City of Bayswater Health Local Law 2023
2938GOVERNMENT GAZETTE, WA 25 August 2023
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2938 GOVERNMENT GAZETTE, WA 25 August 2023 “lodger” means a person who obtains, for hire or reward, board or lodging in a lodging house; “lodging house” includes a recreational campsite, a serviced apartment and a short-term hostel but does not include a premises licensed under the Liquor Act 1988, a premises approved as a boarding school under the School Education Act 1999, and any building comprising of residential flats; “manager” means a person duly appointed by the keeper in accordance with this Division to reside in, and have the care and management of, a lodging house; “recreational campsite” means a lodging house— (a) situated on a campsite principally used for— (i) recreational, sporting, religious, ethnic or educational pursuits; or (ii) conferences or conventions; and (b) where the period of occupancy of any lodger is not more than 14 consecutive days, and includes youth camps, youth education camps, church camps and riding schools; “register of lodgers” means the register kept in accordance with Section 157 of the Act and this Part; “resident” means a person, other than a lodger, who resides in a lodging house; “serviced apartment” means a lodging house in which each sleeping apartment, or group of sleeping apartments in common occupancy, is provided with its own sanitary conveniences and may have its own cooking facilities; “short term hostel” means a lodging house where the period of occupancy of any lodger is not more than 14 consecutive days and shall include youth hostels and backpacker hostels; and “vector of disease” means an arthropod or rodent that transmits, by biological or mechanical means, an infectious agent from a source or reservoir to a person, and includes fleas, bedbugs, crab lice and head lice. (2) Where in this Part an act is required to be done or forbidden to be done in relation to any lodging house, the keeper of the lodging house has, unless the contrary intention appears, the duty of causing to be done the act so required to be done, or of preventing from being done the act so forbidden to be done, as the case may be. 8.2 Lodging House not to be Kept Unless Registered A person shall not keep or cause, suffer or permit to be kept a lodging house unless— (a) the lodging house is constructed in accordance with the requirements of this Part; (b) the lodging house is registered by the local government under section 8.4; (c) the name of the person keeping or proposing to keep the lodging house is entered in the register of keepers; and (d) either— (i) the keeper; or (ii) a manager who, with the written approval of the Principal Environmental Health Officer, has been appointed by the keeper to have the care and management of the lodging house, resides or intends to reside continuously in the lodging house whenever there are one or more lodgers in the lodging house. 8.3 Application for Registration An application for registration of a lodging house shall be - (a) in the form prescribed in Schedule 1; (b) duly completed and signed by the proposed keeper; and (c) accompanied by— (i) the fee as fixed from time to time by Council under Section 344C of the Act; and (ii) detailed plans and specifications of the lodging house. 8.4 Approval of Application The local government may approve, with or without conditions, an application under section 8.3 by issuing to the applicant a certificate in the form of Schedule 2. 8.5 Renewal of Registration A person who keeps a lodging house that is registered under this Part shall— (a) during the month of December in each year apply to the local government for the renewal of the registration of the lodging house; and (b) pay the fee as fixed from time to time by Council under Section 344C of the Act at the time of making each application for renewal. 8.6 Notification upon Sale or Transfer If the owner of a lodging house sells or transfers or agrees to sell or transfer the lodging house to another person, he or she shall, within 14 days of the date of sale, transfer or agreement, give to the Chief Executive Officer, in the form of Schedule 3 written notice of the full name, address and occupation of the person to whom the lodging house has been, or is to be, sold or transferred.