Health (Public Buildings) Regulations 1992 (Western Australia)

Mechanically, the Health (Public Buildings) Regulations 1992 set the detailed administrative, safety and maintenance rules that apply to public buildings in Western Australia under the Health (Miscellaneous Provisions) Act 1911. The regulations prescribe application and certification processes (Forms 1, 2 and 3 in Schedule 2) for construction, alteration and use (regulation 4, 5), require a certificate of approval to be displayed (regulation 8, Form 4), and constrain the conditions on which local governments and the Chief Health Officer may grant or vary those certificates (regulations 6, 9, 9A). The instrument fixes occupancy standards and how to calculate floor area (regulations 7, 7A, 7B), prescribes a cap on local government application fees (Schedule 1), and sets out specific technical requirements for exits, lighting, electrical work, seating, sanitary facilities, fire precautions, emergency and evacuation planning, and maintenance (regulations 11-32, 35-62). It also creates criminal offences and penalty levels for non‑compliance (regulations 63-64).

Procedurally, an application under s 176 of the Act must be made in writing to the local government using Form 1 and accompanied by the fee determined under Schedule 1 (regulation 4). Where a building or part of a building may accommodate 1 000 or more persons, the application must include a risk management plan developed in accordance with AS/NZS ISO 31000:2009 (regulation 4(2)). A certificate of approval under s 178 of the Act is applied for using Form 2 (regulation 5), and the certificate itself must comply with Form 4 and cannot authorise occupancy in excess of limits established in the Building Regulations in relation to sanitary facilities, exits and ventilation (regulation 6).

The regulations delegate key decisions to local government and provide roles for the Chief Health Officer. Local governments receive and determine applications, may impose and vary conditions on certificates of approval, and enforce the rules (regulations 4, 8, 9, 9A). The Chief Health Officer has gatekeeping and consultative functions for varying occupancy ratios and approving non‑standard fittings or counting systems (regulations 7(2), 9(3)(b), 42(6)). The Electricity (Licensing) Regulations 1991 are incorporated by reference for the definition of electrical work and for the requirement that certain electrical work be certified before the certificate of approval is issued (regulation 3(2), 10).

CrestWestern Australia

Health (Miscellaneous Provisions) Act 1911

Health (Public Buildings) Regulations 1992

Western Australia

Health (Public Buildings) Regulations 1992

Contents

Part 1 — Preliminary

Citation 1
Commencement 1
Terms used 1

Part 2 — Administration

Applications relating to construction etc. (Act s. 176) 3
Application for certificate of approval (Act s. 178) 3
Certificate of approval (Act s. 178) 3
Maximum number of persons for buildings other than large licensed premises 4

7A. Maximum number of persons for large licensed premises 6

7B. Floor area, calculation of 6

Certificate of approval to be displayed 7
Application to vary certificate of approval 7

9A. Varying certificate of approval 8

9B. Certain large licensed premises, occupier’s duties to enable head counts etc. 9

Electrical work, certificate of approval for buildings after 10

Part 3 — Miscellaneous requirements

Seats, fixing requirements for 11
Steps and landings 11
Exit doors 11
Exits to be unobstructed 12
Exit signs etc. and lighting 13
Electric fans 14
Heaters 14
Sanitary facilities 15
General maintenance 15
Fires 16
Stage curtains 16
Fire precautions and smoke control devices 16
Evacuation plans 17

26A. Risk management plans 17

Part 4 — Lighting

Division 1 — General

Artificial lighting to be provided 19
General lighting for public building 19
Position of luminaires 19
External lighting 19
Emergency lighting 20

Part 5 — Special provisions

Division 1 — General

Effect of this Part 21
Wiring requirements 21

Division 2 — Public buildings used for entertainment

Application of Division 21
Safety lighting 21
Emergency lighting 22
Stage equipment 22
Cinematograph equipment 23
Switchboards 24

Division 3 — Drive-ins

Application of Division 24
Lighting 24
Speaker pedestals and speaker standards 24
Exits 25
Sanitary conveniences 25

Division 5 — Circuses, travelling shows, tents and similar temporary structures

Application of Division 25
Electricity supply 26
Lighting generally 26
Emergency lighting 26

Part 7 — Maintenance

Electrical devices, testing and maintenance of 27
Emergency lighting, maintenance of 27

Part 8 — Miscellaneous

Offences 28
Penalties 28

Schedule 1

Fees

Schedule 2

Notes

Compilation table 35

Defined terms

Western Australia

Health (Miscellaneous Provisions) Act 1911

Health (Public Buildings) Regulations 1992

Part 1 — Preliminary

1. Citation

These regulations may be cited as the Health (Public Buildings) Regulations 1992 1.

2. Commencement

These regulations shall come into operation on 1 April 1992.

3. Terms used

(1) In these regulations, unless the contrary intention appears —

AS/NZS 2293 means Australian/New Zealand Standard AS/NZ 2293 — Emergency Evacuation Lighting in Buildings;

AS/NZS ISO 31000:2009 means Australian/New Zealand Standard AS/NZS ISO 31000:2009 ‑ Risk Management ‑ Principles and Guidelines;

Building Regulations means the Building Regulations 2012;

cinema means a public building used for the projection of motion pictures;

drive‑in means a public building used for the purpose of viewing motion pictures from parked vehicles;

emergency lighting system includes the exit signs required for such a system under these regulations and power source of the system;

large licensed premises means licensed premises having a floor area of more than 850 m2;

lecture theatre means a public building used for lectures;

licensed premises means —

(a) premises in respect of which a cabaret licence as defined by the Liquor Control Act 1988 2 has been granted under that Act; or

(b) premises in respect of which a tavern licence, a hotel restricted licence or any other kind of hotel licence as defined by the Liquor Control Act 1988 2 has been granted under that Act; or

(i) in respect of which a special facility licence as defined by the Liquor Control Act 1988 2 has been granted under that Act; and

(ii) in respect of which paragraph (a) or (b) does not apply;

theatre means a public building used for performing of any of the performing arts.

(2) For the purposes of these regulations electrical installation and electrical work have the same meaning as is given to those terms in the Electricity (Licensing) Regulations 1991.

[Regulation 3 amended: Gazette 3 Aug 2001 p. 3955‑7 (disallowed: Gazette 20 Nov 2001 p. 6012); 7 Jun 2002 p. 2721‑2; 31 Mar 2006 p. 1350; 30 Jul 2013 p. 3486; 24 Jan 2017 p. 742.]

Part 2 — Administration

4. Applications relating to construction etc. (Act s. 176)

(1) An application for the purposes of section 176 of the Act shall be made to the local government in writing in the form of Form 1 in Schedule 2 and shall be accompanied by the fee calculated in accordance with Schedule 1.

(2) An application for the purposes of section 176 of the Act that is in respect of a building or place or part of a building or place where 1 000 or more persons may assemble for religious, entertainment, recreational or sporting purposes shall also be accompanied by a risk management plan that has been developed in accordance with AS/NZS ISO 31000:2009.

[Regulation 4 amended: Gazette 3 Aug 2001 p. 3957 and 3965 (disallowed: Gazette 20 Nov 2001 p. 6012); 7 Jun 2002 p. 2722 and 2731; 24 Jan 2017 p. 742.]

5. Application for certificate of approval (Act s. 178)

An application for a certificate of approval shall be made in writing in the form of Form 2 in Schedule 2.

6. Certificate of approval (Act s. 178)

(1) A certificate of approval for the purposes of section 178 of the Act shall be in the form of Form 4 in Schedule 2.

(2) Notwithstanding anything in regulation 7 or 7A(1), a certificate of approval shall not be issued for the accommodation of any number of persons that exceeds the number permitted under the Building Regulations with respect to sanitary facilities, exits and ventilation.

[Regulation 6 amended: Gazette 7 Jun 2002 p. 2723.]

7. Maximum number of persons for buildings other than large licensed premises

(1) Subject to this regulation and regulation 9A, the maximum number of persons that may be accommodated in a public building other than large licensed premises shall be ascertained in accordance with the Table to this subregulation.

