Standard Cement Concrete Roofing Tiles Act of 1948 (12 Geo Vi No. 27) (Qld)

278 ROOFING TILES. Standard Cement Roofing Tiles Act. 12 GEO. VI. No. 27, REGISTRATION OF BIRTHS, DEATHS AND MARRIAGES. See MARRIAGE AND DIVORCE. ROOFING TILES. 12 N G o E . O 2 . 7 V . I. An Act to Provide for a Standard Specification for STANDARD CEMENT Cement Concrete Tiles manufactured, sold or CONCRETE ROOFING used in Queensland for Roofing Purposes; TILES ACT OF 1948. and for other purposes. [ASSENTED TO 6TH APRIL, 1948.] B E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- Short title. 1. (1.) This Act may be cited as "The Standard Cement Concrete Roofing Tiles Act of 1948." Commence- * (2.) This Act shall, except as herein otherwise ment of Act. provided, come into force upon a date to be fixed by the Governor in Council by Proclamation published in the Gazette. Interpreta- 2. This Act and every Proclamation, Order in tion of Act. Council and regulation made under this Act shall be read and construed so as not to exceed the legislative power of the State to the intent that where any enactment hereof or provision of any such Proclamation, Order in Council or regulation would but for this section have been construed as be!illg in excess of that power it shall nevertheless be a valid enactment or provision to the extent to which it is not in excess of that power. Meaning of 3. In this Act, unless the context otherwise indicates terms. or requires, the following terms have the meanings respectively assigned to them, that is to say:- Minister. " Minister "-The Secretary for Public Works or other Minister of the Crown for the time being charged with the administration of this Act; Person. " Person "-Includesany body corporate; '" Commenced 17th May, 1945. (See Proclamation published in GaZ6tt6 of 15th May, 1948, p. 1921.)

1948. ROOFING TILES. ---- - - ~ - - -- - Standard Cement Roofing Tiles Act. 279 " Sale" (with its derivatives)-Includes barter Sale>. and also includes offering or attempting to sell, or receiving for sale, or exposing or having in possession for sale, or sending, forwarding, or delivering for or on sale, or causing or suffering or permitting or allowing to be sold or offered or exposed for sale. 4. (1.) The Governor in Council may from time Officers. to time appoint such inspectors and other officers as may be necessary for the effectual execution of this Act. (2.) The Minister may from time to time appoint !I0norary by writing under his hand any person or persons as mspectors. honorary inspectors under this Act; and any person so appointed shall be entitled to exercise the powers conferred upon an inspector - by this Act during the period he remains so appointed. The Minister may revoke any such appointment at any time. 5. (1.) The specification contained in the Schedule Stan?-9.rd. to this Act, hereinafter referred to as the "Standard ~! e~~ ~ :~ ~ on Specification", shall be deemed and is hereby declared concrete to be the Standard Specification for cement concrete tiles !~~ ~~r for roofing purposes manufactured in Queensland for purposes. sale or sold in Queensland. (2.) The Governor in Council may from time to Power to time by Order in Council alter the Standard Specification ~ : ~ ~ ~ : : e by including therein requirements for other specified Specifica- types of cement concrete roofing tiles and may from time tIon. to time by Order in Council rescind, amend, add to, or otherwise alter any of the requirements, including types of cement concrete roofing tiles and the require- ments relating respectively thereto, contained in the Standard Specification and upon the publication of any such Order in Council in the Gazette the Standard Specification as so altered shall be the Standard Specification for the purposes of, and shall have the same effect as if enacted in this Act until and if again altered by the publication in the Gazette of any further Order in Council in pursuance of this subsection.

