Taxonomies
Buffalo City
South Africa
South Africa
Environmental Health By-law, 2010
- Published in Eastern Cape Provincial Gazette 2459 on 22 October 2010
- Commenced on 22 October 2010
- [This is the version of this document from 22 October 2010 and includes any amendments published up to 7 June 2024.]
Chapter 1
Interpretation, purpose and principles
1. Definitions and interpretation
2. Purpose
The purpose of this by-law is to enable the Coundl to protect and promote the long term health and well-being of people in the municipal area by-3. Principles
4. Application of principles
The principles set out in section 3 must be considered and applied by any person -Chapter 2
Suppression and prevention of health nuisances
5. Health nuisances
6. Overgrown property
No owner or occupier of any erf may allow it to be overgrown with bush, weeds or grass or other vegetation, except cultivated trees, shrubs and grass, to such an extent that, in the opinion of the Council, it may be used as a shelter by vagrants, wild animals or vermin or may threaten the health or the safety of any member of the community.7. Overcrowding and health nuisances on premises
No person shall occupy or cause or permit to be occupied any premises for habitable purposes so as to be a health nuisance, whether by overcrowding or otherwise.8. Maintenance of common areas of premises
The owner of any premises, which is let or sublet to more than one tenant, shall maintain at all times in a clean and sanitary condition every part of such premises as may be used in common by more than one tenant.9. Pollution of sources of water supply
No person may pollute or contaminate any catchment area, river, canal, well, reservoir, filter bed, water purification or pumping works, tank, cistern or other source of water supply or storage.10. Furnishing of particulars of the source of water
11. Compulsory use of sewerage disposal system approved by Council
Every owner and occupier of premises must use the sewerage and waste water disposal system approved by the Council for those premises.12. Maintenance and cleanliness of sanitary systems
No owner of occupier of any premises shall -13. Disposal of sewage and wastewater without causing a health nuisance
No person may dispose of sewage or waste water from any bath, wash-hand basin, toilet, shower or kitchen sink in a way or in a location that may -14. Blocked or defective outlet pipes
Every owner or occupier of premises must keep any drainage system free from obstruction and in a good condition.15. Toilets for workers
Every contractor must provide his or her workers with toilet facilities as prescribed by the National Building Regulations and Building Standards Act.16. Dangerous wells, boreholes and excavations
Every owner or occupier of premises must ensure that any well, borehole or other excavation located on his or her premises -17. Slaughter of animals at places other than abattoirs
18. Dead animals not to cause a health nuisance
No person shall permit the carcass of any animal, including animals kept as pets, being his property or of which he is in charge, to be buried or disposed of in such a manner as to cause a health nuisance; the burial or disposal to be carried out in a manner that may be prescribed by Council.Chapter 3
Keeping of animals, poultry and bees
19. Definitions
In this Chapter, unless the context otherwise indicates -"animal" means horse, pony, mule, donkey, cattle, pig, sheep, goat, ostrich, camel, rabbit, reptile, indigenous animal and other wild or exotic animal, but excludes dogs and cats kept as domestic pets;"cattery" means any establishment where cats are bred or boarded;"kennel" means any establishment that has as its business the breeding, training or boarding of dogs and includes pounds whether operated by the State or otherwise;"pet" means a domestic animal, bird or poultry kept for companionship or amusement;"pet parlour" means an establishment where pets are brushed, cleaned and groomed;"pet shop" means an establishment where pets are kept for trading purposes;"poultry" means any fowl, goose, duck, pigeon, dove, turkey, muscovy, guinea-fowl, peacock and/or peahen or bird whether domesticated or wild;"proclaimed township" means an approved township as contemplated in sections 79, 103, 111 and 141(4) of the Town Planning and Townships Ordinance, 1986, (Ordinance No. 15 of 1986), or a township approved in terms of any prior law relating to townships;"structure" means any stable, shed, pigsty, aviary, covering structure, poultry house, loft or building used for the keeping, housing or enclosing of animals and poultry.General requirements relating to the keeping of animals and poultry
20. Numbers of animals and poultry and provisions for permits
21. Plans for structures
22. General requirements relating to structures housing animals and poultry
23. Premises to be kept clean
Specific requirements relating to the keeping of animals
24. Permit provisions
In order to promote public health no person shall keep, or permit to be kept, any animal other than an approved pet on an erf in a proclaimed township, or other area as may be designated by Council, without the written permission of the Council.25. Removal/impoundment of animals kept without a permit
26. Siting of structures for the keeping of animals
Specific requirements relating to the keeping of poultry
27. Permit provisions
No person may keep poultry on an erf in a proclaimed township or more than 1000 poultry on premises zoned for agricultural purposes except in terms of a permit issued by Council authorising that activity.28. Structures for the keeping of poultry