Table

Area per person according to use<br>[Reg. 7(1)]
	Measurement units where not otherwise specifically mentioned
Type of use	— m2 per person
Art gallery, exhibition area, museum	4
Auditorium	1
Cafe, church, dining room	1
Conference room — unfixed seating	0.5
Gymnasium	3
Hall	1
Indoor sports stadium — arena	10
Library — reading space	2
— storage space	30
Licensed premises having a floor area of 850 m2 or less	0.85
Meeting/conference room	1
Restaurant	1
School — general classroom	2
— multi purpose hall	1
— trade & practical area : primary	4
: secondary	5
Skating rink, based on rink area	1.5
Spectator stand, audience viewing area:<br> — bench seating	450 mm/person wide x 750 mm deep (minimum)
— fixed seating	450 mm/person wide (min)
— seating not fixed	1
— standing viewing area	0.5
Swimming pool based on pool area	1.5

(2) The Chief Health Officer, may on application by the owner and after consulting the local government vary the ratio for any standing viewing area of spectator accommodation to 0.3 m2 per person.

(3) Where no provision is made in the Table to subregulation (1) in relation to a particular public building or a particular class of public building other than large licensed premises the maximum number of persons that may be accommodated in the public building or a public building of that class shall be such number as is approved by the Chief Health Officer after consulting the local government.

(4) If, immediately before the coming into operation of the Health (Public Buildings) Amendment Regulations 2002 1 —

(a) a certificate of approval was in effect in relation to licensed premises having a floor area of 850 m2 or less; and

(b) the maximum number of persons that the licensed premises could be used to accommodate was more than the new maximum number,

the maximum number of persons that may be accommodated in those licensed premises is the number set out in that certificate of approval.

(5) In subregulation (4) —

new maximum number means the maximum number of persons that may be accommodated in the licensed premises as ascertained in accordance with the Table to subregulation (1) immediately after the coming into operation of the Health (Public Buildings) Amendment Regulations 2002 1.

[Regulation 7 amended: Gazette 3 Aug 2001 p. 3957‑8 and 3965 (disallowed: Gazette 20 Nov 2001 p. 6012); 7 Jun 2002 p. 2723‑4 and 2731; 11 Feb 2004 p. 533; 10 Jan 2017 p. 277.]

7A. Maximum number of persons for large licensed premises

(1) Subject to subregulation (2) and regulation 9A, the maximum number of persons that may be accommodated in large licensed premises is 1 000 persons.

(2) If, immediately before the coming into operation of the Health (Public Buildings) Amendment Regulations 2002 1 —

(a) a certificate of approval was in effect in relation to large licensed premises; and

(b) the maximum number of persons that the licensed premises could be used to accommodate was more than 1 000 persons,

the maximum number of persons that may be accommodated in those licensed premises is the number set out in that certificate of approval.

[Regulation 7A inserted: Gazette 7 Jun 2002 p. 2724.]

7B. Floor area, calculation of

To calculate the floor area of a public building for the purposes of regulation 7 and the definition of large licensed premises —

(a) measurements shall be taken within the finished surfaces of the internal walls of the public building; and

(b) measurements of any external areas of the public building shall only be taken of the parts of the external areas where people would normally be expected to assemble; and

(c) areas occupied by lifts, lift‑wells, stairways, ramps, escalators, passages, hallways, corridors, lobbies, fixtures and similar areas shall not be included; and

(d) kitchens, stages, sanitary areas, and staff areas, including staff areas behind counters, shall not be included.

[Regulation 7B inserted: Gazette 7 Jun 2002 p. 2724‑5.]

8. Certificate of approval to be displayed

(1) A certificate of approval shall be displayed in a conspicuous position in the main entrance of the public building in relation to which it is issued and so that it is easily legible to a person who enters the main entrance of the public building.

(2) If a certificate of approval is varied under regulation 9A, the reference in subregulation (1) to a certificate of approval is a reference to the certificate incorporating the variation that is current at the time of the display.

[Regulation 8 amended: Gazette 7 Jun 2002 p. 2725.]

9. Application to vary certificate of approval

(1) Where a certificate of approval has been issued in relation to —

(a) a public building, a person may apply to the local government that issued the certificate to vary the purposes for which the public building may be used;

(b) a public building other than licensed premises, a person may apply to the local government that issued the certificate to vary the maximum number of persons that the public building may be used to accommodate.

(2) An application under subregulation (1) —

(a) shall be made in the form of Form 3 in Schedule 2;

(b) shall be accompanied by the fee calculated in accordance with Schedule 1.

(3) Where a certificate of approval has been issued in relation to large licensed premises (including premises referred to in regulation 7A(2)), a person may apply to the local government that issued the certificate to use a measurement unit of 0.85 m2 per person to increase the maximum number of persons that the licensed premises, or a specified part of the licensed premises, may be used to accommodate.

(4) An application under subregulation (3) shall be made in the form of Form 3 in Schedule 2 and be accompanied by —

(a) a risk management plan that has been developed in accordance with AS/NZS ISO 31000:2009; and

(b) details of the type of number counting system —

(i) that is or is intended to be installed to monitor the number of persons entering and leaving the licensed premises or the specified part of the licensed premises; and

(ii) that has been approved by the Chief Health Officer;

and

(d) the fee calculated in accordance with Schedule 1.

[Regulation 9 inserted: Gazette 7 Jun 2002 p. 2725‑6; amended: Gazette 24 Jan 2017 p. 742.]

9A. Varying certificate of approval

(1) On an application under regulation 9 a local government may vary the certificate of approval issued in relation to the public building that is the subject of the application in accordance with the application.

(2) Notwithstanding anything in subregulation (1), a certificate of approval shall not be varied —

(a) if a structural alteration or extension of the public building that is the subject of the application is proposed; or

(b) for the accommodation of any number of persons that exceeds the number permitted under the Building Regulations with respect to sanitary facilities, exits and ventilation.

(3) A local government may —

(a) impose such conditions as it thinks proper in relation to a variation of a certificate of approval; and

(b) vary or revoke a condition imposed under paragraph (a) by written notice served on the occupier of the public building.

[Regulation 9A inserted: Gazette 7 Jun 2002 p. 2726.]

9B. Certain large licensed premises, occupier’s duties to enable head counts etc.

(1) This regulation applies to large licensed premises or a specified part of large licensed premises the certificate of approval in relation to which has been varied under regulation 9A so that a measurement unit of 0.85 m2 per person is used to calculate the maximum number of persons that the licensed premises, or a specified part of the licensed premises, may be used to accommodate.

(2) The occupier of the licensed premises shall ensure that any number counting system that is approved on the application referred to in regulation 9(3) is properly installed and properly operating at the licensed premises or in the specified part of the licensed premises at all times when the premises are open to the public.

(3) The occupier of the licensed premises shall ensure that each movable item, other than chairs, in the licensed premises or the specified part of the licensed premises —

(a) is assigned a Person Equivalent Number (PEN) where each PEN equates to 0.7 m2 of floor area; and

(b) has its PEN clearly visible, legible and permanently marked on it so that it can be readily identified for the purposes of calculating the number of persons being accommodated in the licensed premises or the specified part of the licensed premises.

(4) If subregulation (3) has not been complied with, an authorised person may assign a PEN under subregulation (3)(a) for the purposes of any inspection by the authorised officer under section 179 of the Act.

(5) The maximum number of persons that the licensed premises or the specified part of the licensed premises may be used to accommodate on each occasion that the premises or part of the premises is open for business shall be shown on the certificate of approval in relation to the licensed premises or the specified part of the licensed premises in accordance with the following:

the number of persons allowed under the 0.85 m2 measurement unit minus the number of PENs for each occasion on which the licensed premises or the specified part of the licensed premises is open for business, rounded up or down to the nearest whole number.

[Regulation 9B inserted: Gazette 7 Jun 2002 p. 2727; amended: Gazette 10 Jan 2017 p. 277.]