280 ROOFING TILES. Standard Cement Roofing Tiles Act. 12 GEO. VI. No. 27, Any such alteration of the Standard Specification shall not affect any liability or penalty incurred in respect of any contravention of this Act prior to the date of such alteration or any proceeding or remedy which might have been had in relation thereto unless expressly so provided by the Order in Council. Cement concrete 6. (1.) A person shall not- tiles for roofing purposes (i.) Mtoanbuefamctaunrueffaocrtusareled o £ rocrasuasele, ; peormr it, or suffer manu- factured for sale, sold, or (ii.) Sell, scwuoipmthppltilheyde to ccoemmepn I yt c i o n ncar 11 eteretsilpeescftsor wroiotfhingthepurrpeoqsueisrewmheincths doof nthoet Standard Standard Specification. Specifica- tion. (2.) A person shall not under a contract supply cement concrete tiles for roofing purposes which do not comply in all respects with the requirements of the Standard Specification. (3.) A person shall not make any statement or representation, whether in writing or not, or use any mark which conveys or is likely to convey the impression that any cement concrete tiles for roofing purposes comply with the requirements of the Standard Specification when such tiles do not comply in all respects with such requirements. (4.) A person shall not use or permit or allow to be used in or for the purpose of constructing, maintaining, or repairing the roof or any part of the roof of a dwelling- house or other structure used or designed for human habitation, any cement concrete tiles which do not comply in all respects with the requirements of the Standard Specification. (5.) (a) A person shall not sell or agree to sell a. dwelling-house or other structure used or designed for human habitation and roofed either wholly or partly with cement concrete tiles which do not comply in all respects with the requirements of the Standard Specifica- tion unless, prior to such sale or agreement to sell, he gives the intending purchaser a notice in writing in accordance with the requirements hereinafter contained in this subsection:

1948. HOOFING TILES. Standard Cement Roofing Tiles Act. 281 Provided that it shall be a defence to a prosecution for any offence under this' subsection to show- (i.) That such dwelling-house or other structure was so roofed either wholly or partly with cement concrete tiles prior to the commence- ment of this Act; and (ii.) That the seller or intending seller did not know and was not in a position to know that the cement concrete tiles in such roof did not comply in all respects with the require- ments of the Standard Specification. (b) A notice in writing under this subsection shall- (i.) State clearly the fact that the structure is roofed either wholly or partly with cement concrete tiles which do not comply in all respects with the requirements of the Standard Specification; (ii.) Show the names of the parties to such sale or agreement to sell, nominally or by description or reference so that there can be no dispute as to their identity; (iii.) Clearly identify the structure to which the notice relates; (iv.) State the date on which such notice is given; (v.) Be signed by the person giving the notice; and shall not contain any other written, typewritten, or printed matter whatsoever. Any document which fails to comply in full with these requirements shall not be a notice under and within the meaning of this subsection. 7. (1.) Any person who contravenes or fails to Penalties for comply with any provision of this Act shall be guilty offences. of an offence. (2.) Any person guilty of an offence against any provision of this Act shall be liable to a penalty not exceeding one hundred pounds. (3.) Any offence against this Act may be prosecuted in a summary way under *" The Jv.stices Acts, 1886 to 1946," upon the complaint of an inspector or other person authorised by the Minister. * 50 v. No. 17 and amending Acts.

282 ROOFING TILES. Standard Cement Roofing Tiles Act. 12 GEO. VI. No. 27, (4.) A prosecution for any of the offences under this Act may be instituted within six months after the offence was committed or within six months after the discovery of the offence, whichever is the later period. Forfeiture. 8. (1.) In the case of any conviction under this Act, any cement concrete tiles to which the conviction relates may, by order of the court which heard and determined the complaint upon which such conviction was adjudged, be forfeited to His Majesty. Such forfeiture may extend to the whole lot of the cement concrete tiles from which such tiles were taken, and may extend further to the whole of any similar cement concrete tiles belonging to the defendant or found on the defendant's premises or in his possession at the time of the commission of the offence. (2.) All cement concrete tiles forfeited under this Act shall be disposed of as directed by the Minister. Proof of offence. 9. (1.) Where in any prosecution under this Act an offence is proved in regard to any cement concrete tiles such offence shall be deemed to have been proved with regard to the whole lot of cement concrete tiles from which the tiles were taken. (2.) The burden of proof that any cement concrete tiles are not for sale for roofing purposes shall in every case be on the defendant. Method of testing. 10. Where the methods of selecting for testing and/or testing cement concrete tiles of a particuJar type are provided in the Standard Specification cement concrete tiles of that type shall be selected f01 testing and/or tested in accordance with such methods. Powers of inspectors. 11. Any inspector may- (a) Enter and inspect any land, building, premises, or place where or in which he has reasonable grounds for believing cement concrete tiles are situated, and inspect and examine any cement concrete tiles found thereon or therein ; (b) Inspect and examine any cement concrete tiles which are being conveyed or which are at any place in the course of or for the purpose of being conveyed from one place to another;

