Public Health
Older House Requirements
In addition to building regulations there still remains and for certain basic public health requirements in respect of buildings in the public health legislation. The former buildings bye laws were repealed in 1992 upon the commencement of the building regulation legislation.
It is an offence to build a new house, rebuild a house without providing a sufficient water closet. The sanitary authority may require by notice that the owner or occupier of the house provides a sufficient water closet.
The sanitary authority may require a domestic waste disposal facility serving any premises house which is used as a factory or for trade or business.
Sanitary authorities have power to ensure all drains, water closets, sinks, lavatories and public conveniences within its district are constructed, ventilated and kept so as to not be a nuisance or injurious to health.
Sanitary Authority Powers
The sanitary authority has the widest powers to enter land, examine and open lands for the purpose of its responsibilities under the Public Health legislation. It is an offence for a person to obstruct a sanitary authority.
If the occupier of the premises requested fails to comply the request to state the name of the owner of the premises or disclose the owner’s name truthfully, he is guilty of an offence, unless he can explain for the satisfaction of the court a good reason for failing to do so.
It is an offence to permit anything to pass into a sewer or drain for foul or surface water, anything that impedes it or interferes with its flow.
The Public Health legislation contains offences in relation for allowing any chemical waste, steam or water above 110 degrees Fahrenheit to pass into water. Breach constitutes a continuing offence subject to penalty for each day it continues.
Toilet Facilities
A sanitary authority may provide and maintain, in proper and convenient situations, urinals water-closets privies and ashpits, and other similar conveniences for public accommodation. Sanitary authorities may make bye laws in relation to management of sanitary convenience.
Where a convenience is used in common by the occupiers of separate dwellings it is an offence to damage it or to leave it in a e condition so as to be nuisance or annoyance to any inhabitants.
Insanitary Conditions Remediation
Any person who allows the contents of any water closet privy or cesspool to overflow or soak therefrom, commits an offence, The sanitary authority shall abate or cause to be abated every such nuisance and may recover in a summary manner the expenses incurred by them in so doing from the occupier, or, in the case of houses let to weekly or monthly tenants, or in separate apartments, from the owner of the premises on which the nuisance exists.
Where the court or passage leading the back of buildings in separate occupation is not maintained, the authority may cause it to be cleared and cleaned. Expenses incurred may be recovered from the owners or occupiers of the building in front of the passage.
Building Requirements
Where a person intends to take down any building or alter the outer pay part of a building adjoining a street, he must put up hoarding before work begins to separate the building from the street. A covered footpath and lighting must also be provided for passers outside as such hoarding if so required.
Every building which is used as a place of public resort must be constructed with sufficient means of safe and convenient access taking into account the number of persons intending to use the same and the number of persons likely to be there at any one time.
All vaults, arches or cellars under a street and opening into them, arches, lights, gratings and coal holes must be kept in a good condition and repaired by the owners and occupiers of the houses to which they belong. The sanitary authority may serve notice to require repairs and may recover the cost of repairing if the owners or occupiers failed to do so.
The means of the access must be kept free and unobstructed to the extent required by the sanitary authorities while being used as a place of public resort. Sanitary authorities’ officers have power to enter the building to ensure compliance. Use of the building and contravention is an offence.
Where an alteration is required to give proper access, the court may refuse to impose a penalty until time has been given to carry out works. In the meantime, the court may order a closure or restriction of the use of the building as it seems fit.
Footpath & Boundaries
Where a footpath in any street is damaged in consequence of excavations or adjoining works, the local authority may repair the same and recover the costs from the person responsible.
Where any building wall or fence structure or other things, including excavations, ponds and streams adjoining or abutting a street or public footpath is dangerous, the local authority may give notice requiring the owner to repair, remove, protect or enclose the thing concerned If the owner fails to comply, the authority may undertake the necessary works and recover the cost.
Where land adjoining a street is unfenced or the fence is in a state of repair such as to be a danger to persons, a procedure exists by which local authority may require the owner or occupier to fence the land. The local authority may fence the land in default and recover the cost.
Any hoardings or structures abutting street must be securely fixed to the satisfaction of the authority.
