Freeport (Building Code and Sanitary Code) Bye-laws

Link to law: http://laws.bahamas.gov.bs/cms/images/LEGISLATION/SUBORDINATE/1967/1967-0061/FreeportBuildingCodeandSanitaryCodeBye-laws_1.pdf
Published: 1967-11-09

Freeport (Building Code and Sanitary Code) Bye-laws
FREEPORT BYE-LAWS [CH.29 – 3


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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

CHAPTER 29

FREEPORT BYE-LAWS

FREEPORT (BUILDING CODE AND SANITARY
CODE) BYE-LAWS

(SECTION 3)
[Commencement 9th November, 1967]

1. These Bye-laws may be cited as the Freeport
(Building Code and Sanitary Code) Bye-laws.

2. In these Bye-laws, unless the context otherwise
requires —

“the Act” means the Freeport Bye-laws Act;
“the Authority” means the Port Authority;
“bye-law” means a bye-law made and approved in

accordance with the provisions of the Act;
“the Code” means the combined Building Code and

Sanitary Code referred to in bye-law 3 hereof as
amended from time to time;

“prescribed” means prescribed by the Code.
3. In compliance with the requirements of Clause

3(1) and (2) of the Agreement made between the Port
Authority and the Governor of the Bahama Islands on the
First day of March, A.D., 1966 and now of record in the
Registry of Records of The Bahamas in Volume 963 at pages
219 to 268, the Port Authority hereby declares that the
combined Building Code and Sanitary Code (a copy of
which, authenticated by the Common Seal of the Grand
Bahama Port Authority, Limited has been deposited for
inspection and safe custody at the office of the Commissioner
of the Freeport District of the Grand Bahama Island) is and
continues to be applicable to the Port Area.

4. It shall be lawful for the Authority in pursuance
of Clause 3(1) of the said Agreement between the Port
Authority and the Governor made on the First day of


S.I. 61/1967
S.I. 39/1986
S.I. 51/1996

Title.

Interpretation.

Declaration and
identification of
the Code.

Future
amendment of
the Code.

CH.29 – 4] FREEPORT BYE-LAWS





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

March, 1966, to promulgate amendments for the purpose
of revising the Code from time to time in the light of
technical developments and the changing needs of the
community in the Port Area but no such amendment shall
come into force unless and until the terms thereof are set
out in a bye-law made by the Port Authority under the
provisions of section 3 of the Act, with the approval of the
Minister for Health and the Minister for Works.

5. It shall be the duty of the Authority to cause the
Code to be printed (including such amendments as may be
promulgated by bye-law from time to time) and to be made
available at the Authority’s offices in the Port Area for
purchase by members of the public at a price which shall
be fixed by the Authority from time to time not exceeding
twenty-five dollars per copy.

6. Any reference in the Code to “the Grand Bahama
Development Company Limited”, “the Development
Company”, “the Development Agent”, “designated agent”,
“the Agent” or “the Building Director” shall be read and
construed in each case as a reference to the “Port
Authority”.

7. No person shall within the Port Area —
(a) lay out any new road or new subdivision or

publish any development plan for any area; or
(b) construct or commence to construct any building

or other structure; or
(c) construct or commence to construct any drai-

nage or sewage works; or
(d) construct or commence to construct any water

supply installation; or
(e) improve, alter, or add to any development plan,

installation, building or structure; or
(f) carry out or commence to carry out any other

work requiring the approval of the Authority
under the Code,

without the prior approval of the Authority granted in
pursuance of the provisions of the Code.

8. (1) Where in accordance with the provisions of the
Code and these Bye-laws the plans for any proposed work are
deposited with the Authority, the Authority shall pass the
plans unless they are defective or show that the


Availability of
the Code to the
public.

Interpretation of
terms in the
Code.

Obligation to
submit plans.

Passing or
rejection of
plans.

FREEPORT BYE-LAWS [CH.29 – 5


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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

proposed work would contravene any of the provisions of the
Code or any bye-law for the time being in force and if the
plans are defective or show that the proposed work would
contravene the provisions of the Code or any such bye-law,
the Authority shall reject the plans unless they shall determine
to relax any such provision or to dispense with
compliance therewith.

(2) The Authority shall within forty-five days from
the deposit of any plans give notice in writing to the person
by whom or on whose behalf they were deposited whether
or not the plans are passed. In the case of rejection such
notice shall specify the defect on account of which or the
provision of the Code or any bye-law for the non-
conformity of which the plans have been rejected.

(3) Where any plans are rejected by the Port
Authority under the provisions of this bye-law, the
applicant may within thirty days of being notified of the
Port Authority’s decision, lodge an appeal with the
Minister for Health and the Minister for Works who, after
taking into consideration any written submission of
the parties, shall determine the matter.