ROOFING TILES. 283 1948. Standard Cement Roofing Tiles Act. (c) Select and remove for examination and/or testing tiles from any lot of cement concrete tiles found ; (d) Seize and detain any cement concrete tiles intended or which in his opinion are intended for roofing purposes and which do not con- form or which appear to him not to conform in all respects to the requirements of the Standard Specification. (e) At any time require any person found in possession of any cement concrete tiles intended or which in his opinion are intended for roofing purposes to supply his name and address, the name and address of the seller from whom he purchased such tiles and also to produce for inspection any invoice or other document given to him by the seller concerning such tiles. 12. Cement concrete tiles seized by an inspector Power of the under this Act shall be dealt with as the Minister or, ~ ist~ rhto subject to the Minister, the inspector seizing the same ti~: s : : ~ ed. shall direct. Moreover, all costs and charges incurred for handling, storing, and/or otherwise dealing with any cement concrete tiles that do not conform to or fail to conform· to any requirement of the Standard Specification for that type of tiles to which such tiles belong consequent upon the seizure and detention thereof under this Act shall be payable by the owner and, if not paid upon demand, recoverable from him as a debt. 13. A person shall not- Ohstruction of inspectors, (a) Assault, obstruct, threaten, or intimidate any &c. inspector in the exercise of his powers or in the discharge of his duties under this Act, or attempt so to do; or (b) Refuse to allow to be removed, or seized, or attempt to prevent the removal or seizure of any cement concrete tiles in accordance with this Act; or (c) Retake or attempt to retake anv cement concrete tiles removed or seized tl:nder this Act; or

284 ROOFING TILES. Standard Cement Roofing Tiles Act. 12 GEO. VI. No. 27, (d) Refuse to state his name and address or the name and address of any other person or refuse to produce any invoice or other docu- ment, or to allow, upon production, such invoice or other document to be inspected, when so requested by an inspector, or state in answer to a request for a name and address a false name and address, or name, or address. ImP~ e? - 14. (1.) If cement concrete tiles for roofing purposes ~ ~ ~ ~ : ~ : t as are supplied under a contract or sold there is an implied concrete condition that such tiles comply in all respects with the ! ~ : ~ ! ~ requirements of the Standard Specification. purposes. (2.) Where a person sells or agrees to sell a dwelling- house or other structure used or designed for human habitation and roofed either wholly or partly with cement concrete tiles without having given prior notice in writing in accordance with subsection five of section six of this Act, then the contract or agreement shall be deemed to contain an implied condition that such cement concrete tiles comply in allrespects with the requirements of the Standard Specification. (3.) Any condition implied by virtue of this section shall be in addition to any condition or warranty expressed or implied by law. (4.) Subject to subsection five of this section, any . covenant, agreement, or condition expressed or implied in a contract or agreement or in a separate document whereby it is agreed between the parties to that contract or agreement that a condition implied by this section in relation to cement concrete tiles shall not be legally binding as against the seller or contractor, shall be absolutely void and of no legal effect whatsoever. (5.) A condition by this section implied in any contract or agreement in relation to cement concrete tiles may be waived by a party (other than the contractor) to such contract or by the purchaser, or such party or purchaser may elect to treat the breach of such condition as a breach of warranty and not as a ground for treating the contract, agreement or sale as repudiated: Provided that such purchaser or party shall not be bound by waiver or election under this section unless made by him after the date upon which he first has knowledge that the tiles in question do not comply in all respects with the requirements of the Standard Specification.

