PART V.

Baths, Washhouses, Bathing Places, Etc.

35. —(1) A sanitary authority may provide and maintain—

(a) public baths,

(b) public swimming baths or public bathing places,

(c) conveniences for bathers (including, in particular, dressing accommodation, sanitary conveniences, shower baths, first-aid equipment and refreshments), or

(d) public washhouses,

either within their sanitary district or, subject to subsection (3) of this section, outside their sanitary district but at a convenient distance therefrom.

(2) Where a sanitary authority maintain a washhouse, they may provide thereat facilities for drying and ironing clothes and other articles.

(3) A bath, swimming bath, bathing place, convenience or washhouse shall not be provided under this section by a sanitary authority in the sanitary district of another sanitary authority save either with the consent of the other sanitary authority or, where such consent is refused or is not given within three months of being sought, with the consent of the Minister.

(4) Where a sanitary authority provide or maintain under this section outside their sanitary district a bath, swimming bath, bathing place, convenience or washhouse, they shall, for any purpose ancillary to such provision or maintenance, have the same powers (inclusive, in particular, of powers for the acquisition of land, the obtaining of water, the disposal of water or sewerage and the laying of water pipes and sewers) and shall be subject to the same restrictions as they would have and be subject to for that purpose if the bath, swimming bath, bathing place, convenience or washhouse were provided in their sanitary district.

(5) A bath, swimming bath, bathing place, convenience for bathers, or washhouse which is at the commencement of this section maintained by a sanitary authority shall be deemed to have been provided under this section by that authority.

36. —A sanitary authority may make, at their discretion, charges for the use of or admission to a bath, swimming bath, bathing place, convenience for bathers or washhouse maintained by them.

37. —(1) A sanitary authority may employ one or more than one life-guard at—

(a) a bathing place or swimming bath maintained by them, or

(b) a bathing place or swimming bath situate in their sanitary district to which the public are admitted free of charge and which is maintained neither by them, by any other sanitary authority nor by the commissioners of any town.

(2) A sanitary authority may provide and maintain equipment and appliances for saving persons from drowning at—

(a) a bathing place or swimming bath maintained by them,

(b) a bathing place or swimming bath situate in their sanitary district to which the public are admitted free of charge and which is maintained neither by them, by any other sanitary authority nor by the commissioners of any town, or

(c) any place situate in their sanitary district where they think those appliances are likely to be of use.

(3) A person who wrongfully removes, interferes with or damages equipment or apparatus provided under this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds or, at the discretion of the court, to imprisonment for a term not exceeding one month or to both such fine and such imprisonment.

38. —(1) Where a sanitary authority maintain a swimming bath or bathing place, they may use it exclusively, or permit, either gratuitously or on payment, its exclusive use, for swimming practices, swimming contests, galas, or other entertainments.

(2) During the period between the 1st day of May and the 30th day of September in any year, a swimming bath or bathing place shall not be used or permitted to be used under this section for entertainments for a period exceeding twenty-one days or for a number of periods exceeding in the aggregate twenty-one days.

(3) A sanitary authority may make or authorise the making of special charges for admission to or for the use of a swimming bath or bathing place while used or permitted to be used under this section for entertainments.

39. —(1) A sanitary authority may arrange for the giving of instruction in swimming and saving persons from drowning.

(2) A sanitary authority may, at their discretion, make a charge for any instruction given in pursuance of an arrangement made by them under this section.

40. —A sanitary authority may, with the consent of the Minister, contribute to the funds of a society having as or among its objects the saving of persons from drowning.

41. —(1) A sanitary authority may make bye-laws for the regulation of public bathing within their sanitary district or in coastal waters adjoining their sanitary district, and the bye-laws may, in particular, provide for all or any of the matters mentioned in the Third Schedule to this Act.

(2) Where any coastal waters adjoin two or more sanitary districts, the Minister may by order provide that, for the purposes of subsection (1) of this section, the whole or a specified part of the coastal waters shall be regarded as adjoining any one of the sanitary districts and no other, and the said subsection (1) shall have effect accordingly.

