5128GOVERNMENT GAZETTE, WA 15 November 2016

5128 GOVERNMENT GAZETTE, WA 15 November 2016 dwelling house means a place of residence containing at least one sleeping room and includes a room or outbuilding separate from, but ancillary to, the building in which the sleeping room is located; EHO means an Environmental Health Officer appointed by the local government under the Act and includes any acting or Assistant Environmental Health Officer; Energy Safety WA means the EnergySafety division of the Department of Commerce; habitable room means a room used for normal domestic activities, and— (a) includes a bedroom, living room, lounge room, music room, television room, kitchen, dining room, sewing room, study, play-room, family room and sun-room or the like; but (b) excludes a bathroom, laundry, water closet, pantry, walk-in wardrobe, corridor, lobby, photographic dark room, clothes-drying room, and other spaces of a specialised nature occupied neither frequently nor for extended periods; hot water means water at a temperature of at least 65 degrees Celsius; local planning scheme has the meaning given to it by the Planning and Development Act 2005; medical officer means the medical officer appointed by the local government under the Act and includes an acting medical officer so appointed; nuisance has the meaning given in Section 182 of the Health Act 1911; offensive matter means and includes dust, mud, ashes, rubbish, filth, blood, offal, manure, soil or any other material which is offensive and which is placed or found in or about any house, stable, cowhouse, pigsty, lane, yard, street or place whatsoever; public place includes every place to which the public ordinarily have access, whether by payment of a fee or not; sanitary convenience includes urinals, water-closets, earth-closets, privies, sinks, baths, wash troughs, apparatus for the treatment of sewage, ash-pits, ash-tubs, or other receptacle for the deposit of ashes, faecal matter or refuse and all similar conveniences; sewage means any kind of sewage, nightsoil, faecal matter or urine, and any waste composed wholly or in part of liquid; sewer includes sewers and drains of every description, except drains to which the word “drain” as defined in the Act applies, including water channels constructed of stone, brick, concrete, or any other material, including the property of the local government; street includes any highway, and any public bridge, and any road, lane, footway, square, court, alley or passage, whether a thoroughfare or not; toilet means a water closet, earth closet, privy or urinal and includes a room or cubicle in which one or more of these is located; townsite means all townsites within the district which are— (a) constituted under section 26(2) of the Land Administration Act 1997; or (b) referred to in clause 37 of Schedule 9.3 of the Local Government Act 1995; crab lice, body lice and head lice; water means drinking water within the meaning of the Australian Drinking Water Guidelines 2011 as published by the National Health and Medical Research Council and as amended from time to time; and window means a glass panel, roof light, glass brick, glass louvre, glazed sash, glazed door or other device which transmits natural light directly from outside a building to the room concerned when in the closed position. (2) Where in this local law, a duty or liability is imposed on an owner or occupier, the duty or liability shall be taken to be imposed jointly and severally on each of the owner or occupier. (3) Where under this local law, an act is required to be done or forbidden to be done in relation to any premises, the owner or occupier of those premises 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. PART 2—SANITATION Division 1—Sanitary conveniences festival includes a fair, function or event; organiser means a person— (a) to whom approval has been granted by the local government to conduct the festival; or (b) responsible for the conduct of the festival; public sanitary convenience means a sanitary convenience to which the public ordinarily has access, whether by payment of a fee or not;