Part 10OFFENSIVE TRADES

PART 10—OFFENSIVE TRADES Division 1—General 10.1 Interpretation In this Part, unless the context otherwise requires— occupier in relation to premises includes the person registered as the occupier of the premises specified in the Certificate of Registration; offensive trade means any trades as defined by section 186 of the Act; and premises includes dwelling house. Division 2—Consent and registration 10.2 Interpretation Certificate of Registration means the certificate of registration of premises for offensive trade, issued under clause 10.6. 10.3 Consent to establish an offensive trade A person seeking the consent of the local government under section 187 of the Act to establish an offensive trade shall make application in the form approved by the local government and in accordance with the local government’s local planning scheme. 10.4 False statement A person who makes a false statement in an application under clause 10.3 shall be guilty of an offence. 10.5 Registration of premises An application for the registration of premises pursuant to section 191 of the Act shall be— (a) in the form approved by the local government; (b) accompanied by the fee prescribed in the Health (Offensive Trades Fees) Regulations 1976 as amended from time to time; and (c) lodged with the CEO. 10.6 Certificate of registration Upon the registration of premises for the carrying on of an offensive trade, the local government shall issue to the applicant a certificate in the form approved by the local government. 10.7 Change of occupier Where there is a change of occupier of the premises registered pursuant to this Division, the new occupier shall forthwith notify the CEO in writing of such change.

21 June 2017 GOVERNMENT GAZETTE, WA 3091 10.8 Alterations to premises While any premises remain registered under this Division, a person shall not, without the written permission of the local government, make or permit any change or alteration whatever to the premises. Division 3—General duties of an occupier 10.9 Interpretation occupier means the occupier, or where there is more than 1 occupier, each of the occupiers of the premises in or upon which an offensive trade is carried on; and the premises means those premises in or upon which an offensive trade is carried on. 10.10 Cleanliness (a) keep or cause to be kept in a clean and sanitary condition and in a state of good repair the floors, walls and ceilings and all other portions of the premises; (b) keep or cause to be kept in a clean and sanitary condition and in a state of good repair all fittings, fixtures, appliances, machinery, implements, shelves, counters, tables, benches, bins, cabinets, sinks, drain boards, drains, grease traps, tubs, vessels and other things used on or in connection with the premises; (c) keep the premises free from any unwholesome or offensive odour arising from the premises; (d) maintain in a clean and tidy condition all yards, footpaths, passage ways, paved areas, stores or outbuildings used in connection with the premises; and (e) clean daily and at all times keep and maintain all sanitary conveniences and all sanitary fittings and grease traps on the premises in a clean and sanitary condition. 10.11 Rats and other vectors of disease (a) ensure that the premises are kept free from rodents, cockroaches, flies and other vectors of disease; and (b) provide in and on the premises all effective means and methods for the eradication and prevention of rodents, cockroaches, flies and other vectors of disease. 10.12 Sanitary conveniences and hand wash basins The occupier shall provide on the premises in an approved position sufficient sanitary conveniences and hand wash basins, each with an adequate supply of hot and cold water for use by employees and by all other persons lawfully upon the premises. 10.13 Painting of walls etc. The occupier shall cause the internal surface of every wall, the underside of every ceiling or roof and all fittings as may be directed in and on the premises to be cleaned and painted when instructed by an Environmental Health Officer. 10.14 Effluvia, vapours, gases or dust (1) The occupier shall provide, use and maintain in a state of good repair and working order, appliances and preventive measures capable of effectively destroying or of rendering harmless all offensive effluvia, vapours, dust or gases arising in any process of his or her business or from any material, residue or other substance which may be kept or stored upon the premises. (2) The occupier shall manage and operate the premises such that odours emanating from the premises do not unreasonably interfere with the health, welfare, convenience, comfort or amenity of any person. 10.15 Offensive material (a) provide on the premises impervious receptacles of sufficient capacity to receive all offensive material and trade refuse produced upon the premises in any 1 day; (b) keep airtight covers on the receptacles, except when it is necessary to place something in or remove something from them; (c) cause all offensive material and trade refuse to be placed immediately in the receptacles; (d) cause the contents of the receptacles to be removed from the premises at least once in every working day or at such other intervals as may be approved or directed by an Environmental Health Officer; and (e) cause all receptacles, after being emptied, to be cleaned immediately with an efficient disinfectant. 10.16 Storage of materials The occupier shall cause all material on the premises to be stored so as not to be offensive or injurious to health whether by smell or otherwise and so as to prevent the creation of a nuisance.