10. Electrical work, certificate of approval for buildings after

A certificate of approval shall not be issued in relation to a public building on which electrical work has been undertaken unless a person authorised to sign a notice of completion referred to in regulation 52 of the Electricity (Licensing) Regulations 1991 made under the Electricity Act 1945 has issued a certificate in the form of Form 5 in Schedule 2 certifying that the electrical work of the public building conforms to the relevant provisions of these regulations, the Building Regulations and the Electricity (Licensing) Regulations 1991.

[Regulation 10 amended: Gazette 3 Aug 2001 p. 3961 (disallowed: Gazette 20 Nov 2001 p. 6012); 7 Jun 2002 p. 2728.]

Part 3 — Miscellaneous requirements

11. Seats, fixing requirements for

(1) Except with the approval of the local government but subject to subregulation (2), all seats used for seating audiences in a public building shall be securely fixed to the floor unless fastened together in groups of not less than 4 seats.

(2) Where seats are arranged in regular rows of 10 to 42 seats aisles shall be provided on both sides of each row.

[Regulation 11 amended: Gazette 3 Aug 2001 p. 3961 and 3965 (disallowed: Gazette 20 Nov 2001 p. 6012); 7 Jun 2002 p. 2728 and 2731.]

[12. Deleted: Gazette 24 Jan 2017 p. 742.]

13. Steps and landings

(1) Every raised area of tiered seating and any change in level which may present a hazard shall be provided with an enclosing wall or guard rail.

(2) Steps and landings shall be provided with hand rails on each side that is not stepped unless the local government otherwise approves.

(3) Steps shall have treads not less than 280 mm wide and risers not exceeding 180 mm in height.

[Regulation 13 amended: Gazette 3 Aug 2001 p. 3965 (disallowed: Gazette 20 Nov 2001 p. 6012); 7 Jun 2002 p. 2731.]

14. Exit doors

(1) Except where automatic sliding doors are provided exit doors shall be constructed to open in the direction of egress unless the local government otherwise approves.

(2) Notwithstanding subregulation (1), where the maximum occupancy of a public building does not exceed 50 persons the local government may approve of manually operated sliding exit doors for the public building.

(3) Except where sliding exit doors are provided exit doors in —

(a) a cinema, theatre or any public building that is intended to accommodate 400 persons or more shall be fitted with —

(i) automatic panic bolts; or

(ii) where the exit doors are double leafed, a rim lock or other type of lock on the second leaf so that when the panic bolt is released on the first leaf both leaves open freely; or

(iii) such fittings as are approved by the Chief Health Officer.

[(b) deleted]

(4) Exit doors in a public building shall not be fitted with barrel bolts.

(5) The occupier of a public building that has an occupancy exceeding 50 persons shall ensure that the building has more than one exit unless the local government otherwise approves.

[Regulation 14 amended: Gazette 3 Aug 2001 p. 3961 and 3965 (disallowed: Gazette 20 Nov 2001 p. 6012); 7 Jun 2002 p. 2728 and 2731; 10 Jan 2017 p. 277; 24 Jan 2017 p. 743.]

15. Exits to be unobstructed

(1) A person shall not while a public building is in use as a public building —

(a) obstruct any lobby, exit, door, gate, corridor, passage, aisle, stairway or gangway; or

(b) lock any exit door or gate in an exit path,

of the public building.

(2) The occupier of a public building shall ensure that while a public building is in use as a public building —

(a) every lobby, exit, door, gate, corridor, passage, aisle, stairway or gangway, of the public building is not obstructed; and

(b) every exit door of the public building that is required to be used is not locked.

(3) A person shall not —

(a) park a vehicle; or

(b) place any other thing,

in an area abutting on any exit of a public building so as to obstruct the free passage of persons or vehicles to or from the exit.

[Regulation 15 amended: Gazette 3 Aug 2001 p. 3962 (disallowed: Gazette 20 Nov 2001 p. 6012); 7 Jun 2002 p. 2728.]

16. Exit signs etc. and lighting

(1) Subject to this regulation, where under the Building Regulations a public building is required to have an exit sign, the occupier of the building shall ensure that the sign conforms with AS/NZS 2293.

(2) Where an exit or passage does not provide a clear means of egress from a public building the exit or passage shall be marked with a “NO ESCAPE” sign in letters not less than 100 mm high and 12 mm wide.

(3) The occupier of, or person in charge of, a public building shall ensure that while a public building is open to the public —

(a) all “EXIT” signs are kept visible and illuminated; and

(b) all “NO ESCAPE” signs are kept visible.

(4) The outside of every public building exit that abuts on a road, thoroughfare, lane, passageway or right-of-way shall be fitted with an “EMERGENCY EXIT” sign in letters not less than 100 mm high and 12 mm wide.

(5) Where a pathway or thoroughfare from a public building entrance or exit that is intended to be used by the public during the hours of darkness does not abut directly on a public thoroughfare the pathway or thoroughfare shall be illuminated to a minimum horizontal illuminance of 1 lux during the time that the public building is open to the public during the hours of darkness.

[Regulation 16 amended: Gazette 3 Aug 2001 p. 3962 (disallowed: Gazette 20 Nov 2001 p. 6012); 7 Jun 2002 p. 2728.]

[17. Deleted: Gazette 24 Jan 2017 p. 743.]

18. Electric fans

(1) An electric fan, other than ceiling fans, in any area of a public building to which members of the public have access shall be installed in a permanent position and so that the blades of the fan are —

(a) not less than 2 000 mm above floor level; and

(b) protected by a robust guard.

(2) A ceiling fan in a public building shall be installed so that the blades are not less than 2 400 mm above the floor level unless the blades are protected by guards that prevent accidental contact with them.

19. Heaters

(1) An electrical heater provided in a public area of a public building shall be installed in a fixed position and so every part of the heating element is not less than 2 100 mm from the level of the floor and not less than 600 mm from any ceiling that is made of a combustible material.

(2) Any oil, fuel or electrical fan type heater shall be fitted with over temperature protection.

[Regulation 19 amended: Gazette 24 Jan 2017 p. 743.]

20. Sanitary facilities

(1) Every public building, shall, unless exempted in writing by the local government, be provided with a water carriage system for sewage disposal and sanitary conveniences in accordance with the Building Regulations or as approved by the local government.

(2) All rooms containing sanitary conveniences shall be provided with appropriate signs to indicate gender.

(3) The signs required by subregulation (2) shall be illuminated during darkness.

(4) Where sanitary conveniences provided for a public building are situated externally to the public building the area providing access to the sanitary conveniences shall be illuminated in a manner that conforms with these regulations.

(5) Permanent sanitary conveniences provided for a public building are to be illuminated with a minimum illuminance of 80 lux.

(6) Temporary sanitary conveniences provided for a public building are to be illuminated with a minimum illuminance of 40 lux.

[Regulation 20 amended: Gazette 3 Aug 2001 p. 3962 and 3965 (disallowed: Gazette 20 Nov 2001 p. 6012); 7 Jun 2002 p. 2728‑9 and 2731.]

21. General maintenance

An occupier of a public building shall ensure that all materials, fittings, seating, appliances and other things installed or used in a public building are maintained in a proper state of repair and in fit sanitary condition.

22. Fires

(1) A person shall not light, operate or maintain a fire or an open heating apparatus of any kind in a public building without the written approval of the local government.

(2) A person shall not store within a public building any materials of a flammable nature that are not required for the purpose of the usual activities carried out in the public building.

[Regulation 22 amended: Gazette 3 Aug 2001 p. 3963 (disallowed: Gazette 20 Nov 2001 p. 6012); 7 Jun 2002 p. 2729.]

23. Stage curtains

(1) Stage curtains in a public building shall be made of non‑toxic fire retarding materials or shall be made fire retarded by a method approved by the Chief Health Officer.

(2) Decorative treatments in a public building that are not referred to in the Building Regulations shall be made of non‑toxic fire retardant materials unless the local government otherwise approves.

