54
28
Alteration
of open space.
[cf. s. 160].
Access lanes for non-domestic buildings.
Meaning
of re- erection.
any
verandahs or balconies projecting over a street, then width of the lane in excess of three feet may be included as open space.
(8) No portion of any street shall be included in calculating the area of open space required by this section except as allowed by sub-section (7) and no portion of the open space required by this section, except any width of a lane in excess of three feet as allowed by sub-section (7), shall be deemed to be a street.
(9) For the purpose of this section, no yard or space which is inclosed on all sides by walls having a height of more than eight feet shall be included in calculating the area of
open space.
(10) The Governor in Council may modify the foregoing requirements in any case in which the Crown lease or the agreement for a Crown lease has specially provided for an open space in the rear of any such building of a less area than is hereby required, and may in any other case make such modification as may be recommended by the Director of Public Works upon such conditions, if any, as may be deemed ex- pedient.
83.-(1) No existing domestic building which has an open space of less area than that required by section 82 shall hereafter be altered in such a manner as to encroach on the existing amount of open space and no existing domestic build- ing which has a greater amount of open space than that re- quired by section 82 shall hereafter be altered in such a manner as to reduce the amount of open space to less than that required by section 82.
(2) The Building Authority, with the consent of the Gov- ernor in Council, shall have power in any case to grant a modification of the requirements of this section upon such conditions, if any, as the Building Authority may deem ex- pedient.
84. Every building, other than a domestic building, hereafter erected or re-erected shall be provided with such a lane as is referred to in sub-section (1) of Section 82, but a lane shall not be required in the case of a detached or semi-detached building and in any other case where, in the opinion of the Building Authority, a lane is not considered
necessary.
85. For the purpose of Sections 82 and 84, re-erection includes every alteration of an existing building in such a manner as to make the resulting building a new building or in such a manner as to make the resulting building or any part thereof an exceptional building, but the erection of reinforced concrete stairs, lintels or kitchen or bathroom floors only, in an existing building shall not be deemed to make such building an exceptional building and
Provided that:-
(1) In the case of an existing building which is provided by the owner with an open space in the rear or partly in the rear and partly at the side exclusively belonging to such building, equal in area to not less than one third of the roofed-over area of such building, the erection of reinforced concrete floors only shall not be deemed to make such building an exceptional building.