1948. ROOFING TILES. Standard Cement Roofing Tiles Act. 285 (6.) The seller or, in the case of cement concrete tiles for roofing purposes supplied under a contract, the contractor shall, if thereunto required by the purchaser or, in the case of such contract, another party thereto remove from any land or premises owned or occupied by such purchaser or party without cost to him all concrete tiles for roofing purposes sold or supplied by such seller or contractor which do not comply in all respects with the requirements of the Standard Specification. (7.) The provisions of this section shall be read and construed so as not to limit or affect any other provision of this Act constituting any act or omission an offence or the liability to punishment under this Act of any person committing that offence. 15. The purchaser of cement concrete tiles for Rights of roofing purposes or, in the case of cement concrete tiles ~ ~ chaser, for roofing purposes supplied under a contract, a party (other than the contractor) to such contract may request- (i.) In the case of such contract, the contractor or manufacturer; or (ii.) In the case of such sale, the seller or manufacturer to make in relation to such tiles all or any of the tests specified in the Standard Specification and thereupon the seller, contractor or manufacturer shall make such test or tests. If the tiles so tested conform in all respects to the requirements of the Standard Specification the cost of the test or tests shall be borne by the person by whom the request was made; but if the tiles fail to comply in any respect with such requirements then the cost of such test or tests shall be borne by the seller, contractor or manufacturer who made the test or tests pursuant to such request. 16. (1.) The Governor in Council may make Regulations. regulations prescribing all matters which, by the Act, are required or permitted to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to this Act. (2.) Regulations may be made on the passing of this Act.

286 HOOFING TILES. Standard Cement Roofing Tiles Act. -------------- 12 GEO. VI. No. 27, (3.) All regulations made under this Act shall upon publication in the Gazette be judicially noticed. OCreorgduuenlrcasitli i o n annsd unde1r 7th. iAs llAcOt rdsherasll inbe Claoiudncbilefaonred Praergluialamtieonnts wmitahdine Ptboeafrboleiraelmaiednt. foor,ur i t f ePenardliaaymseanftteirs thneotputhbelincastiitotinngthfeorreotfheinttrhaens G ac az ti e o tt n e of business, within fourteen days after it next commences to sit. If Parliament within fourteen sitting days after any such Order in Council or regulation has been laid before it resolves that any provision of such Order in Council or regulation ought to be annulled, such provision shall cease to have effect, but without prejudice to the validity of anything done thereunder in the meantime or to the power to make a new Order in Council or regulation. THE SCHEDULE. STANDARD SPECIFICATION FOR CEMENT CONCRETE ROOFING TILES. 1. 8cope.-This specification applies to concrete interlocking roofing tiles known as the Marseilles pattern, and their associated fittings, hereinafter in this Schedule referred to as "tiles." 2. Cement.-The cement used in the manufacture of the tiles shall comply with the requirements of the standard approved by the association known as Standards Association of Australia and contained in Australian Standard No. A.2, Portland Cement and High Early Strength Portland Cement. 3. Aggregate.-The aggregate shall consist of clean, hard par- ticles of mineral origin and shall be free from : (a) Harmful organic impurities; (b) Clay, except where present in a finely divided state and then not more than five per cent. ; (c) Sea-shell fragments, whether larger or smaller than the maximum-sized particles of other aggregates; (d) Salts, acids or other harmful compounds; The maximum size of the constituent parts of the aggregate shall not exceed one-half the minimum thickness of the tile. 4. Pigment.-Any pigment incorporated in the body or the surface coating of the tiles shall comply with the requirements of the standard approved by the association known as Standards Association of Australia and contained in Australian Standard No. K.54, Colour Pigments for Use with Portland Cement. 5. Colour.-Cement and pigment used for colouring tiles shall be thoroughly inter-mixed in a suitable type of ball, blade, or QQUQid mill.