(3) In subregulations (1) and (2) non‑toxic includes non‑toxic in any circumstances specified by the Chief Health Officer.

[Regulation 23 amended: Gazette 3 Aug 2001 p. 3963 and 3965 (disallowed: Gazette 20 Nov 2001 p. 6012); 7 Jun 2002 p. 2729 and 2731; 10 Jan 2017 p. 277.]

[24. Deleted: Gazette 24 Jan 2017 p. 743.]

25. Fire precautions and smoke control devices

The occupier of a public building shall ensure that all fire alarms, hydrants, fixed‑line telephones and other fittings and appliances necessary for the prevention or extinguishment of fires are maintained in efficient working order.

[Regulation 25 amended: Gazette 3 Aug 2001 p. 3963 (disallowed: Gazette 20 Nov 2001 p. 6012); 7 Jun 2002 p. 2729; 24 Jan 2017 p. 743.]

26. Evacuation plans

(1) The occupier of a cinema, licensed premises or any other public building specified for the purposes of this regulation by the local government, shall within the time specified in writing by the local government formulate written arrangements (an emergency plan) for the emergency evacuation of the public building.

(1a) An emergency plan shall —

(a) satisfy the relevant requirements of Australian Standard AS 3745:1995 — Emergency Control Organization and Procedures for Buildings; and

(b) incorporate a risk management plan that has been developed in accordance with AS/NZS ISO 31000:2009.

(2) An occupier shall submit an emergency plan for approval by the local government.

(3) Where the local government so directs an emergency plan shall be amended in accordance with the directions so given.

(4) An occupier of a public building shall at such intervals as are specified by the local government carry out rehearsals of the emergency plan approved in relation to the public building.

[Regulation 26 amended: Gazette 3 Aug 2001 p. 3963‑4 and 3965 (disallowed: Gazette 20 Nov 2001 p. 6012); 7 Jun 2002 p. 2729 and 2731; 24 Jan 2017 p. 743.]

26A. Risk management plans

The occupier of a public building that is the subject of an application referred to in regulation 4(2) or 9(3) shall ensure that there is compliance with the risk management plan approved on the application.

[Regulation 26A inserted: Gazette 7 Jun 2002 p. 2730.]

Part 4 — Lighting

Division 1 — General

27. Artificial lighting to be provided

Artificial lighting for a public building shall be provided by electric lighting.

28. General lighting for public building

(1) A general lighting system, separate from any theatrical, stage or special effects lighting system, shall be provided throughout the inside of a public building.

(2) The general lighting system referred to in subregulation (1) shall provide a minimum illuminance of 40 lux with a general colour rendering of not less than Ra = 40 at floor level.

29. Position of luminaires

Luminaires installed less than 2 400 mm from floor or ground level on which persons normally stand shall be so constructed that —

(a) bare lamps are not exposed; and

(b) protection is provided against contact and accidental damage.

[30. Deleted: Gazette 24 Jan 2017 p. 743.]

31. External lighting

(1) Subject to these regulations, the external areas of a public building shall be illuminated with a minimum illuminance of 1 lux at ground level.

(2) External lighting systems shall be connected to circuits separate from those supplying lighting for foyers, entry porches, emergency escape passages or areas providing entry or egress to the public building.

(3) Where 2 or more lights are required to illuminate external stairs or exit paths, luminaires shall be connected over at least 2 circuits and so arranged that all sections remain illuminated if one circuit fails.

(4) Switches controlling external lighting shall not be located so as to be accessible to the public unless the Chief Health Officer, approves.

[Regulation 31 amended: Gazette 10 Jan 2017 p. 277.]

32. Emergency lighting

(1) Subject to this regulation, emergency lighting shall be provided in a public building in accordance with Building Regulations and AS/NZS 2293.

(2) An emergency lighting system shall be maintained in accordance with AS/NZS 2293.

(3) Where an emergency lighting system operates through contactors or is remotely operated through a control system, provisions which are “fail safe” shall be made to automatically provide energy for the emergency luminaires in the event of a fault that extinguishes the general lighting required to be provided under these regulations.

[Regulation 32 amended: Gazette 3 Aug 2001 p. 3964 (disallowed: Gazette 20 Nov 2001 p. 6012); 7 Jun 2002 p. 2730.]

[33. Deleted: Gazette 24 Jan 2017 p. 743.]

[34. Deleted: Gazette 24 Jan 2017 p. 743.]

Part 5 — Special provisions

Division 1 — General

35. Effect of this Part

Nothing in this Part derogates from any of the other provisions of these regulations.

36. Wiring requirements

(1) Any equipment intended for use for a continuous period exceeding 90 days shall be connected by fixed wiring.

(2) Temporary wiring shall not be —

(a) laid on the floor; or

(b) accessible to the public unless adequately protected; or

Division 2 — Public buildings used for entertainment

37. Application of Division

This Division applies to theatres, cinemas, stadiums, halls, lecture theatres, gymnasiums, discotheques and other public buildings in which a number of persons assemble or may assemble for the purposes of entertainment.

Regulation 37 amended: Gazette 3 Aug 2001 p. 3964 (disallowed: Gazette 20 Nov 2001 p. 6012); 7 Jun 2002 p. 2730.]

[38. Deleted: Gazette 24 Jan 2017 p. 743.]

39. Safety lighting

(1) Permanent effective safety lighting shall be provided for —

(a) foyers and passages;

(b) floors that are ramped at an inclination steeper than 1 in 12;

(d) the tread of each step,

of any public building or any area of a public building open to the public when normal lighting is dimmed or extinguished.

(2) Energy for safety lighting shall not be provided from any emergency power supply.

(3) Safety lighting shall not be dimmed or modulated.

(4) The circuits of the safety lighting system and the emergency lighting system shall be so aligned that in any case of failure in the safety lighting system the emergency lighting system in the area of the failure is automatically energized.

[40. Deleted: Gazette 24 Jan 2017 p. 744.]

41. Emergency lighting

Except where the Chief Health Officer, otherwise approves, an emergency lighting system that conforms to these regulations shall be provided.

[Regulation 41 amended: Gazette 10 Jan 2017 p. 277.]

42. Stage equipment

(1) Lamps, appliances and other apparatus shall be so fixed or arranged that they —

(a) do not cause a fire hazard; or

(b) become liable to damage by the movement of the proscenium curtain or proscenium opening safety screen.

(2) Suspended stage battens, grids and other equipment shall be in good repair, anchored to prevent swaying and sufficiently supported according to the load being carried so as to prevent danger to persons below.

(3) Where a suspended stage batten, grid or other equipment is required to be lowered the fittings shall be so designed that the ropes pass over the pulleys and shall be controlled by approved ratchet or self sustaining type winches.

(4) Any stage or effects lighting fittings suspended over any area to which the public has access shall be secured by means of safety chains to adequate supports to ensure that the fittings are held if the primary means of support fails.

(5) Curtain motors fitted with sliprings or commutators that can cause arcing when in operation shall be of a totally enclosed type or enclosed in an outer metal case that has ventilation openings protected by wire screens.

(6) The Chief Health Officer may in special cases on application made by the occupier approve of fittings that are not prescribed in this regulation but any such approval applies only to the fittings specified in the approval.

[Regulation 42 amended: Gazette 10 Jan 2017 p. 277.]

43. Cinematograph equipment

(1) Where a cinematograph machine includes a Xenon type lamp unit, the lamphouse shall be locked while the machine is in operation and for a period after operation to allow the machine to cool.

(2) Where a cinematograph machine contains a carbon arc type lamp unit, a metal receptacle shall be provided for any carbon ends removed from the lamp.

(3) A carbon arc type cinematographic machine shall be so constructed that heated carbon does not come into contact with a projection booth or its fittings when the receptacle is overturned.

44. Switchboards

(1) Auditorium safety lighting, emergency lighting or general lighting final subcircuits, shall not be supplied from a switchboard supplying cinematograph equipment or stage theatrical effects.

