(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.]