Dog kennels and catteries
29. Permit required
No person may use any premises as a kennel or a cattery, wherever situated, except in terms of a permit issued by Council authorising that activity.30. Requirements for premises
Every kennel and cattery shall comply with the following requirements-Pet shops and pet parlours
31. Permit required
No person may use any premises as a pet shop or pet parlour, wherever situated, except in terms of a permit issued by Council authorising that activity.32. Requirements for premises
No person shall conduct a business of a pet shop or pet parlour in or upon any premises-33. Duties of trader
Every person who conducts the business of a pet shop shall -Keeping of bees
34. Permit and requirements
Keeping of and slaughtering animals for religious and cultural purposes
35. Written permission required
36. Requirements
Any person who keeps an animal on premises in a proclaimed township for the purpose of slaughtering it for religious or cultural purposes must-37. Withdrawal of Councils permission for keeping of animals, poultry and bees
38. General provisions relating to the keeping of animals, poultry and bees
Chapter 4
Medical waste management
39. Application
This by-law applies to all persons who generate, collect, receive, store, transport, treat, dispose of, or handle health care risk waste in any form in the municipal area.40. Definitions
In this chapter, unless the context otherwise indicates -"consignment" means each individual load of health care risk waste, comprising one or more containers containing health care risk waste, transported by a health care risk waste transporter;"controlled combustion treatment" means any method, technique or process for microbial inactivation or for otherwise altering the biological, chemical or physical characteristic of health care risk waste so as to render the material unrecognisable and render all sharps unusable, and ensure that all blades are broken, and in order to reduce the hazards which the health care risk waste presents and to facilitate disposal by means of, typically, a controlled combustion technology;"domestic health care risk waste generator" means a household or other facility which generates reasonably minimal quantities of health care risk waste, such as plasters, bandages, nappies or sanitary pads, during the course of daily life; but does not include households or facilities which generate health care risk waste such as sharps waste, or households where there is one or more chronically ill persons requiring the use of equipment such as a dialysis machine;"genotoxic waste" includes certain cytostatic drugs, vomit, urine, or faeces from patients treated with cytostatic drugs, genotoxic substances or chemicals which have mutagenic, tetratogenic or carcinogenic properties;"health care general waste" means the non-hazardous component of health care waste and can include liquids but excludes any health care waste generated from isolation wards;"health care risk waste" means waste capable of producing an infectious disease. Health care risk waste includes any of the following -(a)laboratory waste, including, but not limited to, all of the following -(i)human or animal specimen cultures from health care and pathological laboratories;(ii)cultures and stocks of infectious agents from research and industrial laboratories;(iii)wastes from the production of bacteria, viruses, or the use of spores, discarded, live and attenuated vaccines, and culture dishes and devices used to transfer, inoculate, and mix cultures; and(iv)waste containing any microbiological specimens sent to a laboratory for analysis;(b)human surgery specimens or tissue removed at surgery or autopsy;(c)animal parts, tissues or fluids suspected or known to be infected with any zoonotic disease;(d)waste, which at the point of transport from the generator's site, or at any point thereafter, contains recognizable fluid blood, fluid blood products and containers or equipment containing blood that is fluid or blood from animals known to be infected with any zoonotic disease;(e)waste containing discarded materials contaminated with excretion, exudates, or secretions from humans or animals who or which are required to be isolated by infection control staff, the attending physician or surgeon, the attending veterinarian, or the local health officer, in order to protect others from highly communicable diseases or from isolated animals known to be infected with any zoonotic disease;(f)all waste generated in isolation wards;(g)infectious liquids;(h)sharps waste;(i)chemical waste which consists of discarded solid, liquid, and gaseous chemicals, including pharmaceutical waste and other hazardous waste from diagnostic and experimental work and from cleaning, housekeeping, and disinfecting procedures;(j)waste containing any radio-active material;(k)any waste, specimen, tissue, fluid, liquid, or sharp which resembles health care risk waste."health care waste" is health care general waste and health care risk waste;"health care waste generator" means any person, whose acts or processes produce health care waste and includes, but is not limited to -(a)home based care givers and organisations;(b)medical and dental practitioners, clinics, hospitals, surgery centres, laboratories, research laboratories, and general practitioners;(c)veterinary practitioners, clinics, and hospitals;(d)traditional healers; and(e)tattoo artists, body pierces, undertakers, and