View report page

239
[1910
In the new Act the expression "dwelling house" now includes uninhabited
as well as inhabited houses, and as formerly, any of the gardens, outhouses,
appurtenances attached thereto, and includes the site of the dwelling house.
Under this division of the Act it is the duty of the Medical Officer of Health
to represent to the Local Authority any dwelling houses which appear to him
to be in a state so injurious or dangerous to health as to be unfit for human
habitation, and if within three months after receiving such representation no
action is taken, the County Council may intervene.
With respect to the power and duty of making closing orders, the Act
provides that when a Local Authority receive a representation from the
Medical Officer of Health or from any of their officials, or receive other information
that any dwelling house is in such a state, dangerous, or injurious
to health so as to be unfit for habitation, and it appears that such representation
or information is accurate, they must make the order prohibiting the use of
the dwelling house for human habitation until in their judgment it is rendered
fit for the purpose.
This is an entirely new and very far-reaching power. Formerly the
authority could only proceed under the nuisance sections of the Public Health
London Act, 1891, by proceedings in the Courts of Summary Jurisdiction for
penalties and closing orders. Now these restrictions have been swept aside,
and the Sanitary Authorities becomes de facto, instead of in name only, the
authority on the sanitation of the houses in their district.
When a closing order has been made by the Council, it becomes their
duty to forward a copy of the Order to the County Council.
After July 1st, 1910, a room habitually used as a sleeping place, the floor
of which is more than three feet below the surface of the street adjoining or
nearest to the room, is to be deemed a dwelling house so dangerous or injurious
to health as to be unfit for human habitation under either of the following
conditions:—(1) If it is not of an average height of 7 feet from floor to
ceiling, or (2) if it does not comply with such regulations as the Local Authority
may prescribe for securing the proper ventilation and lighting of such rooms
and their protection against dampness, effluvia and exhalation. Such a room
must be closed under a closing order, but such order is not to prevent the
room being used for purposes other than a sleeping place.
With respect to houses against which a closing order has remained operative
for three months, the Local Authority are required to consider the question