Government Gazette

Vol. 415, No. 20796, 14 January 2000

Regulation Gazette, No. 6715

No. R. 21

DEPARTMENT OF HEALTH

HEALTH ACT, 1977 (ACT No. 63 of 1977)

PROPOSED REGULATIONS FOR THE CONTROL OF ENVIRONMENTAL CONDITIONS CONSTITUTING A DANGER TO HEALTH OR A NUISANCE

The Minister of Health intends, in terms of sections 34(a), (d), (f) and (j), 36(d), 37(a), 38(1)(a) and 39(1) of the Health Act, 1977 (Act No. 63 of 1977), and in terms of the corresponding provisions of the laws governing public health in force in any part of the national territory of the Republic, after consultation with the Minister of Agriculture in accordance with section 36 and the Minister of Water Affairs and Forestry and of Environmental Affairs and Tourism in accordance section 36, 37 and 38(1) of the said Act and having complied with the corresponding provisions of the said laws, to make the regulations in the Schedule.

Interested persons are invited to furnish the Minister with any comments or representations on these regulations, by lodging such comments or representations with the Director-General: Health, Private Bag X828, Pretoria, 0001 (for the attention of the Chief Director of Environmental and Occupational Health), within three months of the date of the publication of this notice

SCHEDULE

CHAPTER 1

INTRODUCTION

Definitions

1. (1) In these regulations any expression to which a meaning has been assigned in the Act shall bear such meaning and, unless the context otherwise indicates -

"accommodation" means

1. a dwelling; and
2. any place, including any vehicle, boat or other vessel, in which human beings work;

"biomedical material" includes

1. human and animal anatomical material, such as tissue, organs, body parts, products of conception and animal carcasses;
2. non-anatomical human and animal material, which is deemed to be blood, body fluids, extracted teeth, nail clippings and hair;
3. medical equipment such as blood bags, intravenous fluid containers or tubes, colostomy or catheter bags, bandaging, blood collection tubes, medication vials and ampoules, microscope slides and other laboratory glass, injection syringes and needles, surgical blades and any other clinical items capable of causing a cut or puncture or injection;
4. human and animal vaccines, pharmaceutical products such as drugs and medicines, and chemicals and chemical compounds that are genotoxic;

"corpse" means the body of any deceased human being, including the body of a stillborn child;

"medical waste" includes any waste biomedical material of the following categories:

1. Class A - Anatomical waste

Human and animal anatomical waste as contemplated in item (a) under the definition of "biomedical material" (excluding blood and body fluids, extracted teeth, nail clippings and hair).

2. Class B - Infectious non-anatomical waste

Any waste known or clinically assessed to be at risk of being contaminated with micro-organisms and capable or suspected of transmitting and reasonably likely to transmit disease, such as microbiological laboratory waste from surgeries and autopsies performed on patients with communicable diseases and all contaminated waste (leftover food, blood, body fluids, teeth, hair, etc.) from infectious patients, and discarded vaccines.

3. Class C - Sharps and similar waste

Any clinical item capable of causing a cut or puncture, including but not limited to needles, syringes, blades, clinical glass and similar articles.

4. Class D - Pharmaceutical and genotoxic chemical waste

1. All pharmaceutical products and medicinal chemicals that are no longer useable in patient treatment and have been returned from patient care areas, and that have become outdated or contaminated or have been stored improperly or are no longer required, and items contaminated with cytotoxic or radioactive pharmaceuticals.
2. Chemical waste from diagnostic or experimental work or any other use which is genotoxic (carcinogenic, mutagenic, teratogenic or otherwise capable of altering genetic material),

5. Class E - Radioactive waste

All waste that should be handled and disposed of in accordance with the Nuclear Energy Act, 1993 (Act No. 131 of 1993);

"nuisance" means, complementary to the exposition in section 1 of the Act, the following specified activities, conditions or things hereby declared to be a nuisance in terms of section 39(2) of the Act:

Any activity, condition, premises or, thing which, on account of effluent, smoke, vapours, gas, dust, chemical effluvia, odours, noise, vibration, radiation, refuse, waste products, dirt, chemical or biochemical material, microbial infection, vermin, vegetation, overcrowding, lack of proper general hygiene, ventilation, lighting, design, situation or on account of any other cause or practice whatsoever, is/are injurious or dangerous to health or which is/are offensive, including, without affecting the generality of the aforegoing, any facility for the storage, distribution or handling of water that is likely to be used by man for domestic purposes or consumption, including such water itself, which is contaminated or polluted;

"scheduled trade" means a business, trade, occupation or activity referred to in Annexure 1 of these regulations;

"the Act" means the Health Act, 1977 (Act No 63 of 1977);

"vermin" means rodents, and includes lice, fleas, cockroaches, flies and any other creature which may infest humans, animals or premises.

(2). A reference in these regulations to " local authority" shall be interpreted as a reference to -

1. the Director-General -

1. where the local authority concerned -

27. has failed to comply with a notice issued in Hereof section 15(1) of the Act; or
54. has, by notice in terms of section 20(5)(a) of the Act, been relieved of the power or duty concerned;

2. in respect of an area where there is no local authority as contemplated in section 30(1) of the Act;

2. the member of the Executive Council for Health of a province where the local authority concerned has failed to comply with a notice issued in terms of section 18(1) of the Act.

CHAPTER 2

NUISANCES IN GENERAL

Prohibition of a nuisance

2. No person shall cause a nuisance or permit a nuisance to exist.

Abatement of a nuisance

3. (1) If there is reason to believe that -

1. a nuisance exists; or
2. an activity referred to in regulation 4 is being conducted in such a manner that there is a substantial risk of a nuisance arising,

the local authority may serve a written notice on the author of the nuisance or, if he or she cannot be identified, on the owner or occupier of the premises on which such nuisance exists or activity is conducted, calling on him or her to abate the nuisance or prevent the risk, as the case may be, within such period and according to such prescriptions and measures, if any, as may be specified in such notice.

(2) If a person on whom a notice referred to in subregulation (1) was served fails to comply with the terms of such notice, such person shall be guilty of an offence and the local authority may -

1. enter the premises in question and take all such steps as may be necessary to abate the nuisance or prevent the risk, as the case may be, and may recover the costs of so doing from such person;
2. in the case of an activity referred to in regulation 4(1), suspend the registration concerned until the nuisance has been abated or the risk has been prevented, as the case may be.

CHAPTER 3

REGISTRATION OF PREMISES WHERE CERTAIN ACTIVITIES ARE CONDUCTED

Registration required to carry on a scheduled trade or bury a corpse

4. (1) No person shall -

1. carry on a scheduled trade referred to in Annexure 1; or
2. bury a corpse,

in or on any premises which have not been registered by the local authority for that purpose.

(2) The provisions of -

1. subregulation (1)(a) shall

1. apply only to a scheduled trade which was being carried on immediately before the date of commencement of these regulations from the first day following six months after such commencement;
2. not apply to a scheduled trade the commencement of which is prohibited without a licence, a permit, permission or other authority in terms of a by-law or regulation of the local authority concerned;

2. subregulation (1)(b) shall not apply in an area in which the burying of corpses or the establishment or maintenance of a cemetery is regulated in terms of any other law.

(3) The premises on which any scheduled trade is carried on under a licence issued in terms of any regulation repealed by regulation 21 shall be deemed to have been registered as contemplated in subregulation (1)(a).

Public notice prior to application for registration

5. (1) Any person seeking registration of any premises for the purpose of conducting thereon an activity referred to in regulation 4 shall give notice of such intention substantially in the form of Form A in Annexure 2 of these regulations -

1. subject to regulation 6(1), by publication in the local press;
2. by furnishing the occupier of every adjoining site with a copy of such notice;
3. by displaying a copy of such notice on a form supplied by the local authority conspicuously on the road frontage of the site to which the application relates, for a period of at least 14 days, commencing from the date of publication referred to in paragraph (a).