embalmers."health care risk waste transfer station" means any person who receives but does not treat health care risk waste. Health care risk waste transporters who store health care risk waste are also health risk care waste transfer stations;"leak proof container" means a container which is constructed of impermeable material and has a strength sufficient to preclude ripping, tearing, or bursting under normal conditions of usage and handling of the waste-filled container;"major generator of health care waste" means a generator of health care risk waste that, in the opinion of an authorised official, generates such quantities of such waste that it may deemed to be a major generator;"parametric monitoring" is the monitoring of compliance of a health care risk waste treatment facility with the requirements of this by-law using operating parameters such as time, temperature, pressure, or size as an indicator of treatment efficiency;"pathological waste" is that waste that includes tissues, organs, body parts, human foetuses and deceased animals infected with zoonotic diseases, blood, and body fluids, but excludes teeth, hair and nails;"pharmaceutical waste" means all pharmaceutical products and medicinal chemicals that are no longer usable in patient treatment and which have been returned to patient care areas, and that have become outdated or contaminated or are no longer required, as well as items contaminated with cytotoxic pharmaceuticals;"performance testing" is the testing conducted at a non-combustion health care risk waste treatment facility prior to the facility being issued with an authorisation in terms of the this by-law, which testing is carried out using typical and representative health care risk waste or a challenged load;"puncture resistant container" means a rigid container which, when sealed cannot be re-opened without difficulty and which is not easily penetrated under normal use;"reduced monitoring" is the reduced monitoring regime which may be carried out by a health care risk waste treatment facility after a period of documented compliance with all performance requirements in terms of this by-law;"sharps container" means a puncture resistant container so designed to limit unauthorised access to the contents, and which is spill proof under normal handling conditions;"sharps waste" includes any device having acute rigid corners, edges, or protuberances capable of cutting or piercing, including, but not limited to, all of the following;(a)hypodermic needles, syringes, blades, and needles with or without attached tubing; and(b)broken glass items, such as Pasteur pipettes and blood vials contaminated with health care risk waste;"storage" means the holding of health care wastes in a manner that does not constitute treatment or disposal of health care risk waste;"tracking document" means the health care waste-tracking document specified in this by-law;"transport" means the movement of health care risk waste from the point of generation to any intermediate point and finally to the point of treatment or disposal. Transport does not include the movement of health care risk waste from a health care risk waste generator to another health care risk waste generator for the purposes of testing and research, or internal transport;"transport operator" means a person or enterprise engaged in the transportation of health care risk waste;"treatment" means any method, technique, or process designed to change the biological character or composition of any health care waste so as to eliminate its potential for causing disease, pollution impact on the environment and risk to health.41. Registration
All health care risk waste generators, transporters, transfer stations and treatment facilities must be registered with Council in order to generate, transport, store or treat health care risk waste -42. General prohibitions
43. Segregation
44. Waste minimisation, re-use and recycling
Where ever possible health care risk waste generators must manage the impacts of health care risk waste in its operations by minimising and eliminating the generation of health care risk waste at source.45. Packaging
Internal transport
46. General requirements
47. Collection from point of generation
Health care risk waste at all major generators shall-48. Internal transport between point of generation and storage facility
49. On site storage
50. General transportation requirements
51. Tracking documents for the transportation of health care risk waste
52. Standards for disinfection of reusable medical containers and vehicles
Any person who undertakes the disinfection of reusable medical containers and vehicles shall -(a)develop written and documented standard operating procedures for conducting of this operation; it shall include relevant methodologies for microbial indicator organisms and indicator methodologies for disinfectant strengths;(b)establish a quality control/assurance system to monitor the effectiveness of the disinfection process and all operational quality control/assurance methods will be documented;(c)ensure that all bacterial samples are processed by an accredited laboratory;(d)the sampling regime includes samples from pre and post disinfection;(e)compile a monthly report recording information on the quality control/assurance system and the microbial results of the sampling process data and this will be kept for the perusal by the authorities; for a period of three years.Minimum environmental, health and safety performance standards for health care risk wastetreatment facilities.
