104. Improper construction or repair of water closet or drain.

If a water closet1, drain2 or soil pipe is so constructed or repaired as to be prejudicial to health3 or a nuisance4, the person who undertook or executed the construction or repair is liable on summary conviction to a fine5, unless he shows that the prejudice to health or nuisance could not have been avoided by the exercise of reasonable care6.

A person charged with such an offence (the 'original defendant') is entitled, upon information duly laid by him and on giving to the prosecutor not less than three clear days' notice of his intention, to have any other person,