Malaysia legislation
Section 58
Section 58
(2)
Where there is a sufficient water supply and sewer the local authority may by written direction to a submitting person, require such house or building to be provided with such number of proper and sufficient waterclosets, urinals, sinks, and bathrooms as in the circumstances of the case are in the opinion of the local authority
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necessary and such water-closets, urinals, sinks, and bathrooms shall be communicated to the sewer.
(3)
Where there is a sufficient water supply but no sewer, the local authority may by written direction a submitting person, require such house or building to be provided with either—
(a)
such number of proper and sufficient water-closets, urinals, sinks and bathroom together with a system for the purification of sewage as and of a type which in the opinion of the local authority the circumstances of the case render necessary and which complies with the *Water Services
Industry Act 2006; or
(b)
such number of chemical closets of a type approved by the local authority as the local authority thinks fit.
(4)
Any person who fails to comply with any requirement of the local authority under subsection (2) or (3) shall be liable on conviction to a fine not exceeding one thousand ringgit and shall also be liable to a further fine not exceeding one hundred ringgit for every day during which the offence is continued after conviction.
Sufficient supply of closet, sink, accommodation, etc.
(5)
If the local authority is satisfied that insufficient closet, sink, urinal or bathroom accommodation has been provided at or in connection with any house or building, the local authority may, by written notice to the owner or owners of the house or building require such house or building to be provided with such proper and sufficient closet, sink, urinal and bathroom accommodation as in the opinion of the local authority is necessary.
*NOTE—The Sewerage Services Act 1993 [Act 508] has been repealed by the Water Services Industry
Act 2006 [Act 655] in respect of its application to Peninsular Malaysia and the Federal Territories of
Putrajaya and Labuan, which comes into operation on 1 January 2008–see subsection 185(1) of Act 655.
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(6)
If the owner or owners of such house or building fail to comply with any requirement of the local authority under subsection (5) the local authority may, at the expiration of a period of time which shall be specified in the notice and which period shall not be less than thirty days after the service of the notice, do the work required by the notice and may recover from the owner or owners the expenses incurred in so doing.
When the owners must provide water-closets, etc.
(7)
Where there is a sufficient water supply and sewer, the local authority may by written notice require the owner or owners of any house or building to provide in or adjacent to such house or building such water-closets, sinks, urinals and bathrooms as in the opinion of the local authority are necessary.
(8)
If the owner or owners of such house or building fail to comply with any requirement of the local authority under subsection (7) the local authority may, at the expiration of a period of time which shall be specified in the notice and which period shall not be less than thirty days after the service of the notice, do the work required by the notice and may recover from the owner or owners the expenses incurred in so doing.
(9)
(Deleted by Act A867).
Water pipe to be affixed to water-closets, etc., in certain houses
(10)
In the cases mentioned in subsections (5) and (7) where the house or building in question is not provided with a supply of water for domestic purposes the local authority may provide, fix and install to or for the house or building, water pipes leading from the public water mains to the water-closets, urinals, sinks and bathrooms and provide, fix and install such water fittings as it shall think necessary and the expenses and cost of so doing shall be payable by and be recoverable from the owner or owners of the house or building.
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(11)
In any case where, in accordance with subsection (10), the local authority has provided, fixed and installed to or for a house or building water pipes and fittings the local authority may enter into a contract with the relevant authority in charge of the supply of water to such house or building and the occupier of such house or building shall pay to the local authority for the water consumed therein or thereat at such rate as the local authority shall at its discretion in writing order and the order or a copy thereof duly certified as a true copy of such order shall be served upon the occupier within one month of such order being made and save as provided above the occupier shall be deemed to be the consumer with respect to the supply of water, and such order may require the occupier to pay a minimum monthly charge as determined by the local authority whether or not the occupier consumes the water so provided during any month.
Water-closet to be removed and replaced at the expense of owner
(12)
The local authority may at any time give notice in writing to the owner of any house or building in which any water-closet or any fittings or apparatus connected with any water-closet has been provided whether under subsection (2), (3), (5) or (7) or otherwise requiring such owner to remove any such water-closet or any fittings or apparatus connected therewith and to replace the same by another water-closet or by other fittings or apparatus at such owner’s expense, and if the owner of such house or building fails to comply with any requirement of the local authority under this subsection the local authority may at the expiration of any period specified in the notice, which shall not be less than thirty days from the service thereof, do the work required by the notice and recover from the owner of such house or building the expense incurred in so doing.
Water-closets, etc., to be maintained, etc., at the expense of owner
(13)
All water-closets, urinals, sinks and bath-waste water fittings including those provided under subsection (2), (3), (5) or (7) shall be maintained, repaired and renewed by the owner of the house or building at his expense:
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Provided that the cost of any repairs or renewals rendered necessary by reason of any damage negligently or wilfully done to any water-closet, urinal, sink or bath-waste water fittings by the occupier of the house or building shall be recoverable by the owner from such occupier.
Local authority may require drain, etc., to be put in good order
(14)
The local authority may by notice require the owner or owners of any building or land on which is situated any drain, urinal, water-closet, sink or bathroom which is not properly maintained or repaired or renewed to have such drain, urinal, water-closet, sink or bathroom to be repaired, or renewed or put in proper order and if the owner or owners fail to comply with the requirements of the local authority, the local authority may at the expiration of the period of time specified in the notice do the work required in the notice and may recover from the owner or owners the expenses incurred in so doing.
Local authority may require removal or alteration of urinals