(2) Circuit protection devices on switchboards supplying cinematograph or stage theatrical effects shall be arranged so that they fully discriminate to prevent disruption of the power supply to any other part of the installation.

(3) Lighting dimmers shall be connected in the active conductors and an isolating switch shall be provided for each dimmer bank installed and where a resistive type dimmer is used the isolating switch shall be on the line side of the dimmer.

Division 3 — Drive-ins

45. Application of Division

This Division applies to drive‑ins.

46. Lighting

(1) Every vehicle exit or entry point shall provide for the public and the perimeter of all vehicle parking areas shall be illuminated to a minimum horizontal illuminance of 1 lux during the period the drive‑in is open to the public.

(2) Flood lighting shall be provided to illuminate the whole of the parking ramp area to a minimum horizontal level of 3 lux within 1 second from the switch being turned to “ON”.

47. Speaker pedestals and speaker standards

(1) The power supply to speaker pedestals shall be operated at extra low voltage or protected by residual current devices that have a rated tripping current not exceeding 30 mA and conform to Australian Standard 3190 — Approval and Test Specification for Current Operated (Core — Balance) Earth Leakage Devices.

(2) The minimum distance to be provided between speaker standards not on the same ramp is 11.5 m and the minimum distance to be provided between speaker standards on the same ramp is 5 m.

48. Exits

(1) A drive‑in shall be provided with not less than 2 exits.

(2) Every drive‑in entrance or exit shall be so designed and maintained as to facilitate the orderly flow of motor vehicles into and out of the drive‑in.

49. Sanitary conveniences

For the purposes of calculating the number of sanitary conveniences to be provided at a drive‑in for the purposes of conforming with the Building Regulations the number of persons attending the drive‑in shall be calculated in accordance with the following formula —

View image in the official source

where —

P represents the number of persons attending the drive-in; and

V represents the number of motor vehicles that may be accommodated under the certificate of approval issued in relation to the drive‑in.

[Division 4 (r. 50‑52) deleted: Gazette 24 Jan 2017 p. 744.]

Division 5 — Circuses, travelling shows, tents and similar temporary structures

53. Application of Division

This Division applies to circuses, travelling shows, tents and similar temporary structures.

54. Electricity supply

(1) Without affecting anything in these regulations, an electrical installation in any area normally accessible to the public shall conform with Australian Standard 3002 — Electrical Installations — shows and carnivals.

(2) Any switchboard or area used in connection with generating electricity shall not be accessible to the public.

[Regulation 54 amended: Gazette 19 Sep 2017 p. 4885.]

55. Lighting generally

(1) Where provision is made for dimming of general lighting or for general lighting to be switched “OFF” an override switch to switch “ON” instantaneously shall be provided in a position readily accessible to a person authorised by the occupier.

(2) Any luminaire within reach of the public shall be protected from accidental damage or shall be an extra low voltage type robust for the purpose for which it is used.

56. Emergency lighting

(1) Lighting from a central system supply shall be provided for any emergency lights and for exit signs.

(2) Self contained luminaires shall not be used to provide emergency lighting.

[57. Deleted: Gazette 24 Jan 2017 p. 744.]

[Part 6 (r. 58‑60) deleted: Gazette 24 Jan 2017 p. 744.]

Part 7 — Maintenance

61. Electrical devices, testing and maintenance of

(1) All electrical installations shall be inspected and tested in conformity with Australian Standard 3760.

(2) All residual current devices shall be tested in conformity with Australian Standard 3760.

62. Emergency lighting, maintenance of

Emergency lighting systems and exit signs shall be maintained in accordance with AS/NZS 2293.

[Regulation 62 amended: Gazette 3 Aug 2001 p. 3965 (disallowed: Gazette 20 Nov 2001 p. 6012); 7 Jun 2002 p. 2730.]

Part 8 — Miscellaneous

63. Offences

(1) Where a matter or thing in relation to a public building is required under these regulations or a condition imposed in relation to a variation of a certificate of approval or is required to conform to any requirement specified in these regulations or such a condition and is omitted or does not conform to the requirements so specified then unless these regulations otherwise provide the owner or occupier of the public building is guilty of an offence.

(2) Where an act is required to be done or is forbidden to be done under these regulations or a condition imposed in relation to a variation of a certificate of approval and is omitted to be done or is done in contravention of these regulations or such a condition then unless these regulations otherwise provide the occupier of the public building is guilty of an offence.

[Regulation 63 amended: Gazette 7 Jun 2002 p. 2730‑1.]

64. Penalties

A person who commits an offence against these regulations is liable on conviction to a penalty not exceeding $1 000 and not less than —

(a) in the case of a first offence, $100; and

(b) in the case of a second offence, $200; and

and if the offence is a continuing offence to a daily penalty not exceeding $100 and not less than $50.

[65. Omitted under the Reprints Act 1984 s. 7(4)(f).]

Schedule 1

(r. 4 and 9)

Fees

The fees to be paid in relation to an application under section 176 of the Act or regulation 9 shall be such amount as is in the opinion of the local government equal to the cost of considering the application but shall not exceed $871.

[Schedule 1 amended: Gazette 3 Aug 2001 p. 3965 (disallowed: Gazette 20 Nov 2001 p. 6012); 7 Jun 2002 p. 2731; 25 Jun 2004 p. 2238; 31 May 2005 p. 2410; 2 May 2006 p. 1701; 18 May 2007 p. 2254; 4 Apr 2008 p. 1310; 15 May 2009 p. 1630; 13 Aug 2010 p. 3979; 29 Apr 2011 p. 1530; 8 Apr 2014 p. 918.]

Schedule 2

FORM 1

[Reg. 4]

Health (Miscellaneous Provisions) Act 1911

HEALTH (PUBLIC BUILDINGS) REGULATIONS 1992

APPLICATION TO CONSTRUCT, EXTEND OR ALTER
A PUBLIC BUILDING

I being the owner/agent hereby apply under the Health (Miscellaneous Provisions) Act 1911 section 176 to construct alter or extend a public building:

PREMISES DETAILS

NAME OF ..............................................................................................................

LOCATION NO. .................... STREET ...............................................................

TOWN/SUBURB ..................................................................................................

NEAREST CROSS STREET ................................................................................

INTENTIONS FOR USE ......................................................................................

................................................................................................................................

In support of this application I hereby submit plans and detail as required together with the prescribed fee.

ANY OF THE FOLLOWING MAY SIGN THIS NOTICE:

The owner, occupier, manager, trustee or other person by whose authority such public building is intended to be built created or converted thereto.

SIGNED: ..................................................

OWNER/AGENT: ...................................

ADDRESS: ..............................................

TELEPHONE: .........................................

FAX: ........................................................

[Form 1 amended: Gazette 10 Jan 2017 p. 276.]

FORM 2

[Reg. 5]

Health (Miscellaneous Provisions) Act 1911

HEALTH (PUBLIC BUILDINGS) REGULATIONS 1992

APPLICATION FOR CERTIFICATE OF APPROVAL

I being the owner/agent hereby apply for a certificate of approval in respect of:

PREMISES DETAILS

NAME OF ..............................................................................................................

LOCATION NO. .................... STREET ...............................................................

TOWN/SUBURB ..................................................................................................

NEAREST CROSS STREET ................................................................................

Construction/extension/alteration of which was completed on ............................. in accordance with your approval given on ...........................................................

SIGNED: ..................................................

OWNER/AGENT: ...................................

ADDRESS: ..............................................

TELEPHONE: .........................................

FAX: ........................................................

[Form 2 amended: Gazette 10 Jan 2017 p. 276.]

FORM 3

[Reg. 9]

Health (Miscellaneous Provisions) Act 1911

HEALTH (PUBLIC BUILDINGS) REGULATIONS 1992

APPLICATION FOR VARIATION OF CERTIFICATE OF APPROVAL

I being the owner/agent hereby apply for a variation of certificate of approval in respect to:

PREMISES DETAILS

NAME OF ..............................................................................................................

LOCATION NO. .................... STREET ...............................................................

