370GOVERNMENT GAZETTE, WA 16 February 2022

370 GOVERNMENT GAZETTE, WA 16 February 2022 (2) A person shall not use or occupy, or permit to be used or occupied, a dwelling house without a kitchen which complies with the requirements of the NCC and which is equipped with— (a) a cooking facility which is adequate in the opinion of an authorised person; and (b) a sink which is adequate in the opinion of an authorised person and which has an adequate supply of hot and cold water. (3) The occupier of a dwelling house shall ensure that the stove, oven and sink are kept clean, in good order and repair and fit for use. (4) A cooking facility shall— (a) be installed in accordance with the requirements of— (i) the Department of Mines, Industry Regulation and Safety; and (ii) the manufacturer’s specifications; and (b) not be installed or used in any room other than a kitchen. (5) Mechanical ventilation that is installed in a kitchen, shall be— (a) carried to the outside air as directly as practicable unless adequately filtered for recirculation; and (b) boxed throughout. (6) Mechanical ventilation shall be maintained in good working order and condition. PART 3—HOUSING AND GENERAL Division 1—Maintenance of dwelling houses 3.1 Dwelling house maintenance The owner or occupier of a dwelling house shall maintain the dwelling house and any appurtenant buildings, in sound condition and fit for use and, in particular, shall— (a) maintain all roofs, guttering and downpipes in a good state of repair, clean and free from obstructions; (b) maintain any footings, foundations and walls, either external or internal, in a sound condition; (c) replace any missing, broken, decayed or termite-eaten timber or other deteriorated material in any verandah, roof, walls, steps, handrails, floors or their supports with material of sound quality; (d) comply with any direction in writing given by an authorised person to treat the premises for the purpose of destroying any termites; (e) maintain any brick, stone, mortar or cement work in a sound condition; (f) maintain, repair or replace any flashings, damp proof course or ant caps, which are missing or defective; (g) maintain all ventilators in good order and repair; (h) maintain all floors even and level in surface and free from cracks and gaps; (i) maintain all ceilings, internal wall finishes, skirtings, architraves and other fixtures and fittings complete and with smooth unbroken surfaces; (j) maintain all doors and windows in good working order and weatherproof condition; (k) retain all natural lighting free from any obstruction which would reduce the natural lighting, below the ratio of 10% of the floor area; (l) maintain all pipes, fittings and fixtures connected with water supply, drainage or sewerage so that they comply in all respects with— (i) the provisions of the Water Services Act 2012; (ii) the NCC with regards to plumbing and relevant associated standards; and (iii) any other legal requirements to which they are subject; and (m) maintain all electric wiring, gas services and fittings to comply in all respects with the requirements of all relevant public authorities. Division 2—Ventilation of dwelling houses 3.2 Exemption for short term hostels and recreational campsites This Division shall not apply to short term hostels and recreational campsites referred to in Division 2 of Part 10. 3.3 Overcrowding The owner or occupier of a dwelling house shall not permit— (a) a room in the dwelling house that is not a habitable room to be used for sleeping purposes; (b) a habitable room in the dwelling house to be used for sleeping purposes unless— (i) for every person over the age of 10 years using the room there is at least 14 cubic metres of air space per person; and (ii) for every person between the ages of one and ten years there is at least eight cubic metres of air space per person; or