53. Atmospheric emissions
All persons operating a health care risk waste treatment facilities shall ensure that -54. Discharge to sewer
All persons operating a health care risk waste treatment facilities shall ensure that Department of Environmental Affairs and Tourism and Council permit requirements relating to sanitation are adhered to.55. Solid waste residues after treatment
56. Microbial inactivation standards
57. Performance testing requirements
58. Regular testing programme
59. Reduced routine testing programme
Chapter 5
Accommodation establishments
60. Definitions
In this Chapter unless the context otherwise indicates -"accommodation establishment" means any premises in which accommodation is provided for gain to five or more people, with or without meals;"boarder" means any person to whom lodging or both lodging and meals in an accommodation establishment is or are supplied by the proprietor for reward or gain;"overcrowding" means(a)a residential occupancy in excess of 12 occupants per sanitary convenience; and/or(b)occupancy of habitable rooms (being all rooms in a dwelling excluding kitchens, bathrooms and sanitary conveniences) utilised for sleeping purposes where such occupation exceeds 1 adult person per 4 m² and/or 1 child under 10 years of age per 2 m², or in situations where double bunks are used for sleeping purposes, occupation exceeds 3m² per adult person (occupying a double bunk bed) and/or 2m² per child under 10 years occupying a double bunk."proprietor", in relation to an accommodation establishment, means the natural person who carries on or who is charged with carrying on business by supplying lodging or both lodging and meals for reward or gain and includes an owner of said property.61. Requirements for premises
Every accommodation establishment shall comply with the following requirements -62. Duties of the proprietor
Chapter 6
Hairdresser and barber
63. Definitions
In this Part, unless the context otherwise indicates -"hairdresser or barber" means a person who carries on business by cutting, shaving, shampooing, curling, straightening or otherwise treating or removing people's hair or beards or providing beauty treatment for reward or gain;"styptic" means a substance applied to stop bleeding.64. Requirements for premises
65. Minimum required health standards
Any person operating a hairdresser or barber business, or employed in such a business must -66. Exemptions
67. Provisions apply to beauty and similar treatment
The provisions of this by-law shall apply mutatis mutandis to any beauty treatment, manicuring or similar treatment.Chapter 7
Tattooing and body piercing of humans
68. Requirements
Chapter 8
Child care facilities
69. Definitions
In this Part, unless the context otherwise indicates-"child care facility" means any premises maintained or used, whether for profit or otherwise, for the temporary or partial care of 7 or more children under 18 years of age apart from their parents, but does not include any boarding school, school hostel or any establishment which is maintained or used mainly for the tuition or training of children and which is controlled by or which has been registered or approved by the State.70. Written permission required
71. Conditions for operation of a child care centre
72. Withdrawal of Councils permission to operate a child care facility
Permission of the operating of a child care facility may be withdrawn by Council at any time if -73. General provisions relating to the operation of a child care facility
Chapter 9
Swimming pools and spa-baths
74. Definitions
In this Chapter, unless the context otherwise indicates -"spa-bath" means a structure constructed of an approved material, provided with a controlled circulating water supply and used for bathing, excluding a spa bath situated at a private home which is not used for commercial purposes;"spa-bath keeper" means any person who owns or controls the operation of a spa-bath;"swimming pool" means a structure with a controlled water supply used for swimming or bathing, including a children's swimming and paddling pool, but excluding a swimming pool at a private home which is not used for commercial purposes;"swimming pool keeper" means any person who owns or controls the operation of a swimming pool.75. Requirements for premises
No person may operate a swimming pool or spa bath in or on any premises which do not comply with the following requirements -76. Duties of spa-bath keepers
Every spa-bath keeper must -77. Duties of swimming pool keepers
Every swimming pool keeper must -78. Water supply
79. Safety of water
Every spa-bath keeper and swimming pool keeper must ensure that the water in the spa-bath keeper and swimming pool complies with the following requirements -Chapter 10
General provisions
80. Right of entry and inspection
81. Service of documents and process
82. Municipal remedial work
The Council may, subject to the provisions of any other law, enter any premises and do anything on the premises that it reasonably considers necessary -83. Cost orders
84. Offences and penalties
85. Exemptions
Notwithstanding the provisions of this by-law, the Council may exempt any person and/or class of persons from any or all of these requirements and may impose any other requirements it deems appropriate.86. Repeal of by-law
Any by-law promulgated by the municipality or any erstwhile municipal council presently comprising an administrative unit of the municipality and pertaining to any matter regulated in this by-law shall be repealed from the date of promulgation of this by-law.87. Commencement
The date of commencement of this by-law shall be the date of publication in the Provincial Gazette.History of this document
22 October 2010 this version
Cited documents 3
Legislation 3
1. | Constitution of the Republic of South Africa, 1996 | 4488 citations |
2. | Local Government: Municipal Systems Act, 2000 | 4376 citations |
3. | Meat Safety Act, 2000 | 118 citations |