P.N. 430/1953 (as amended) SECTION D.3

1. In these By-laws unless the context otherwise requires -

"City" means the City of Durban,

"Council" means the City Council of Durban,

"Depot" means any premises (other than premises used a dry-cleaner's or dyer's establishment or laundry) in which the business of receiving or collecting articles for dry-cleaning, dyeing or laundering or distributing or delivering articles which have been dry-cleaned, dyed or laundered is carried on;

"Dry-Cleaner's Establishment" means any premises in which the business of cleaning articles of wearing apparel, household linen or other articles composed of textile material with any solvent is carried on, and includes any part of such premises used in connection with such business for the reception or collection of soiled articles or for the drying, ironing, pressing, distribution or delivery of such articles after they have been dry-cleaned; "dry-clean" and "dry-cleaner" shall have a corresponding meaning;

(P.N. 535/58)

"Electric Dry-Cleaner's Establishment" means a dry-cleaner's establishment in which the cleaning and drying processes are carried out in electrically driven machines which are semi-automatic and self-contained and in which tetrachloroethylene (perchlorethylene), trichloroethylene or similar non-flammable chlorinated or fluorinated hydrocarbon solvents are used.

(P.N. 631/59; 644/84).

"Dyer's Establishment" means any premises in which the business of processing articles of wearing apparel, household linen or other articles composed of textile material by the use of dyes or other substances so as to re-establish, alter or remove their colour or colours is carried on, and, includes any part of such premises used in connection with such business for the reception or collection of such articles or for the purpose of dyeing or for the purpose of drying, ironing, pressing, distribution or delivery such articles after they have been dyed; "dye" and "dyer" shall have a corresponding meaning;

"Electric Laundry" means a laundry in which the washing and drying processes are carried out in electrically driven machines and the irons used for ironing or pressing are electrically heated, provided no steam is raised;

"Fully enclosed dry-cleaning machine" means an electrically drive, semi-automatic, self-contained dry-cleaning machine which may be electrically heated or steam-heated and in which the solvent vapour is condensed in a refrigerated coil or by passing the vapour through a refrigerated cooling medium and does not vent to the atmosphere. or fluorinated

(P.N. 644/84).

"Laundry" means any premises in which the business of washing and processing articles of wearing apparel, household linen or other articles composed of textile material with water or steam, soap or soap solution, is carried on, and, includes any part of such premises used in connection with such business for the reception or collection of such articles for the purpose of laundering or for the purpose of drying, ironing, pressing, distribution or delivery such articles after they have been laundered; "launder" shall have a corresponding meaning;

"Medical Officer of Health" means the duly authorised Medical Officer of Health of the City and includes any duly appointed Deputy or Assistant Medical Officer of Health for the City and any other person from time to time acting in such capacities;

"Dwelling" and "Food" shall have the meanings assigned to them in the Public Health Act, 1919 (Act No. 36 of 1919), as amended;

"Owner" and "Premises" shall have the meanings assigned to them in the Public Health Bylaws for the City of Durban, promulgated under Provincial Notice No. 225 of 1911 (as amended) (P.N. 256/73)

"Work Area" means those parts of an electric dry-cleaner's establishment in which the cleaning and drying machines and ironing presses are operated and those parts in which articles which have been cleaned are hung or kept or stored to be aired, but excluding those parts of the premises used as changerooms, storerooms, offices and those parts used for the purpose of receiving or collecting articles for dry-cleaning or for return or delivery of articles which have been cleaned to the public.

(P.N. 644/84)

1A Nondiscrimination

(1) Subject to the provision of subsection (2) hereof, no provision of these Bylaws shall be applied so as to discriminate between persons on the grounds of race, religion or gender nor shall it be so construed as to have the effect of authorising such discrimination.