Places of Entertainment & Events
Where large numbers of persons who are likely to assemble for public event, a place that’s used or intended to be used to afford sitting or standing accommodation must be safely constructed to the satisfaction of the surveyor of the authority. It is offence to any person to allow a roof, platform, balcony or structure which is not safely constructed or secured to be used for any such purpose.
The authority has power to make byelaws and inspect outdoor entertainment. for the prevention of danger from whirligigs and swings when such whirligigs and swings are driven by steam power, and from the use of firearms in shooting ranges and galleries. This has been superseded by legislation in respect of licensing of events.
The Public Health legislation makes provision for music and dancing licenses for places used for public entertainment. See our section on intoxicating liquor.
Temporary Dwellings
The 1948 legislation applies to temporary dwellings which means any tent, van, caravan or conveyance, shared house or similar structure or a vessel on inland water intended for human habitation or adapted for such use.
A temporary dwelling may be deemed a nuisance e and thereby subject to the sanitary authorities powers where it is in such state as to be a nuisance or injurious to health or its use whether by the reason of the absence of facilities, conveniences, overcrowding or other cause gives rise to a nuisance or conditions injurious to health.
A notice for abatement of the nuisance may be served on the occupier. The proceedings mentioned separately in respect of abatement for nuisance and the corresponding local authority powers apply. A court before may on application by the authority prohibit or restrict the erection of temporary dwellings or vessels in the place specified.
Licence and Consent
The 1948 Sanitary Services act allows local authorities to grant lands to occupiers for the purpose of camping. The legislation must be brought into force by the Minister for the particular local authority area concerned. The authority may be given to temporary organisations with the consent of the owner.
Before granting a license, the local authority must consult with the Tourism Authority. Conditions may be attached to license dealing with
- Maximum number of temporary  dwellings,
- nature and external appearance and size,
- layout of lands,
- space between temporary dwellings,
- distance from the road.
The licenses may also deal with water supply, sanitary conveniences, , means of access, orderly behaviour, appointment of an warden, and inspection by the local authority.
The licence is to come into force if no objection is made 15 days after the grant. Persons aggrieved  by the decisions or refusal or the imposition of conditions may object and appeal to the Department. The Department after consideration of objections on consultation with local authority may either reject the objection or direct the sanitary authority to withdrawn or grant the license.
Camping
The occupier of land may not use it for camping for more than 18 consecutive days or 36 days within a 12 month period unless a  licence under the legislation is held.
Land which is the site of a temporary dwelling and all land which is within one hundred yards of the site and of which the occupier is the occupier of the site is deemed  land used for camping.
If a temporary dwelling is removed from the site on which it stands, but within forty-eight hours is brought back to the same site or another site within one hundred yards thereof, then for the purpose of reckoning any such period of 18 consecutive days it is deemed not to have been removed;
The provision does not restrict the use of land for camping if
- the land is agricultural and the camping is carried on for the same seasons in each year by the persons engaging in farming on the  land
- the land is occupied with a permanent dwelling situated on or in the vicinity of the land, and the camping is carried on by no other person that the occupier and members of his household.
Contravention of the legislation is an offence and prosecutable summarily with a maximum fine of €1,270 euro.
Burial Grounds
Sanitary authorities have power to provide burial grounds. They may purchase lands for the purpose of making or adding to cemetery.
The sanitary authority has powers in relation to the management of burial grounds. It may restrain the opening of new burial grounds and order the discontinuance of an existing burial grounds.
Burial in a grave vault or a place of interments which has been used as the burial place of a family is not the permissible without their consent of the family concerned.
Animals may not be buried within limits of a burial ground.
Burial Ground Management
Sanitary authorities are responsible for the general management of burial grounds within their district. The Department of the Environment has power to make rules and regulations in relation burial grounds and registration of interments.
The local authority may require that burial ground may be fenced other than those within the curtilage of a church or similar premises. It may serve a notice requiring a burial ground to be kept in a proper and decent order. The sanitary authority may undertake works and recover the expenses if the notice is not complied with.
Sanitary authorities may accept the management of a burial ground within its district. If it does so, it assumes the various responsibilities it would have in respect of its own managed cemetery.
A sanitary authority may charge fees in respect of interments in the burial grounds. They must register all burials within its district.
The sanitary authorities have powers to make bye laws. Noncompliance is subject on summary conviction to a fine up to €1,270 for offences which breach the byelaws.