TOWN/SUBURB ..................................................................................................

NEAREST CROSS STREET ................................................................................

Reason for this variation from the existing certificate of approval is .................... ................................................................................................................................. .................................................................................................................................

In support of the application I tender the following details as required................. ................................................................................................................................. .................................................................................................................................

SIGNED: ..................................................

OWNER/AGENT: ...................................

ADDRESS: ..............................................

TELEPHONE: .........................................

FAX: ........................................................

[Form 3 amended: Gazette 10 Jan 2017 p. 276.]

FORM 4

[Reg. 6]

Health (Miscellaneous Provisions) Act 1911

HEALTH (PUBLIC BUILDINGS) REGULATIONS 1992

CERTIFICATE OF APPROVAL

This certificate is issued in accordance with the Health (Miscellaneous Provisions) Act 1911 section 178(1) in respect to the public building located at:

................................................................................................................................

known as:

................................................................................................................................

Purpose for which the public building is used.
Maximum no. of persons permitted for each purpose.

Public Building Area	Type of Use	Maximum Accommodation

SIGNED BY: ....................................................................

FOR THE SHIRE/TOWN/CITY OF: .....................................................

[Form 4 amended: Gazette 10 Jan 2017 p. 276.]

FORM 5

[Reg. 10]

Health (Miscellaneous Provisions) Act 1911

HEALTH (PUBLIC BUILDINGS) REGULATIONS 1992

CERTIFICATE OF ELECTRICAL COMPLIANCE

To the City/Town/Shire of:

_________________________________ ___________________Date

I hereby certify that the electric light and/or power — installation, alteration, addition — at the undermentioned premises has been carried out in accordance with the Health (Public Buildings) Regulations 1992.

NAME & INITIAL OF OCCUPIER __________________________________

DETAILS OF BUILDING:

Name:__________________________________________________________

No__________________ Street______________________________________

Suburb/Town _______________________________ P/Code_______________

Particulars of Installation

Describe any electrical work for which you are not responsible in these premises.

Signature of licensed electrical contractor or electrical worker authorised to sign on behalf of the electrical contractor/in‑house electrical installer.

(Signature)

Contractor’s/in‑house electrical installer’s Business Name:_________________

Contractor’s/in‑house electrical installer’s Registration No:_________________

Contractor’s/in‑house electrical installer’s Address:_______________________

Contractor’s/in‑house electrical installer’s Telephone No:__________________

This form to be forwarded to the Local Government when work is completed.

[Form 5 amended: Gazette 3 Aug 2001 p. 3965 (disallowed: Gazette 20 Nov 2001 p. 6012); 7 Jun 2002 p. 2731; 10 Jan 2017 p. 277.]

dline

Notes

1 This is a compilation of the Health (Public Buildings) Regulations 1992 and includes the amendments made by the other written laws referred to in the following table. The table also contains information about any reprint.

Compilation table

Citation	Gazettal	Commencement
Health (Public Buildings) Regulations 1992	1 Apr 1992 p. 1429‑56	1 Apr 1992 (see r. 2)
Health (Public Buildings) Amendment Regulations 1994	25 Nov 1994 p. 5914	25 Nov 1994
Health (Public Buildings) Amendment Regulations 2001	3 Aug 2001 p. 3953‑65 (disallowed 13 Nov 2001 see Gazette 20 Nov 2001 p. 6012)	3 Aug 2001
Health (Public Buildings) Amendment Regulations 2002	7 Jun 2002 p. 2721‑31	7 Jun 2002
*Reprint 1: The Health (Public Buildings) Regulations 1992* as at 1 Aug 2003** (includes amendments listed above)
Health (Public Buildings) Amendment Regulations 2004	11 Feb 2004 p. 533	11 Feb 2004
Health (Public Buildings) Amendment Regulations (No. 2) 2004	25 Jun 2004 p. 2237-8	1 Jul 2004 (see r. 2)
Health (Public Buildings) Amendment Regulations 2005	31 May 2005 p. 2410	1 Jul 2005 (see r. 2)
Electricity Corporations (Consequential Amendments) Regulations 2006 r. 81	31 Mar 2006 p. 1299‑357	1 Apr 2006 (see r. 2)
Health (Public Buildings) Amendment Regulations 2006	2 May 2006 p. 1701	1 Jul 2006 (see r. 2)
*Reprint 2: The Health (Public Buildings) Regulations 1992* as at 25 Aug 2006** (includes amendments listed above)
Health (Public Buildings) Amendment Regulations 2007	18 May 2007 p. 2254	1 Jul 2007 (see r. 2)
Health (Public Buildings) Amendment Regulations 2008	4 Apr 2008 p. 1310	r. 1 and 2: 4 Apr 2008 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Jul 2008 (see r. 2(b))
Health (Public Building) Amendment Regulations 2009	15 May 2009 p. 1630	r. 1 and 2: 15 May 2009 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Jul 2009 (see r. 2(b))
Health (Public Buildings) Amendment Regulations 2010	13 Aug 2010 p. 3978‑9	r. 1 and 2: 13 Aug 2010 (see r. 2(a)); Regulations other than r. 1 and 2: 14 Aug 2010 (see r. 2(b))
Health (Public Buildings) Amendment Regulations 2011	29 Apr 2011 p. 1529‑30	r. 1 and 2: 29 Apr 2011 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Jul 2011 (see r. 2(b))
*Reprint 3: The Health (Public Buildings) Regulations 1992* as at 6 Jan 2012** (includes amendments listed above)
Health (Public Buildings) Amendment Regulations 2013	30 Jul 2013 p. 3486	r. 1 and 2: 30 Jul 2013 (see r. 2(a)); Regulations other than r. 1 and 2: 31 Jul 2013 (see r. 2(b))
Health (Public Buildings) Amendment Regulations 2014	8 Apr 2014 p. 918	r. 1 and 2: 8 Apr 2014 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Jul 2014 (see r. 2(b))
Health Regulations Amendment (Public Health) Regulations 2016 Pt. 19	10 Jan 2017 p. 237‑308	24 Jan 2017 (see r. 2(b) and Gazette 10 Jan 2017 p. 165)
Health (Public Buildings) Amendment Regulations 2017	24 Jan 2017 p. 741‑4	r. 1 and 2: 24 Jan 2017 (see r. 2(a)); Regulations other than r. 1 and 2: 25 Jan 2017 (see r. 2(b))
Health Regulations Amendment (Public Health Consequential Amendments) Regulations 2017 Pt. 5	19 Sep 2017 p. 4883‑5	20 Sep 2017 (see r. 2(b) and Gazette 19 Sep 2017 p. 4880)

2 Formerly referred to the Liquor Licensing Act 1988 the short title of which was changed to the Liquor Control Act 1988 by the Liquor and Gaming Legislation Amendment Act 2006 s. 4. The reference was changed under the Reprints Act 1984 s. 7(3)(gb).

Defined terms

[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]

Defined term Provision(s)

AS/NZS 2293 3(1)

AS/NZS ISO 31000:2009 3(1)

Building Regulations 3(1)

cinema 3(1)

drive‑in 3(1)

electrical installation 3(2)

electrical work 3(2)

emergency lighting system 3(1)

emergency plan 26(1)

large licensed premises 3(1)

lecture theatre 3(1)

licensed premises 3(1)

new maximum number 7(5)

non‑toxic 23(3)

PEN 9B(3)

theatre 3(1)

Western Australia

Health (Miscellaneous Provisions) Act 1911

Health (Public Buildings) Regulations 1992

Western Australia

Health (Public Buildings) Regulations 1992

Contents

Part 1 — Preliminary

Citation 1
Commencement 1
Terms used 1

Part 2 — Administration

Applications relating to construction etc. (Act s. 176) 3
Application for certificate of approval (Act s. 178) 3
Certificate of approval (Act s. 178) 3
Maximum number of persons for buildings other than large licensed premises 4

7A. Maximum number of persons for large licensed premises 6

7B. Floor area, calculation of 6

Certificate of approval to be displayed 7
Application to vary certificate of approval 7

9A. Varying certificate of approval 8

9B. Certain large licensed premises, occupier’s duties to enable head counts etc. 9

Electrical work, certificate of approval for buildings after 10

Part 3 — Miscellaneous requirements

Seats, fixing requirements for 11
Steps and landings 11
Exit doors 11
Exits to be unobstructed 12
Exit signs etc. and lighting 13
Electric fans 14
Heaters 14
Sanitary facilities 15
General maintenance 15
Fires 16
Stage curtains 16
Fire precautions and smoke control devices 16
Evacuation plans 17

26A. Risk management plans 17

Part 4 — Lighting

Division 1 — General

Artificial lighting to be provided 19

The regulations rest on a small set of core concepts that organise obligations and discretion.