42. —(1) A sanitary authority may make bye-laws for the regulation of a swimming bath, bathing place or washhouse maintained by them, for the regulation of persons resorting to the swimming bath, bathing place or washhouse and for the exclusion therefrom of undesirable persons, and the bye-laws may empower any officer of the sanitary authority or any member of the Gárda Síochána to request any person contravening any of the bye-laws to leave the swimming bath, bathing place or washhouse and to remove him therefrom if he does not comply with such request.

(2) A sanitary authority may make bye-laws for the regulation of a swimming bath or bathing place situate in their sanitary district to which the public are admitted free of charge or on payment of charges and which is maintained neither by them, by any other sanitary authority nor by the commissioners of any town, and the bye-laws may, in particular, provide for all or any of the matters mentioned in the Fourth Schedule to this Act.

(3) Where a bye-law is made under subsection (1) of this section in relation to any swimming bath, bathing place or wash house—

(a) such bye-law shall be posted and kept posted at such swimming bath, bathing place or wash house by the sanitary authority by whom the bye-law was made,

(b) if such sanitary authority fails or neglects to comply with paragraph (a) of this subsection, such sanitary authority shall be guilty of an offence under this subsection and shall be liable on summary conviction thereof to a fine not exceeding five pounds and, in the case of a continuing offence, to a further fine not exceeding one pounds for each day on which the offence is continued.

(4) Where a bye-law is made under subsection (2) of this section in relation to any swimming bath or bathing place—

(a) such bye-law shall be posted and kept posted at such swimming bath or bathing place by the owner thereof,

(b) if such owner fails or neglects to comply with paragraph (a) of this subsection, such owner shall be guilty of an offence under this subsection and shall be liable on summary conviction thereof to a fine not exceeding five pounds and, in the case of a continuing offence, to a further fine not exceeding one pound for each day on which the offence is continued.

43. —(1) Where the commissioners of a town which is not an urban district were, immediately before the commencement of this section, maintaining under the Act of 1846, a public bath washhouse or open bathing place, the following provisions shall, on and after such commencement, have effect—

(a) the commissioners may, notwithstanding the repeal of the Act of 1846, continue to maintain such public bath, washhouse or open bathing place, and may, with the consent of the Minister, improve or extend it;

(b) section 36 of this Act shall apply, in respect of any public bath, washhouse or open bathing place the maintenance of which is continued, under paragraph (a) of this subsection, by the Commissioners, as if—

(i) the references therein to a sanitary authority were construed as references to the commissioners, and

(ii) the references therein to a bath, swimming bath, bathing place, convenience for bathers or washhouse were construed as references to such public bath, washhouse, or open bathing place,

(c) sections 37 and 38 of this Act shall apply in respect of any open bathing place the maintenance of which is so continued as if—

(i) the references therein to a sanitary authority were construed as references to the commissioners, and

(ii) the references therein to a bathing place or swimming bath were construed as references to such open bathing place;

(d) section 39 of this Act shall be construed as if the reference therein to a sanitary authority included a reference to the commissioners;

(e) subsections (1) and (3) of section 42 of this Act shall apply, in respect of any public bath, washhouse or open bathing place the maintenance of which is so continued, as if—

(i) the references therein to a sanitary authority were construed as references to the commissioners, and

(ii) the references therein to a swimming bath, bathing place or washhouse were construed as references to such public bath, washhouse or open bathing place;

(f) if the commissioners continue to maintain any washhouse, they may provide thereat facilities for drying and ironing clothes and other articles;

(g) if, immediately before the commencement of this Part of this Act, the commissioners were not for all purposes a body corporate, then, notwithstanding the repeal of the Act of 1846, the commissioners shall, for the purposes of this section, continue to be a body corporate by the name assigned to them by section 6 of the Act of 1846;

(h) the commissioners may, with the consent of the Minister, transfer to the sanitary authority for the sanitary district in which such town is situate, any public bath, washhouse or open bathing place the maintenance of which is so continued.

(2) In this section the expression “the Act of 1846” means the Baths and Washhouses (Ireland) Act, 1846.