9. (1) If any work to which the provisions of the Code
or any bye-law for the time being in force are applicable,
contravenes such provision, the Authority (without pre-
judice to their right to take any other lawful proceedings) may
by notice in writing require the owner either to pull down or
remove the work or, if he so elects, to effect such alterations
therein as may be necessary to make the work comply
with the said provisions.

(2) The person to whom notice has been given
under the provisions of paragraph (1) of this bye-law shall
comply with such notice within thirty days or such longer
period as a magistrate may fix on such person’s applica-
tion. In default of due compliance with such notice the Port
Authority may apply to the magistrate for an order
authorising the Authority to pull down, remove or alter the
work, as the case may be, and thereupon the Authority may
do what is necessary to comply with such order and may
recover summarily as a civil debt the expenses
reasonably incurred in so doing from the person in default.

(3) The powers conferred upon the Authority by
paragraph (2) of this bye-law shall not be exercisable after
the expiration of twelve months from the date of
completion of the work in question.

Power to require
removal or
alteration of
work not in
conformity with
the Code etc.

CH.29 – 6] FREEPORT BYE-LAWS





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

10. Any person who, having obtained the approval
of the Port Authority for the plans of any proposed work,
proceeds to carry out such work and —

(a) fails to give notice to the Authority requiring
them to carry out any prescribed mandatory
inspection during the progress of the work; or

(b) commences to execute a further stage of the
work before any prescribed mandatory
inspection of an earlier stage of the work has
taken place and has been passed by the
Authority in the prescribed manner; or

(c) occupies any new building or structure or any
newly constructed or altered part of an existing
building or structure without having first ob-
tained such certificate of occupancy in relation
thereto as is prescribed,

shall be guilty of an offence against these Bye-laws.
11. (1) Where it appears to the Authority that any

building or structure or part of a building or structure
within the Port Area —

(a) is in such a condition or is used to carry such
loads as to be dangerous, the Authority may —

(i) where the danger arises from the condition
of the building or structure, serve a notice
on the owner thereof requiring him to
execute such work as may be necessary to
obviate the danger or, to demolish the
building or structure, or any dangerous
part thereof, and remove any rubbish
resulting from the demolition within a
reasonable time to be specified in the notice;

(ii) where the danger arises from overloading
of the building or structure, serve a notice
on the owner restricting the use thereof
until all necessary work to obviate the danger
has been executed to its satisfaction; or

(b) is by reason of its ruinous, dilapidated or
incomplete condition, seriously detrimental to
the amenities of the neighbourhood, the Author-
ity may —

Failure to permit
mandatory
inspections, etc.

Dangerous
dilapidated or
incomplete
buildings or
structures.
S.I. 39/1986.

FREEPORT BYE-LAWS [CH.29 – 7


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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

(i) serve notice on the owner requiring him to
execute such works of repair and/or re-
storation and/or improvement and/or com-
pletion as may be necessary for remedying
the cause of complaint within a reasonable
time to be specified in the notice; or

(ii) serve notice on the owner requiring him to
demolish the building or structure or any
part thereof and to remove any rubbish or
debris resulting from such demolition with-
in a reasonable time to be specified in the
notice if in the opinion of the Authority the
state and condition of the building or
structure is such that the cause of complaint
cannot be remedied otherwise than by such
demolition.

(2) Any notice under the provisions of paragraph (1)
of this bye-law shall be served upon the owner of the
building or structure affected thereby in accordance with
bye-law 14.

(3) If any person on whom a notice under paragraph
(1) of this bye-law is served by the Authority for the
execution of works, or the demolition of a building or
structure or of any part of a building or structure, and the
removal of any rubbish resulting from the demolition fails
to comply with the notice within the time specified therein,
the Authority may take such steps as may be necessary to
remedy the cause of complaint in such manner and within
such time as it thinks fit and may recover the expenses
reasonably incurred by it in so doing from the person in
default, and without prejudice to the right of the Authority
to exercise those powers such person shall be guilty of an
offence under these Bye-laws.

(4) If the Authority is satisfied that any building or
structure or part of a building or structure, is in such a
condition, or is used to carry such loads, as to be
dangerous and that immediate action should be taken for
the protection of any persons whose safety may be
imperilled thereby, the Authority may shore up or fence
off the building or structure, and may recover as a civil
debt the expenses of any action reasonably taken by it
under this paragraph from the owner of the building or
structure.

