or Civil Engineer. Increases in allowable unit stresses as
set for wind loads in these regulations shall be applicable to aluminium
structural members except that allowable unit stresses shall not exceed
75 per cent of the minimum yield strength.
(2) In addition to flexural and shearing stresses, the critical factors
of buckling, fatigue, stress raisers such as notches or holes or sharp
re-entrant corners, deflection and connections shall be considered and
provided for by poper design.
Construction Details :
70. (1) Connections: Aluminium members shall be designed as set
forth in Paragraph 3001.2 (a) of the said Publication.
(2) Roofing: Aluminium sheet used for roofing shall be not less
than .024 inch in thickness. Aluminium sections spanning, between
supports shall he limited in span to satisfactorily resist posltive and
negativc loads set forth in the regulations and the deflection of roohg
under full superimposed load shall not exceed 1 / 3 0 of the span.
(3) Wall Panels: Aluminium sheets used in built up wall panels
shall have a thickness of not less than ,040 inch and the design of the
pancl units shall be to the satisfaction of the Surveyor.
(4) Finished facings shall have a maximum deviation of one-
fourth inch at the centre when measured from a plane determined by
the edges of the panel, with a maximum deviation of one-sixteenth inch
in any 12 inch rui. The maximum deflection of a curtain wall system
under fall line or wind load shaU not exceed 1/175 for panels nor I /240
for vertical members.
71. (1) Dissiniilur Materials: Where aluminium surfaces, come in
contact with materials or metals other than stainless steel, m e , white
bronze of small area or other metals incompatible with aluminium. the
surfaces shall be kept from direct contact with such parts by:
(a) Painting the dissimilar metal or other material with a prime
coat of zinc chromate primer or other suitable primer, followed
by one or two mats of aluminium metal and masonry paint or
other suitable protective coat, excluding those containing lead
pigmentation.
(b) Painting the dissimilar metal with a coating of a heavy bodied
bituminous paint.
(c) Placing a good quality caulkimg material between the aluminium
and the dissimilar metal.
(6, By placing a non-absorptive tape or gasket between the
aluminium and the dissimilar metal.
[The inclusion of this page is authorized by L.N. 480/1973]
KINGSTON A N D ST. ANDREW BUILDING 73
(e) By placing stcel members hot-dip galvanized or zinc-plated
after fabrication between the aluminium and the dissimilar
metal.
(2) Dissimilar metals or materials shall be painted if used in
locations where drainage from them passes over aluminium.
(3) Aluminium surfaces in Gontact with lime-mortar. wncrele
or other masonry materials shall bc protected with alkali-resistant
coatinzs. s x h as heavy-bodied bituminous paint or water-whitc
methacrylate lacquer.
(4) Aluminium in contact with wood or other absorptive materials
which may become repcatedly wct shall be painted with two coats of
aluminium metal-and-rnasonry paint or a coat of heavy-bodied
bituminous paint or the wood or other absorptive material shall be
painted with two coats of aluminium house paint and seal joints with
a good quality caulking compound.
(5 ) Where aluminium is in coniact with treated wood, rhe wood
shall he treated with pentachlorophenol 5 per cent minimum concentra-
tion or creosote or zinc naphthanate following the protective measures
outlined in paragraph (4) of this regulation.
Expansion. Conrrucrion: Aluminium work shall be designed and
anchored so that the work will not ,be distorted nor the fasteners over-
stressed from the expansion and contraction of the metals.
72. The Principal Regulations for the time being in force save as
specifically varied by this Part shall apply to Aluminium framed Build-
ings, and all such buildings shall as regards the metal framing, bracing,
walls, partitions, floors, roofs, riveting, panels. foundations and
anchorage, be constructcd in such manner as may be approved by the
Surveyor.
SECOND SCHEDULE SCWd
SEhCddL
scnions 1, S,
20 and 2% REGULATIONS
The following materials shall, for the purposes of this Act, be deemed
In the case of wall+
to be lire-resisting materials-
(U) The materials specified in paragraphs (a), (6). (c) and (4 of
regulation 5 of the First Schedule.
(h) Jamaica. hard wood timber when used for beams or posts
either alone or in combhation with iron or steel, the timber
and the metal (if any), being protected by plastering one inch
thick in cement or other external coating approved by the
Surveyor, cficiently keyed or otherwise secured to the timber
or metal.
In the case of roofs-
[The inclusion of this page is authorized by L.N. 42/.19951
74 KINGSTON A N D ST. ANDREW BUlLDlNG
O.N.
74115’08.
In addition to the substances mentioned in regulation 24 of Part I
of the First Schedule, brick, stone, concrete, etemit. vulcanite.
In the case of doors-
Steel. iron. hard timber, not less than two inches thick c o v e d
with metal.
In the case of interior work-
Any of the substances specified under the head of walls, roofs
or doors.
Generally-
Any other material from tinie to time approved by the Minister
as 6se-resisting, and then only for the purpose specifid.
(Seclions 44
& 45)
LN. THIRD SCHEDULE
4511992.
PART I
FEES
BuiMng permits for the construction of new structraar
(U) For residential S~IUC
tures _.. ._. .. . one-half of one per cent (f of 1 %) of the
estimated wst of the structure to be
erected.