1948. ROOFING TILES. Standard Cement Roofing Tiles Act. 6. Workman8hip and Fini8h.-All tiles shall be of regular shape, thoroughly compacted, sound, and shall interlock. The surface finish shall be dense and shall be free from pitting, scoring, and irregularities. Any distortion, in relation to the points of support, shall not exceed one-sixteenth part of an inch. 7. Dimen8ions.- (a) Overall Length. The overall length of tiles shall be as given in the Table below. (b) Width of Exp08ed Surface. The width of exposed surface of tiles, according to their overall length, shall be as given in the Table below. TABLE. SURFACE DIMENSIONS OF TILES. I Overall Length Width of Exposed I_____ ,_in._._ _ _ _ 1_ _ _ Su _ rfa _ ce _ , i _ n. _ _ _1 I 15 to 15t 8 + k 0 15 to 15t + 8i 0 1 "8 16i to 16£ + 8 1 2 ! 0 16i to 16£ 10 + 0 ! (c) Thickne88. The thickness of tiles shall be not less than three- eighths of an inch except in the interlocking portion, where the thickness shall be not less than five-sixteenths of an inch, provided that tiles which comply with the requirements of clause fourteen of this Schedule for transverse strength and with clause sixteen of this Schedule for permeability shall not be rejected merely because they do not comply with the minimum thickness requirements. 8. Side Lap.-The side lap shall be not less than one inch wide and shall include a main water channel not less than one-eighth of an inch deep. Subsidiary water channels, if provided, shall be not less than three-thirty-seconds of an inch deep. 9. Weathering Check.-At the head of each tile there shall be a weathering check not less than half an inch deep, measured at the centre of the main watercourse. The weathering check shall extend across main watercourses and water channels in the side lap. 10. Lug8 and Nib8.- (a) Batten Lugs. On the underside of each tile there shall be two batten lugs. The depth of the lugs shall be such that the hanging side engages the batten by not less than three-eighths of an inch. 287

288 ROOFING TILES. Standard Cement Roofing Tiles Act. 12 GEO. VI. No. 27, (b) Supporting Nibs. At the lower edge of each tile there shall be two projecting nibs which reasonably fit the watercourses of the tiles immediately below when the tiles are placed in the positions they would normally occupy as laid on a roof. 11. Wiring Hole.-Provision for wiring shall be effected by means of a hole of one-eighth of an inch in diameter through a suitable lug on the underside of each tile. The wiring hole shall be not less than one-quarter of an inch from the outer edge of the lug, except that, in the case of metal lugs, the hole shall be not less than one- eighth of an inch from the outer edge of the lug. Where metal lugs are used for wiring, they shall be corrosion-resistant. 12. Fittinys.-Hip tiles, ridges and other special tiles shall .conform to the standard quality for the tiles with which they are to be laid. Hip tiles and ridges shall be not less than one-half inch thick nor more than twenty inches long, and shall have an internal horizontal span of not less than six and one-half inches. The end-flange cover of ~ hese fittings shall be not less than one inch. 13. Branding.-At least five per cent. of tiles manufactured by equipment installed prior to the passing of this Act shall be clearly and permanently branded with the manufacturer's name or trade mark registered under the *Trade Marks Act 1905-1936 of the Commonwealth. All tiles manufactured by equipment installed after the passing of this Act shall be clearly and permanently branded with the manu- facturer's name or trade mark regist,ered under the *Trade Marks Act 1905-1936 of the Commonwealth. 14. Transverse Strength.-At the time of delivery to the site of the work, the average transverse breaking strength of the tiles, when tested wet in the manner described in this clause, shall be not less than one hundred and twenty pounds. The method of carrying out the transverse breaking test of tiles shall be as follows ;- (a) Test Specimens. Six tiles shall be tested in order to determine the transverse breaking strength. (b) Procedure. The six tiles shall be immersed in water at room temperature for a period of twenty-four hours and immediately tested wet in the following manner ;- A batten two inches wide and not less than one inch thick shall be placed under the tile and against the batten lugs in a position similar to that which the batten will occupy in relation to the tile in use. The supporting nibs shall be made to rest on the centre of a similar batten. With the tile thus supported in a horizontal position on the two battens, the load shall be applied along the width of the tile through a third batten two inches wide, placed midway between and parallel to the supporting battens. The batten through which the load is applied shall be separated from the tile by a layer of felt one-quarter of an inch thick. The load shall be applied at a uniform rate of one hundred to one hundred and fifty pounds per minute until failure occurs. * No. 20 of 1905 of the Commonwealth and amending Acts.