Certificate of approval and application process. A certificate of approval under s 178 of the Act is the central administrative instrument that authorises a public building for particular uses and occupancies. Applications must use the prescribed forms (Form 1 to construct/alter, Form 2 to obtain a certificate, Form 3 to vary a certificate) and be lodged with the local government (regulations 4-6, 9). Schedule 1 caps the fee for considering applications at an amount not exceeding $871, with the local government determining the fee equal to its cost of consideration (Schedule 1).

Maximum number of persons and floor area calculations. The regulations set out per‑person floor area metrics for a long list of uses (regulation 7(1), Table). These metrics determine maximum occupancies for public buildings other than large licensed premises. For large licensed premises the default cap is 1 000 persons (regulation 7A(1)), but there is a pathway to apply to use the 0.85 m2 per person measure for larger venues if accompanied by a risk management plan and an approved counting system (regulation 9(3)). Floor area excludes certain elements such as lifts, stairways, corridors, kitchen, stage, sanitary and staff areas (regulation 7B), which materially affects how occupancy limits translate into revenue potential.

Risk management and emergency planning. For any application in relation to a building or place where 1 000 or more persons may assemble, a risk management plan developed in accordance with AS/NZS ISO 31000:2009 is mandatory (regulation 4(2)). Occupiers of certain buildings such as cinemas and licensed premises must prepare emergency plans that meet the requirements of AS 3745:1995 and incorporate the AS/NZS ISO 31000:2009 risk management plan (regulation 26(1a)). The occupier must submit emergency plans for approval and rehearse them at intervals specified by local government (regulation 26(2), (4)). Regulation 26A requires compliance with the approved risk management plan for occupiers subject to regulation 4(2) or 9(3).

Technical standards and maintenance. The regulations reference and require conformity with specified Australian Standards for key systems. Emergency lighting must comply with AS/NZS 2293 and be maintained accordingly (regulations 3(1), 32(1)-(2), 62). Electrical installations and testing must conform with AS 3760 (regulation 61). For circuses and temporary shows, AS 3002 is invoked for electrical installations (regulation 54). The regulations also contain precise technical prescriptions for seating, exits, exit signage and illumination, heaters and electric fans, safety lighting, stage equipment and switchboard arrangements (regulations 11-16, 18-19, 27-44).

Local government and Chief Health Officer roles. Local governments are the primary decision makers for applications and enforcement. They receive applications, may approve or vary certificates, and may impose conditions (regulations 4, 8, 9, 9A). The Chief Health Officer has a consultative and authorising role for variations to occupancy ratios, approvals of non‑standard fittings and approved counting systems, and may grant approvals in special cases (regulations 7(2), 9(3)(b), 42(6)).

Offences, penalties and enforcement mechanics. The regulations create offences for omissions or contraventions where a matter required by the regulations or a condition is omitted or not conforming, and where acts required are omitted or forbidden acts are done (regulation 63). Penalties are capped at $1 000, with minimum penalties graduated by repeat offending and daily penalties for continuing offences (regulation 64).

Scope and specialised sub‑divisions. The instrument divides requirements by type of public building and use. Division 2 covers entertainment venues (theatres, cinemas, stadiums, discotheques) with particular provisions on safety lighting, stage equipment and cinematograph equipment (regulations 37, 39-44). Division 3 addresses drive‑ins (regulations 45-49). Division 5 covers circuses, travelling shows and tents (regulations 53-56). These divisions tailor technical rules and compliance obligations to differing risks and operational characteristics.

Interoperability with other legal instruments. The regulations operate in tandem with the Building Regulations (defined in reg 3(1)), the Electricity (Licensing) Regulations 1991 (defining electrical installation and work, reg 3(2)), and the Liquor Control Act 1988 (definitions of licensed premises, reg 3(1)). They also incorporate Australian Standards by reference. Regulation 6(2) expressly disallows issuing a certificate of approval that would exceed Building Regulations limits in respect of sanitary facilities, exits and ventilation.

Direct duties and legal exposure under the regulations fall primarily on three groups: owners, occupiers, and local governments, with specified roles for the Chief Health Officer and electrical contractors.

Owners and occupiers. The owner or occupier is the primary regulated party. The owner or agent must lodge applications to construct, alter, or extend public buildings (Form 1) under s 176 of the Act (regulation 4). Either the owner or the occupier may be liable for offences where a required matter is omitted or contravened (regulation 63). The occupier has numerous operational obligations: to ensure exits and egress routes are unobstructed and exit doors are not locked while the building is in use (regulation 15); to ensure exit signs and “NO ESCAPE” signs are visible and illuminated (regulation 16); to maintain fire alarms, hydrants and other fire prevention fittings in efficient working order (regulation 25); to prepare and rehearse emergency plans and to embed risk management plans where directed (regulations 26, 26A); to ensure emergency and safety lighting and electrical devices are maintained and tested to specified standards (regulations 32, 61, 62); and to display the certificate of approval in a conspicuous location (regulation 8).

Licensed premises and large licensed premises. Licensed premises are defined with reference to the Liquor Control Act 1988 and are subject to particular occupancy rules. Licensed premises of 850 m2 or less have a specific area per person metric of 0.85 m2 per person in the Table in regulation 7(1). Large licensed premises, defined as premises with a floor area of more than 850 m2, have a default maximum occupancy of 1 000 persons (regulation 7A). Owners or occupiers of large licensed premises can apply to local government to use a 0.85 m2 per person metric (regulation 9(3)), but that application must include an AS/NZS ISO 31000:2009 risk management plan, details of a number counting system approved by the Chief Health Officer, and other information requested by the local government (regulation 9(3)(a)-(d)). If the variation is granted, the occupier must ensure the counting system operates whenever open to the public and movable items (except chairs) are assigned Person Equivalent Numbers to adjust the maximum number displayed on the certificate of approval (regulation 9B).

Local government. Local governments decide applications under the Act and these regulations. They receive and assess Form 1 and Form 3 applications and set fees up to the cap in Schedule 1 (regulations 4, 9, Schedule 1). Local governments may vary certificates in accordance with applications (regulation 9A(1)), but cannot vary a certificate where a structural alteration or extension is proposed, nor to exceed Building Regulations limits (regulation 9A(2)). Local governments may impose conditions on variations and have power to vary or revoke conditions by written notice (regulation 9A(3)). They also approve emergency plans, direct amendments and require rehearsals (regulation 26).

Chief Health Officer. The regulations reserve several consultative and approval roles to the Chief Health Officer. Those include authority to vary area ratios for standing viewing areas (regulation 7(2)), approval of number counting systems for large licensed premises seeking to use the 0.85 m2 metric (regulation 9(3)(b)), and the ability to approve fittings not prescribed in regulation 42 in special cases (regulation 42(6)). The Chief Health Officer also features indirectly in requirements that no certificate of approval exceed Building Regulations with respect to sanitary facilities, exits and ventilation; that cross‑references to other statutes be observed; and that certain approvals be made by the CHO rather than the local government (regulation 6(2), 9A).

