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HEALTH (TREATMENT OF SEWAGE AND DISPOSAL OF EFFLUENT AND LIQUID WASTE) REGULATIONS 1974 - REG 38

38 .         Minimum flush fixtures and fittings generally

        (1)         Notwithstanding the provisions of any other Part of these regulations and the plumbing standards where —

            (a)         inspections and tests have been made, and it is not possible to dispose of effluent to a septic tank used with a water closet pan that complies with the plumbing standards; or

            (b)         where there is insufficient water to operate a flush of 3.5 litres or more at all times,

                the Chief Health Officer may, provided that he is satisfied that satisfactory means of disposal of effluent can thereby be made available and that no nuisance will be created, approve the use of an alternative fixture and fitting comprising a cistern flushing arrangement and pan (herein referred to as minimum flush fixtures and fittings ) of a design approved by the Chief Health Officer, in which event the modifications set out in regulations 38 and 39 may be made.

        (2)         The Chief Health Officer shall not approve a type of minimum flush fixtures and fittings unless —

            (a)         the pan complies with the provisions of the plumbing standards except that the trap may be omitted and replaced by a mechanically operated sealing device; and

            (b)         the seal is maintained by water or by a sealing device held in close contact with the pan outlet and the seal is maintained at all times except when the fitting is in use; and

            (c)         the design of the sealing device is such that force is required to open it and that it shall return to the closed position automatically after the pan is flushed; and

            (d)         the mechanism of the sealing device is readily accessible, reliable and not adversely affected by corrosive atmosphere; and

            (e)         the pan is capable of being flushed with 1 litre of water and the manufacture of the minimum flush fittings shall brand in an approved manner the flushing capacity thereof and for testing purposes the fittings shall flush with the quantity of water so indicated as the flushing capacity.

        (3)         Fixtures and fittings approved under this regulation shall be tested in suites and be clearly marked, and shall be so sold.

        [Regulation 38 amended: Gazette 29 Jun 1984 p. 1781; 29 Jul 1997 p. 4083; 28 Jun 2004 p. 2395; 10 Jan 2017 p. 287‑8.]



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