(2) Any person may object to such registration within 30 days of the publication referred to in subregulation (1)(a) by giving written notice, setting out the grounds of the objection, to the local authority and serving a copy of such notice on the applicant by registered post or by hand: Provided that the grounds of such objection shall be restricted to the likelihood of a danger to health or a nuisance arising from the proposed activity on the premises concerned.

Furnishing of information on application for registration

6. (1) A person seeking registration of any premises shall, no later than the date of publication in the press of a notice referred to in regulation 5(1)(a), apply to the local authority for registration of such premises substantially in the form of Form B in Annexure 2, and shall -

1. in the case of -

1. a scheduled trade, furnish particulars of -

27. the nature of the activity which will be conducted;
54. the plant, works and buildings to be erected or used in connection with such activity, including the number, content and type of any boilers, digesters, driers or other apparatus or installations which will be used for the purpose of conducting such activity;
81. the location and size of the premises;
108. the nature and quantity of the processes and raw materials which will be used and of the products and by-products which will be produced in conducting such activity;
135. any condition and thing that is likely to lead to the existence of a nuisance or a substantial risk of a nuisance arising in conducting such activity;
162. the measures to be taken for preventing any such nuisance or risk;
189. the nature, quantity and/or volume of all waste material that will be generated or handled on the premises;

2. a cemetery, furnish particulars of the location, the water table, stormwater drainage, the soil and the slope of the land; and

2. furnish proof of compliance with regulation 5(1).

(2) A local authority may in writing request any person who has furnished information as referred to in subregulation (1) to provide further or more detailed information in connection with any particular, and the person concerned shall furnish the local authority with such information.

Exemptions

7. If, in the opinion of an environmental health officer in the service of a local authority or, where there is no such environmental health officer, of the person in charge of the public health service of the local authority, after consulting any environmental health officer in private or public practice, compliance with any provision of regulation 5 or 6 would serve no useful purpose by reason of the small volume of the scheduled trade concerned or the small scale on which it will be carried on, the local authority may exempt in writing any person from compliance with any such provision.

Registration

8. (1) A local authority may, after considering any objection lodged and if satisfied that no danger to health or no nuisance is likely to be caused by conducting the activity in question on the premises concerned, register the premises subject to such conditions as it may determine.

(2) A local authority may -

1. grant an application for registration on condition that the premises shall, before they are registered, comply with any requirement stipulated by the local authority and made known in writing to the applicant; or
2. register the premises subject to a specified condition which the premises shall meet within a set period.

(3) Such registration may be for an indefinite or specified period and, in the latter case, may be renewed from time to time on application.

(4) Once a local authority has granted or denied an application for registration of any premises it shall, as soon as is practicable -

1. furnish the applicant concerned with a registration certificate substantially in the form of Form C in Annexure 2; or
2. notify the applicant concerned in writing of -

1. the reasons for its decision; and
2. the applicant's right of appeal in terms of regulation 9.

(5) Any person objecting to the application shall as soon as practicable be notified in writing by the local authority of the decision and of his or her right of appeal, if any, in terms of regulation 9.

Appeal

9. Any person who feels himself or herself aggrieved by a decision of the local authority in terms of regulation 8 may appeal against the decision in writing to the Member of the Executive Council responsible for Health of the province concerned within one month after receiving the notice in terms of regulation 8(4) or 8(5).

Change of activity

10. The provisions of regulations 4(1)(a), 5, 6, 7, 8 and 9 shall mutatis mutandis apply in respect of any -

1. increase in the volume of the activity concerned or in the scale on which it is conducted;
2. substantial change in the method of conducting the activity;
3. extension, alteration or addition to any plant, works or building used for the purpose of carrying on a scheduled trade;
4. substantial alteration of the locations on the premises where the different parts of processes of a scheduled trade are carried on.

CHAPTER 4

REQUIREMENTS IN RESPECT OF ACCOMMODATION

Structural requirements for accommodation

11. No person shall let or otherwise grant the use of accommodation to any other person unless -

1. the exterior walls are such that they prevent the permeation of -

1. wind and rain into the interior of the accommodation;
2. dampness onto the interior surfaces of the walls;

2. the floors are such that they prevent the permeation of dampness into the interior of the accommodation, including the interior surfaces of the walls;

3. the roof is such that it prevents the permeation of -

1. wind and rain into the interior of the accommodation;
2. dampness onto the interior surfaces of the walls;

4. every access opening in the exterior walls is provided with a closable door which, when it is in a closed position, prevents the permeation of Rain into the interior of the accommodation;
5. every window is such that when any such window is in a closed position rain will not permeate into the interior of the room and the natural illumination of the room will not be diminished.