(2) Notwithstanding the provisions of subsection (1) hereof, discrimination on the grounds of gender may expressly be authorised in terms of any provisions of these Bylaws which prescribes the wearing of appropriate apparel in a public place or imposes a restriction upon the entry of persons into public ablution, toilet and changeroom facilities or prescribes different standards for such facilities.

(M.N. 43/92)

2. No person shall carry on or permit to be carried on a dry-cleaner's or dyer's establishment or laundry in any premises within the City unless -

(a) Such premises (other than a Dry Cleaners' Establishment) are connected to a Municipal Sewer into which all sewage and waste water is discharged.

(P.N. 199/63)

(b) Such premises are provided with -

(i) floor, space, ventilation, lighting, sanitary accommodation, washing facilities and change-room accommodation in accordance with the standards laid down in the Regulations framed under Factories, Machinery and Building Work Act, 1941;

(ii) storage accommodation and drying facilities to the satisfaction of the City Medical Officer of Health;

(c) the buildings thereon have been approved by the Council for the purpose and are fully vermin-proof and in all respects in conformity with the standards prescribed in the Regulations regarding the Prevention of Rodent Infestation of Buildings and Premises in Urban Areas, promulgated under Government Notice No. 1380 of 1930 or any amendment thereof; provided that in areas in which the municipal sewer is not available the provisions of paragraph (a) shall not apply to premises in which prior to the date of the promulgation of these Bylaws a dry-cleaner's or dyer's establishment or laundry was lawfully carried on and adequate facilities for the disposal of night-soil and waste water exist.

3. No dry-cleaner's or dyer's establishment or laundry (other than an electric laundry or an electric dry cleaner's establishment utilising fully enclosed dry-cleaning machines) shall be carried on in premises or any part thereof approved of as a dwelling or used as such; provided that the provisions of this section shall not apply to dwellings used for any of the purposes aforesaid prior to 16 October 1958, or render it unlawful for the proprietor of the business or his wife or children or bona fide employees to reside on such premises if the portion of the building used for residential purposes is entirely separated from such establishment or laundry.

(P.N. 644/84)

4. No person shall use or cause or permit to be used any premises as a laundry unless such premises are provided with a properly constructed wash-room containing suitable wash-tubs, washing machines or the like for the washing, soaking and rinsing of articles to be laundered, and no articles shall be washed, soaked or rinsed except in the wash-room. The floor of such wash-room shall be of concrete or other impervious material and shall be properly graded and effectively drained.

5. No person shall use or cause or permit to be used premises for the carrying on of a depot unless a conveniently located wash-hand basin with running water connected thereto and proper drainage for waste water is provided for the use of persons whilst actively engaged in the business.

6. No person shall manufacture, prepare, store, handle or distribute food in that part of a building used for the carrying on of a dry-cleaner's or dyer's establishment, laundry or depot and no trade incompatible with such business shall be conducted therein.

7. Every person who carries on a dry-cleaner's or dyer's establishment, laundry or depot shall, in connection with such business, ensure that -

(a) the buildings, rooms or other structures or erections, yards, sanitary accommodation and out-buildings are maintained thoroughly clean and tidy and free from vermin infestation;

(b) the fixtures, fittings, machinery and other equipment are maintained in a thoroughly clean and sound condition and free from vermin infestation;

(c) the buildings or other structures and outbuildings are painted, colour-washed, lime-washed or otherwise suitably renovated when so required by the Medical Officer of Health;

(d) all articles intended to be dry-cleaned, dyed or laundered are so stored, kept or handled as to avoid contact with any articles which have been dry-cleaned, dyed or laundered;

(e) the machinery, plant and other equipment is maintained in good working order and condition at all times.

(P.N. 644/84)

8. The owner of any premises used as a dry-cleaner's or dyer's establishment, laundry or depot shall, in connection with such premises-

(a) maintain all buildings, hardened areas, drains, drainage connections and other appurtenances in good order and condition;

(b) paint, colour-wash, lime-wash or otherwise suitably renovate any exterior part of the buildings when so required by the Medical Officer of Health.

