Chapter XXV: Defects in Dwelling-Houses, &c

There are many defects in dwelling-houses with which it is the duty of the sanitary inspector to deal, such as the Bakehouse Regulations Act, offensive trades, nuisances rendering houses unfit for human habitation, &c., but I propose to give in this chapter, in addition to those with which I have already dealt, such subjects under this head as come within the duties of the town surveyor.

The first which I propose to treat is that of the question of

_Cellar Dwellings._--These are at all times objectionable even if the clauses of the Public Health Act 1875 be strictly carried out, and the surveyor should discourage them as much as possible. Nothing more can be said with reference to them than is contained in the provisions of the above Act, which are as follows:[202]

“It shall not be lawful to let or occupy or suffer to be occupied separately as a dwelling, any cellar (including for the purposes of this Act in that expression any vault or underground room) built or rebuilt after the passing of this Act, or which is not lawfully so let or occupied at the time of the passing of this Act” (38 & 39 Vic. c. 55, s. 71).

And with regard to existing cellar dwellings they are only to be let or occupied on the following conditions:--

“Unless the cellar is in every part thereof at least seven feet in height, measured from the floor to the ceiling thereof, and is at least three feet of its height above the surface of the street or ground adjoining or nearest to the same; and

“Unless there is outside of and adjoining the cellar and extending along the entire frontage thereof, and upwards from six inches below the level of the floor thereof up to the surface of the said street or ground, an open area of at least two feet and six inches wide in every part; and

“Unless the cellar is effectually drained by means of a drain, the uppermost part of which is one foot at least below the level of the floor thereof; and

“Unless there is appurtenant to the cellar the use of a watercloset, earthcloset, or privy, and an ashpit, furnished with proper doors and coverings, according to the provisions of this Act; and

“Unless the cellar has a fireplace with a proper chimney or flue, and an external window of at least nine superficial feet in area clear of the sash frame, and made to open in a manner approved by the surveyor (except in the case of an inner or back cellar let or occupied along with a front cellar as part of the same letting or occupation, in which case the external window may be of any dimensions, not being less than four superficial feet in area clear of the sash frame).

“Provided that in any area adjoining a cellar there may be steps necessary for access to such cellar, if the same be so placed as not to be over, across, or opposite to the said external window, and so as to allow between every part of such steps and the external wall of such cellar a clear space of six inches at the least, and that over or across any such area there may be steps necessary for access to any building above the cellar to which such area adjoins, if the same be so placed as not to be over, across, or opposite to any such external window” (38 & 39 Vic. c. 55, s. 72).

Where two convictions in respect of the same cellar have taken place within three months, the local authority may close it, and recover any expenses incurred by them in the execution of this duty (38 & 39 Vic., c. 55, s. 75).

The next defect in a dwelling-house which will be considered is that of

_Insufficient W.C. accommodation._--A new house may not be erected without “a sufficient watercloset, earthcloset,[203] or privy” under a penalty not exceeding twenty pounds[204] (38 & 39 Vic. c. 55, s. 35).

And with regard to existing premises:

“If a house within the district of a local authority appears to such authority _by the report of their surveyor_ or inspector of nuisances to be without a sufficient watercloset, earthcloset, or privy . . . . the local authority shall by written notice require the owner or occupier of the house within a reasonable time therein specified, to provide a sufficient watercloset, earthcloset, or privy . . . . or either of them as the case may require. If such notice is not complied with the local authority may, at the expiration of the time specified in the notice, do the work, provided that where a watercloset, earthcloset, or privy has been and is used in common by the inmates of two or more houses, or if in the opinion of the local authority a watercloset, earthcloset, or privy may be so used, they need not require the same to be provided for each house” (38 & 39 Vic. c. 55, s. 36).

If the local authority approve, an earthcloset may be constructed instead of a watercloset, but in this case they should make arrangements for the supply of the dry earth and the removal of its contents.

The necessary form of notice to be served in connection with insufficient w.c. accommodation may be as follows:

_To the owner of the house No. in the borough of ._

Whereas the above-mentioned house is situate within the district of
the mayor, aldermen, and burgesses of , the urban sanitary
authority for the borough of : And whereas it appears to the
said urban sanitary authority that the said house is without a
sufficient watercloset, earthcloset, or privy: Now the said urban
sanitary authority do hereby require you, the said owner, within
from the date of this notice to provide a sufficient
watercloset for the use of the inhabitants of the said house. And take
notice, that if you do not within the time above specified provide a
sufficient watercloset, as aforesaid, to the satisfaction of the said
urban sanitary authority, they will themselves, at the expiration of
such time, do the necessary work to provide such closet accommodation
as aforesaid, and proceed to recover the costs and expenses thereby
incurred in manner provided by the Public Health Act 1875.

Dated this of , 188 .

______________________________
_Surveyor to the said Mayor, Aldermen and Burgesses._

And where the case demands, the following note may be added below the above notice:

“NOTE.--The urban sanitary authority may, if they so determine,
require a separate watercloset to be provided for each house, or they
may permit a watercloset to be used in common by the inmates of two or
more houses,[205] but in either case the closet itself must be
properly constructed and provided with due means of ventilation. The
urban sanitary authority will approve of the existing closet
accommodation if it is perfected by means of the following works being
carried out. (Specification of work required to be done must here be
inserted.) The whole of the work to be executed in a workmanlike
manner and to my entire approval.

“It is, however, to be understood that the above notice requiring the
work to be executed within one month will be rigidly enforced; and if
at the expiration of that time the work be not completed, the urban
sanitary authority will themselves proceed to execute the necessary
work to provide proper closet accommodation in such manner as they may
deem most advisable, without pledging themselves to the adoption of
the method above suggested.”

______________________________
_Surveyor to the said Mayor, Aldermen and Burgesses._

With regard to watercloset accommodation for factories, it appears to rest entirely with the town surveyor to draw the attention of the sanitary authority to any case where he considers this is deficient, as by the following clause:

“Where it appears to any local authority by the report of their surveyor that any house is used or intended to be used as a factory or building in which persons of both sexes are employed or intended to be employed at one time in any manufacture, trade, or business, the local authority may, if they think fit, by written notice require the owner or occupier of such house, within the time therein specified, to construct a sufficient number of waterclosets, earthclosets, or privies and ashpits for the separate use of each sex.

“Any person who neglects or refuses to comply with any such notice shall be liable for each default to a penalty not exceeding twenty pounds, and to a further penalty not exceeding forty shillings for every day during which the default is continued” (38 & 39 Vic. c. 55, s. 38).

In providing closet accommodation which is to be used in common by the occupants of a number of houses, it must be remembered that it should be of the most simple description. Any one acquainted with the working of waterclosets situated in courts and alleys will know how badly they are treated, and into what a fearful state of disrepair and filth they speedily fall, as the great difficulty the sanitary inspector always finds is to have them kept clean; “What is everybody’s business is nobody’s.” And although by clauses 40, 41, 46, &c., of the Public Health