Lighting and ventilation requirements for accommodation

12. (1) No person shall let or otherwise grant the use of accommodation to any other person unless -

1. each room is adequately illuminated by means of windows the total area of which is equal to at least 10 per cent of the floor area of the room and of that total area an area equal to at least five per cent of such floor area can be opened;
2. every window in a room is so positioned in relation to any other window or ventilation opening in the room as to facilitate adequate cross-ventilation.

(2) The prohibition in subregulation (1) shall not apply to any room which is adequately mechanically ventilated in accordance with the provisions of the National Building Regulations and Building Standards Act, 1977 (Act No. 103 of 1977).

Drinking water, sanitation and refuse disposal

13. The owner of land or property or, in the case of rented land or property, the lessor of land or property on which any accommodation is situated shall -

1. provide to the persons in the accommodation within such distance from the accommodation as is reasonable in the circumstances of the dwellings and occupiers

1. a regular supply of potable water which is sufficient for the use of the persons in the accommodation;
2. latrines which are sufficient in number and capacity for the use of the persons in the accommodation;

2. cause the household refuse arising in respect of the accommodation to be properly removed and disposed of at least once a week; and
3. cause the faecal matter arising in respect of the accommodation to be properly stored and, except where pit latrines or a method for the adequate treatment of such matter by means of an enzymatic or chemical process is provided, properly removed and disposed of.

Application of chapter

14. (1) The provisions of regulations 11, 12 and 13 shall apply whether or not accommodation or the erection thereof complies with the requirements or formalities of any applicable law.

(2)(a) The provisions of regulation 13 shall not apply in the event of unpermitted squatting -

1. to an owner of land or premises who had no knowledge of the existence on his or her land or premises of the accommodation in question or the use of his or her premises for the purpose of accommodation, as the case may be; or
2. to an owner of land or premises who took all reasonable steps to remove such accommodation or to prevent the use of his or her land or premises for the purpose of accommodation, as the case may be.

2. The onus of proving that an owner of land or premises had no knowledge or that he or she took steps as contemplated in subparagraphs (i) and (ii) of paragraph (a), respectively, shall be on such owner.

(3) In the circumstances contemplated in subregulation (2), the provisions of regulation 13 shall apply to the local authority in whose area of jurisdiction such land or premises is or are situated as if such local authority were the owner of such land or premises.

CHAPTER 5

CONTROL OF VERMIN AND VECTORS

Owner and occupier to prevent vermin and vector infestation

15. Any owner and person occupying premises shall take all reasonably practicable measures to prevent such premises from becoming infested with vermin or vectors.

Extermination of vermin or vectors in infested premises

16. Where premises are infested with vermin or vectors, the owner of and person occupying such premises shall take all reasonably practicable measures to exterminate such vermin or vectors and prevent any reinfestation.

CHAPTER 6

HANDLING AND DISPOSAL OF MEDICAL WASTE

Scope of application

17. Compliance with the regulations of this chapter shall be mandatory for all generators of medical waste and, where applicable, for all transporters and disposers of medical waste, and shall be mandatory at especially -

(1) all health care facilities such as places or sites where professional health services are dispensed to human patients, including hospitals, clinics (mobile and stationary), sick bays (i.e. at old-age homes), day units, hospices, rehabilitation centres, doctors' (all medical and oral health practitioners) and professional nurses' consulting rooms, facilities for rendering midwifery services, free-standing operating theatres, pharmacies and all similar sites;

(2) all pathological and microbiological laboratories or places where biological research is carried out, and the premises of blood transfusion services;

(3) the facilities of all manufacturers and distributors of pharmaceutical products or vaccines;

(4) all mortuaries and undertaker premises;

(5) all veterinary consulting rooms, animal hospitals or treatment-stations and kennels;

(6) any private dwelling or household or any other premises where the health risk constitution by the quantity and nature of medical waste generated is such that such waste should be handled in accordance with these regulations.