]D48. ROOFING TILES. ----- .. ~ ~- - -- - - - - Standard Cement Roofing Tiles Act. - ~ ~ - - - - ~ - - (c) Test Result. The average breaking load of the six tiles tested shall be taken as the transverse strength. 15. Water Absorption.-At the time of delivery to the site of the work, the average percentage of water absorption of the tiles, when determined in the manner described in this clause, shall be not more than ten per cent. The method for the determination of water absorption of tiles shall be as follows :- (a) Test Specimens. The portions of the six tiles fractured in the transverse breaking test shall be tested in order to determine the water absorption. (b) Procedure. Immediately following the transverse breaking test the fractured halves, or major portions thereof, of the six saturated tiles which have been broken shall be weighed in such a manner as to give an individual weight with relation to each of the six tiles under t~ st. The broken tiles shall then be oven-dried at a temperature of 65° C. (150°F.) for a period of twenty-four hours, cooled to room temperature and reweighed so as to give corresponding individual weights with relation to each of the six tiles tested. The decrease in weight expressed as a percentage of the oven-dry weight shall be the percentage of water absorption. (c) Test Result. The average percentage of the six tiles tested shall be taken as the water absorption. 16. Permeability.-At the time of delivery to the site of the work, the permeability of the tiles, when tested in the manner described in this clause, shall be such that, at the end of twenty-four hours, no water shall have dripped from the underside of the tiles. Should only one of the tiles tested fail to comply with the above requirement, the test shall be repeated on three further tiles selected from the same lot as that from which the original tiles tested were taken. If each of the three additional tiles tested complies with the permeability requirement specified above, the lot shall be considered to have passed the test. The method of carrying out the permeability test of tiles shall be as follows :- Three tiles shall be tested as set out below: A metal frame shall be fitted around the perimeter of each tile tested and shall extend from one-quarter of an inch below the underside of the tile to not less than two inches above the invert of the main watercourse. The frame shall be attached to the edges of the tile in such a manner as to form a watertight seal. This shall be accomplished by dipping the edges of the tile in a suitable compound such as Faraday wax (a mixture of approximately five parts of resin, one part of beeswax and one part of red ochre) or by other means of sealing them, care being taken that the front face of the weathering check and the inverts of the side water channels '),re not sealed. x 289

ROOFING TILES. Standard Cement Roofing Tiles Act. 12 GEO. VI. No. 27, 1948. The tile, sealed in the frame, shall then be supported topside uppermost in a horizontal position on impervious supports, care being taken to see that the body of the tile is not in contact with the supports. The supports shall be at a convenient height for making observations of the underside of the tile. A two-inch head of water, measured from the invert of the main watercourse, shall be maintained on the tile for a period of twenty- four hours. If necessary, water shall be added during the test to maintain the requisite head. 17. Test Specimen..'1- (a) Selection. For the purpose of tests, tiles shall be selected as representative of the whole lot of tiles from which they are selected. (b) Number. For the transverse strength, water absorption and permeability determinations, twelve tiles shall be selected from each lot ~ f two. thousand tiles (or part thereof). Additional test specimens may be taken at the discretion of the selector, but the total number of test specimens shall not exceed one per cent. of the number of tiles in the lot. (c) Identification. Each test specimen shall be marked so that it may be identified at any time with the lot which it represents. Markings shall cover not more than five per cent. of the superficial area of the specimen. RURAL ADVANCES, CO-ORDINATION OF. See BANKIING. SICKNESS BENEFIT BUSINESS. See SOCIETIES.