9. Every person who carries on a dry-cleaner's or dyer's establishment or a laundry or depot shall ensure that all persons engaged in handling articles which have been dry-cleaned, dyed or laundered are at all times provided with and wear clean and sound overalls or other suitable uniform.

10. (1) No person shall use or cause or permit to be used any vehicle in respect of which a motor carrier's certificate or exemption certificate is required for the purpose of collecting and delivering articles for laundering, dry-cleaning or dyeing or articles which have been laundered, dry-cleaned or dyed, unless such vehicle shall have been approved by the Medical Officer of Health.

(2) Any vehicle so used shall be so constructed as to facilitate cleanliness and shall at all times be kept in a clean and sanitary condition and in good order and repair.

11. (1) No person suffering from infectious, contagious or cutaneous disease shall be employed in, remain on or be otherwise connected with any dry-cleaner's or dyer's establishment, laundry or depot.

(2) Every person who carries on a dry-cleaner's or dyer's establishment, laundry or depot shall comply with any directions given by the Medical Officer of Health, in regard to the disinfection of the premises in which the business is carried on or the sterilisation of articles washed or otherwise processed therein.

12. (1) No person shall carry on or permit to be carried on an electric dry-cleaner's establishment in any premises which do not comply with the following provisions:

(a) The works area shall be mechanically ventilated to the outside atmosphere such as completely to change the air therein twenty time per hour.

(b) Provision shall be made for the storage or keeping of solvents in air-tight or sealed containers.

(2) In addition to compliance with the requirements of subsection (1), an electric dry cleaner's establishment utilising fully enclosed dry-cleaning machines shall comply with the following:

(a) The works area shall have a floor space of not less than 40mï ¿ ½ for the first fully enclosed dry-cleaning machine and 20mï ¿ ½ for each additional machine thereafter.

(b) Steam may only be raised in boilers heater by electricity, such boilers to comply with the standards laid down in the Regulations in force under the Machinery and Occupational Safety Act, 1983 (Act 6 of 1983) and to be sited to the satisfaction of the Medical Officer of Health.

(3) In addition to compliance with the requirements of subsection (2), an electric dry-cleaner's establishment other than those referred to in subsection (2) above, shall comply with the following:

(a) The total floor space of the works area shall be not less than 140m.ï ¿ ½

(b) Steam may only be raised in boilers heater by electricity, or by an enclosed fuel-burning appliance of the type approved by the Medical Officer of Health, and sited to his satisfaction.

(c) The fumes from the cleaning and drying machines shall be independently force draught mechanically exhausted through continuous metal ducting terminating in a position approved by the Medical Officer of Health and at least 900mm above the roof level of the premises in which the machines are situated, and sited so as to obviate a nuisance to the occupiers of such premises or adjoining premises, or such fumes shall, at the discretion of the Medical Officer of Health, be extracted by means of an efficient machine or plant of a design approved by him and such machine or plant shall be sited and maintained and operated so as to remove effectively all such fumes to his satisfaction.

(P.N. 631/59; 644/84)
 

Offences and penalties.

13. (1) Any person who -

(a) contravenes any provision of these bylaws; or

(b) contravenes any conditions imposed upon the granting of any application, consent, approval, concession, relaxation, permit or authority in terms of these bylaws; or

(c) fails to comply with the terms of any notice served upon him in terms of these bylaws,

shall be guilty of an offence and liable, upon conviction, to the maximum penalty prescribed for the offence by section 266(7)(a) of the Local Authorities Ordinance, No. 25 of 1974.

(2) Failure to comply with the terms of any condition or notice referred to in subsection (1)(b) or (c) above shall constitute a continuing offence and a person failing to comply with the terms of such condition or notice shall be guilty of a separate offence for each day during which he fails to comply with such terms.

(P.N. 338/66; 366/83)