Duties of generators transporters and disposers of medical waste

18. (1) Subject to the provisions of the Environment Conservation Act, 1989 (Act No. 73 of 1989), and any other applicable legislation, every generator of medical waste and, where applicable, every transporter and disposer of medical waste shall cause all such waste to be sorted, packed, contained, handled, stored, transported and disposed of in accordance with this chapter.

(2) The activities referred to in subregulation (1) shall be carried out in such way that the medical waste generated does not cause a nuisance or a health or safety hazard for any handler thereof or any other person or the environment in general.

(3) A local authority may, on written application with the consent of the members of the Executive Council for Health and for the Environment of the province concerned, allow any person to dispose of medical wasted in any other acceptable manner that ensures that such medical waste and method of disposal will not constitute a nuisance or a health or safety hazard for any handler thereof.or any other person or the environment in general.

Supplementary specifications regarding medical waste

19. (1) (a) Cytotoxic or genotoxic pharmaceutical waste and associated contaminated materials, e.g. syringes, tubing, containers, preparation materials, vials and ampoules, shall be discarded into containers which are labelled "cytotoxic waste" or "genotoxic waste".

2. Sharp objects (needles, broken glass, etc.) contaminated with cytotoxins shall be placed into labelled "cytotoxic sharps" containers. (Provision should be made in this regard for the safe discarding of the longest Trocar needles.)

(2) (a) Perishable medical waste shall be stored at a temperature not exceeding 4°C, and should preferably be frozen.

2. All medical waste storage areas shall be vermin-, insect- and rodent proof, have an easily cleanable floor and wall finishing and general construction, be totally enclosed, adequately ventilated and lighted and be lockable.
3. All medical waste shall be stored in a medical waste storage area until it is loaded or removed for final disposal.
4. On-site spills shall be cleaned up immediately.
5. All interior surfaces of such storage areas shall be meticulously disinfected and cleaned on a daily basis.

(3) Provision shall be made for unrefrigerated waste to be removed also on weekends and public holidays.

(4) (a) The loading compartments of transport vehicles for medical waste shall be lockable and shall comply with the following  requirements:

1. The compartment shall be thermically insulated and capable of maintaining a refrigerated transport temperature not exceeding 4°C. The interior panel construction shall be so tightly joined as to ensure a removable liquid- and airtight seal.
2. The interior surfaces shall be painted white with a durable duco or enamel paint or have a finish approved by the local authority.
3. There shall be a threshold of at least 100 mm at the doors to prevent leakages spilling outside.
4. The compartment shall be equipped with Spilikits approved by the local authority that are regularly checked and replenished.

2. The transport vehicles shall be manned by a team adequately trained in the effective use of the Spilikits and clean-up procedures.
3. The loading compartments shall be meticulously disinfected and chemically cleaned on a daily basis.

(5) The incinerator and incineration process shall comply with the prescriptions of the local authority and all relevant legislation, such as the Atmospheric Pollution Prevention Act, 1965 (Act No. 45 of 1965), the Hazardous Substances Act, 1973 (Act No. 15 of 1973), and the Environmental Conservation Act, 1989 (Act No. 73 of 1989), in order to deal with waste having a wide variation in burning characteristics, ranging from highly volatile and high calorific-value plastics to high water-content material such as placentae.

CHAPTER 7

LATRINES AT PUBLIC GATHERINGS

Sufficient latrines to be supplied at public gatherings

20. Any person who holds any meeting, performance or other stationary event shall for the duration of the event make available latrines which in the opinion of the local authority are sufficient in number and capacity for use by the numbers of persons attending the event.