(b) For commercial she-
tures ... ... one per cent (1%) of the estimated cost
of the structure to be erected.
the council may waive the fee or im-
pose a special fee equivalent to one-half
(f) of the normal fee.
(c) Where the building to
...
(i) dws not exceed
500 square feet
in area; or
(ii) is intended to
accommodate
farm animals or
operations
be constructed
Re-validation of building pennit
(a) Where application is
made within two years
of the original -it
(i) for residential
(ii) for commercial
(b) Where the application
is made more than
two years after the ex-
piratim of the origin-
a1 permit ... ... fees as for a new application.
construction _.. $100
construction ... $400
-
m e inclusion of this mge is authorized by L.”. 42/19951
KINGSTON AIVD ST. ANDREW BUILDING
Amendment of Plam
For each application to
amend an approved plan-
(a) for residential wn-
(6) for commercial con-
Where a site visit becomes
necessary for processing the
plan.or verification of wm.
pliance With the amend-
ment ... ... ... $80 for each such visit.
struction ... ... $100
sh-uction _.. ... $200
Additiom m d alterations to existing building
(a) Where the additions
exceed the total floor
area of the existing
building or loo0
square- feet which-
ever is the less ...
( b ) for alteration or
addition other than
those specified at one-half (&) of the fee payable for a new
(U) . . . . . . ... construction.
fees as for a new construction.
Repairs to exim'ng building
One-quarter (a) of the f e
payable for a permit to
wnstruot a new buildmg
of a similar size, class
and type
Tempormy smtwes
One-half (f) of the fee
payable for a permit to
constuct a permanent
building of a similar size
and class
Ahrpr ion pits
For inspection ... ... $100 for each unit.
Billboards and adverrising dpu
To erect:
(U) billboards . . . . . . $600
(b) advertising signs ... $100
W e inclusion of this page is authorizd by L.N. 42/19951
76
LN.
4511992.
KINGSTON A N D ST. ANDKEW BUILDZNG
Outline Approval
Outlinc approval of a pro-
posed development ... onequarter (*) the fees for a building
permit for proposed development.
Cerfificarion of strola plan compliance
For certiEcation of strata
plan compliance in res-
pect of applications for
strata titles ... _.. onc-quarter (a) of the fees payable for
building permit to erect building of
similar size, class and type.
Application for change of claw
(b) Where no alteration
reconstruction of
building or structures
is required . . . such a fee as would be payable for a
building pennit to erect a new building
of n similar size, class and type.
( b ) Where no alteration
or reconstruction is
required ... _.. one-quarter (a) of the fee payable to
erect a building of similar size, class and
type.
PART
Dilopidoled, neglected and dan@?ous shuctufes
For an inspection of eacb
structure and certifyjng
opinion thereon when
directed so to do ... $500
For service of notice to
owners ... ... $100
For one inspection of the
building or structure to
ascertain if order is com-
plied witb ... ... $100
For any subsequent in-
spection rendered neces-
saw because of non-
compliance with the
order ... ... ... $200 __ - _-
[The inclusion of this page i5 aubhorized by L:N. 4?/19Y51
KINGSTON A N D ST. ANDREW BUILDING I7
LN.
45/1992. PmT 111-Supplementary Provisions
1. Where an applicant for a building permit is an approved charitable
organization. the Building Authority may grant to such applicant a
concession on the fees to be paid.
2. Where an application for a building permit or for the approval
of any other building works or plans is refused by the Building
Authority, the Building Authority shall refund to the applicant an
amount not exceeding fifty pcr cent of the fees paid in respect of such
application.
3. Subject to paragraphs (I) and (2). the fees prcscribed for the
consideration of Plans and amendment of Pians and for all known and
necessary inspections shall be paid at the time of lodging the Plan
or Amendment, and fees prescribed for inspection to be made at the
instance of any person shall be paid at the time of making the request
and the fees for the inspection of dilapidated, neglected or dangerous
building rendered necessary by the default of the owner or builder
shall be payable on demand by the owner or the builder making
default.
4 . 4 1 ) T h e Surveyor shall, after consultation with such persons,
bodies or agencies as he may deem necessary. recommend to the
Building Authority a schedule of building costs which shall specify
the estimated mst per square foot of erecting different classes and
types of buitldings having regard to the location of these buildings
in various parts of the Corporate Area.
(2) The Building Authority by resolution shall, after considering
he recommendations of the Surveyor, establish a schedule of building
COS@.
(3) Tbe estimated cost of the structure to be erected shall be
calculated by-
(a) computing the total floor area of the proposed building by
refercnce to the length and width (inclusi\e of the outer faces
of the walls) of each floor level of the proposed building BS
delineated in the plans submitted with the application; and
(6) applying the measurement to the estimated wst per square
foot specified in the schedule of building costs for that class
and type of building having regard to the location of that
building in that area.
5. In these Regulatiom-
‘%ommercial structures” means buildings other than residential
structures intended to accommodate any type of business opera-
tion or activity;
“residential structures” means buildings intended to provide resi-
dential accommodation for households,
inclusian of this page is auahorized by L.N. 791 19%]