CH.29 – 8] FREEPORT BYE-LAWS





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

12. (1) Where it appears to the Authority that any
seawall, bulkhead, groin or other retaining wall along an
ocean front, bay, creek, canal, lake or waterway within the
Port Area —

(a) is by reason of its cracked, broken, damaged or
eroded condition a danger to the public or to the
land appurtenant thereto or to any adjoining or
neighboring land; or

(b) is by reason of its unsightly, ruinous, dilapidated
or incomplete condition; seriously detrimental to
the amenities of the neighborhood,

the Authority may serve notice on the owner of the
seawall, bulkhead, groin or other retaining wall requiring
that owner to execute such works of repair, restoration,
improvement, or completion as may be necessary for
remedying the cause of complaint within such reasonable
time as may be specified in the notice.

(2) The provisions of paragraphs (2), (3) and (4) of
bye-law 11 shall, with the necessary changes, apply in
respect of any seawall, bulkhead, groin or other retaining
wall in like manner as they apply in respect of any building
or structure referred to in those paragraphs.

13. (1) If, at any time, it appears to the Authority
that any building or structure, or part of a building or
structure, is, due to the occurrence of flood, fire, hurricane
or any other disaster (whether caused by God or man), in
such a condition as to be dangerous to persons or property
in its vicinity, and is beyond repair, and that such danger
cannot be effectively obviated by the exercise by it of any
of the powers conferred upon the Authority by Bye-law 11,
it may cause the building or structure or part of the
building or structure to be demolished and may recover as
a civil debt the expenses incurred in so doing:

Provided that before so demolishing any building, all
articles or things within the building or its curtilage, which,
in the opinion of the person charged by the Authority with
such demolition, appear to be of value and to be capable of
being removed without endangering the safety of any
person, shall be removed and stored by the Authority until
claimed by the owner, or for a period of twelve months,
whichever may be the less:

Dangerous
dilapidated or
incomplete
retaining walls.
S.I. 51/1996.

Special
emergency
powers.
S.I. 39/1986.

FREEPORT BYE-LAWS [CH.29 – 9


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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

and provided further that any measure taken in furtherance
of the execution of the powers conferred upon the
Authority by this Bye-law shall be such as to cause as little
damage as is reasonably practicable in the circumstances.

(2) Any expenses incurred by the Authority in the
exercise of its powers under this Bye-law may be
recoverable from the owner of the building or structure
as a civil debt:

Provided that where any articles or things removed
from any building or its curtilage in accordance with this
bye-law have remained unclaimed by the owner for a
period exceeding twelve months, the same may be sold and
the proceeds of sale applied to the discharge of any such
expenses not paid by the owner and any balance remaining
thereafter shall be held in escrow by the Authority for the
benefit of the owner.

14. Any notice, order or other document which is
required or authorised by or under these Bye-laws or the
Building Code to be given to or served upon any person
may be given or served —

(a) by delivering it to that person; or
(b) by leaving it or sending it in a prepaid registered

letter addressed to him at his usual or last known
residence;

(c) in the case of an incorporated company or body,
by delivering it to their secretary or clerk at their
registered or principal office or by sending it in a
prepaid registered letter addressed to him at that
office;

(d) in the case of any notice, order or other document
which is to be given or served on the owner of
any premises, if it is impossible or is not
practicable after reasonable inquiry to ascertain
the name and address of the person to or on
whom it should be given or served, or if the
premises are unoccupied, by addressing it to “the
owner” of the premises (naming them) to which it
relates and delivering it to some person on the
premises, or, if there is no person on the premises
to whom it can be delivered, by affixing it, or a
copy of it, to some conspicuous part of the
premises”.

Service of notices
etc.
S.I. 39/1986.

CH.29 – 10] FREEPORT BYE-LAWS





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

15. Any person who contravenes or fails to comply
with any of the provisions of these Bye-laws shall be guilty
of an offence against the Act and shall be liable on
summary conviction to a fine not exceeding one hundred
and forty Bahamian dollars (B$140.00) or imprisonment
for a period not exceeding three months.

16. The production of a printed copy of the Code
upon which is indorsed a certificate purporting to be signed
and dated by the Secretary of the Grand Bahama
Port Authority, Limited stating —

(a) that the Code was made by the Port Authority in
pursuance of Clause 3(1) and (2) of the
Agreement with the Government dated the first
day of March, 1966, and that amendments made
subsequent to the coming into operation of these
Bye-laws were made with the approval of the
Minister of Health and the Minister of Works;

(b) that the said copy is a true copy of the Code with
all subsequent amendments in force on the day
specified; and

(c) that copies of such Code as amended were
available for purchase by members of the public
in the Port Area at a price not exceeding twenty-
five dollars,

shall be prima facie evidence of the facts stated in such
certificate without proof of the handwriting or official
position of the person purporting to sign such certificate in
pursuance of this bye-law.

Offences.

Proof of Code.
Read Entire Law on laws.bahamas.gov.bs