CHAPTER 8

REPEAL

Repeal of regulations

20. The following regulations are hereby repealed:

1. The regulations in force throughout KwaZulu-Natal, except within urban limits, in respect of the establishment or carrying on of certain factories, businesses, trades or work, published by Government Notice No. R.1047 of 25 June 1924;
2. the Pietermaritzburg offensive trade regulations, published by Government Notice No. R.1391 of 30 July 1929;
3. the offensive trade regulations for the City of Cape Town, published by Government Notice No. R.402 of 28 February 1930, as amended by Government Notices No's. R.614 of 21 April 1944 and R.477 of 5 April 1963;
4. the offensive trade regulations in force throughout the areas of all urban and rural local authorities in the Cape Province other than the Municipality of Cape Town, published by Government Notice No. R.1606 of 9 November 1934, as amended by Government Notices No's. R.35 of 14 January 1944, R.81 of 26 January 1961 and R.478 of 5 April 1963;
5. the offensive trade regulations for the Borough of Amanzimtoti, published by Government Notice No. R.2103 of 30 December 1966;
6. the regulations for the Township of Richards Bay relating to offensive trades, published by Government Notice No. R.1287 of 23 June 1978, as amended by Government Notice No. R.999 of 3 April 1992.

ANNEXURE 1
SCHEDULED TRADES

1. Abattoirs (1)
2. Aerial crop spraying (27)
3. Asbestos mining or processing (3)
4. Asphalt plants (4)
5. Battery manufacturing, reconditioning or servicing (5)
6. Breeding establishments (49)
7. Breweries (7)
8. Brick or tile manufacturing (45)
9. Carbon black manufacturing, processing or handling (25)
10. Cement manufacturing or processing (40)
11. Ceramic or glass works (22)
12. Charcoal or coke manufacturing or packing (19)
13. Chemicals manufacturing or processing (8)
14. Coal yards (42)
15. Compost works (24)
16. Crematoria (26)
17. Dealing in bones, skins or hide (16)
18. Discos and nightclubs and similar late-night, music-based, noise-producing entertainment establishments (10)
19. Distilleries (11)
20. Electroplating, enamelling or galvanising works (12)
21. Fertilizer works (6)
22. Fish, mollusc, crayfish, abalone or seaweed canning, curing, drying, storing or processing (51)
23. Foundries and metal and glass recycling works (41)
24. Fungicide, herbicide or pesticide manufacturing in bulk (48)
25. Gas works (14)
26. Glass-fibre manufacturing, storing, moulding or finishing (15)
27. Hide or skin processing or handling (20)
28. Industrial container washing or reconditioning (54)
29. Intensive animal-feeding systems or pig farming (21)
30. Kennels and stable accommodation (9)
31. Milling (55)
32. Mechanical engineering works (28)
33. Paint or surface coating manufacturing (50)
34. Ore processing, handling or storing (13)
35. Panel beating (29)
36. Plastic products works (31)
37. Processes for the manufacture and rendering of by-products of organic matter of animal, fish or bird origin (32)
38. Processes for the manufacture and rendering of organic matter of plant origin (33)
39. Pulp, paper or board manufacturing (34)
40. Refineries (35)
41. Rediscing of brake shoes (17)
42. Rubber moulding or vulcanising or tyre retreading works (37)
43. Sand - or shotblasting (38)
44. Sewage treatment, transport or disposal (36)
45. Sand winning (39)
46. Shredding or teasing of coir, flock or textile (52)
47. Stone quarrying, cutting, crushing, dressing or processing (23)
48. Spinning, weaving or braiding works (43)
49. Spray-painting, coating or finishing (44)
50. Timber products or furniture manufacturing or reconditioning (18)
51. Vegetable oil extraction or processing (30)
52. Vehicle or general scrapyards (53)
53. Waste incineration, waste (including medical waste) disposal sites and waste collecting, sorting, treating or processing sites (2)
54. Welding (47)
55. Wool scouring or washing (56)
56. Yeast manufacturing (46)

ANNEXURE 2
FORMS

Form A
[regulation 5 (1)]

NOTICE OF APPLICATION FOR REGISTRATION OF PREMISES TO CARRY ON A
SCHEDULED TRADE OR BURY A CORPSE

Form B
[regulation 6(1)]

APPLICATION FOR REGISTRATION OF PREMISES