Electrical contractors and authorised electrical personnel. Electrical installations are governed both by the regulations and the Electricity (Licensing) Regulations 1991. Regulation 10 prevents issuance of a certificate of approval for a public building on which electrical work has been undertaken unless a person authorised to sign a notice of completion under the Electricity (Licensing) Regulations has issued a certificate of electrical compliance in the Form 5 specified in Schedule 2. Regulation 61 requires testing and inspection of electrical installations and residual current devices in conformity with AS 3760. Those duties fall on licensed electrical contractors and persons authorised by the Electricity Act and associated regulations.

The public and patrons. The regulations indirectly affect patrons through requirements intended to preserve egress, safety lighting, and emergency procedures; however, the primary legal obligations are placed on owners and occupiers. Patrons cannot obstruct exits or lock exit doors, and cannot park or place objects so as to obstruct exits (regulation 15(1), (3)). The public benefits are safety and sanitary provisions mandated by the regulations.

Other affected categories. Specific provisions target certain activities and premises types such as cinemas (regulations 43), drive‑ins (regulations 45-49), circuses and temporary structures (regulations 53-56) and theatres and other entertainment venues (Division 2). These provisions create differentiated obligations for organisers and operators of those special categories.

The regulations create a network of prescriptive duties for owners and occupiers, and discrete rights and discretions for local governments and the Chief Health Officer.

Duties to apply, produce and display certificates. The owner or agent must apply in writing to the local government to construct, alter or extend a public building using Form 1 and to apply for a certificate of approval using Form 2 (regulations 4, 5, Schedule 2 Forms 1 and 2). A certificate of approval must be displayed conspicuously at the main entrance so it is legible to a person entering (regulation 8). An application in respect of premises where 1 000 or more persons may assemble must be accompanied by an AS/NZS ISO 31000:2009 risk management plan (regulation 4(2)). Applications to vary a certificate use Form 3 and may require fees as per Schedule 1 (regulation 9(2)).

Occupancy and floor area duties. Owners and occupiers must not accommodate more persons than permitted by the Table in regulation 7 (for non‑large licensed premises) or than permitted under regulation 7A for large licensed premises, unless the certificate of approval (and any lawful variation) indicates otherwise (regulations 6(2), 7, 7A). Floor area is calculated according to regulation 7B, which excludes lifts, stairways, passages, stages, kitchens, sanitary areas and staff areas. For large licensed premises that have had their certificates varied under regulation 9A to adopt the 0.85 m2 metric, occupiers have duties to use approved counting systems and mark movable items with Person Equivalent Numbers (PENs) that equate to 0.7 m2 per PEN, and to ensure the counting system is operating whenever open to the public (regulation 9B).

Health and safety duties. The occupier must keep exits and egress unobstructed and exit doors unlocked where they are required to be used (regulation 15). Exit signage must conform with AS/NZS 2293 where Building Regulations require exit signs, and exit and “NO ESCAPE” signs must be visible and lit during opening hours (regulation 16). Occupiers must ensure general lighting of 40 lux at floor level (regulation 28(2)), external and pathway lighting minimums (regulation 31(1), (4)), and emergency lighting according to AS/NZS 2293 with fail‑safe energy provisioning (regulation 32). Stage and theatrical equipment must be installed and maintained so as not to create fire hazards or hazards from suspended equipment (regulation 42). Sanitary conveniences must meet Building Regulations unless exempted in writing by local government (regulation 20(1)).

Maintenance, testing and certification duties. Electrical installations must be inspected and tested in accordance with AS 3760 and residual current devices tested to the same Standard (regulation 61). Emergency lighting and exit signs must be maintained under AS/NZS 2293 (regulation 62). A certificate of electrical compliance in Form 5 must be issued by an authorised person before a certificate of approval will be granted if electrical work has been undertaken (regulation 10).

Duties on occupiers of special premises. Specific duties attach to certain premises. For example, occupiers of cinemas and licensed premises must prepare emergency plans approved by local government and rehearse them at specified intervals (regulation 26). For circuses and travelling shows, electrical installations accessible to the public must conform with AS 3002 and switchboards used in connection with generating electricity must not be accessible to the public (regulation 54). Drive‑ins must provide minimum external illumination levels and at least two exits, and must design entrances and exits to facilitate orderly flow of vehicles (regulations 46, 48).

Local government rights and discretions. Local governments may approve variations to certificates under regulation 9A(1), but they cannot vary certificates when structural alterations or extensions are proposed or in a way that exceeds Building Regulations limits for sanitary facilities, exits and ventilation (regulation 9A(2)). They may impose conditions on variations and may vary or revoke those conditions by written notice served on the occupier (regulation 9A(3)). They approve emergency plans and may direct the occupier to amend them or conduct rehearsals (regulation 26).

Chief Health Officer rights. The Chief Health Officer may vary occupancy ratios on application after consulting local government (regulation 7(2)), approve number counting systems for licensed premises applying to use the 0.85 m2 metric (regulation 9(3)(b)), and in special cases may approve fittings not otherwise prescribed in regulation 42(6). The CHO therefore sets technical thresholds and can override local government determinations in the specific contexts identified.

Penalties and enforcement rights. The regulations empower local governments to enforce the rules through criminal prosecution, with penalties set in regulation 64. Offences cover omissions or non‑conformity with regulatory requirements or with conditions imposed on certificate variations (regulation 63). Maximum penalty on conviction is $1 000, minimum penalties escalate with repeat offences, and continuing offences attract daily penalties (regulation 64).

Rights to seek variation. Owners or occupiers may apply to vary certificates to change the permitted purposes or the maximum number of persons (regulation 9(1)). For large licensed premises an application exists to use a 0.85 m2 per person measurement for increased capacity, contingent on a risk management plan and an approved counting system (regulation 9(3)).

The regulations create offences and prescribe penalty levels, while placing day‑to‑day enforcement responsibility in the hands of local government and authorised officers.

Offence structure. Regulation 63 defines the basic offence architecture. Where a matter required by these regulations or by a condition imposed on a variation of a certificate of approval is omitted or does not conform to the requirement, the owner or occupier is guilty of an offence (regulation 63(1)). Where an act required to be done is omitted or a forbidden act is done in contravention of the regulations or such a condition, the occupier is guilty of an offence (regulation 63(2)). The text makes offences of both omissions and positive breaches, and attaches liability variably to owner and occupier depending on the type of contravention.

Penalty framework. Regulation 64 sets penalties. A person who commits an offence against the regulations is liable on conviction to a penalty not exceeding $1 000 and not less than specified minima: $100 for a first offence, $200 for a second offence, and $500 for a third or subsequent offence. For continuing offences, daily penalties not exceeding $100 and not less than $50 apply. Thus the instrument uses a combination of lump sum fines and daily ongoing penalties to induce compliance.

Enforcement actors and mechanics. The regulations situate administrative control and enforcement primarily with local governments. Applications, approvals, emergency plan approvals and instructions to amend plans are all tasks of the local government (regulations 4, 5, 9, 26). Regulation 9A explicitly authorises local governments to impose conditions when varying a certificate of approval and to vary or revoke those conditions by written notice served on the occupier (regulation 9A(3)). Authorised officers under s 179 of the Health (Miscellaneous Provisions) Act are empowered to inspect and, in the context of large licensed premises, to assign Person Equivalent Numbers where occupiers have not complied with PEN marking requirements for movable items (regulation 9B(4)). Regulation 10 binds the electrical compliance regime to the Electricity (Licensing) Regulations 1991 by requiring a notice of completion certified by an authorised person before a certificate of approval will be granted where electrical work has been carried out.

Evidence and technical thresholds. Enforcement of many requirements will turn on technical standards and certificates from regulated professionals. For example, emergency lighting maintenance must conform to AS/NZS 2293 (regulations 32 and 62), electrical installations must be inspected and tested under AS 3760 (regulation 61), and a certificate of electrical compliance in Form 5 is required where electrical work has been undertaken (regulation 10, Form 5). These technical standards give enforcement bodies objective criteria for compliance assessments but create reliance on professional testing and certification.

Limits on discretion and rights of review. The regulations constrain local government discretion in certain respects. A certificate of approval cannot be issued or varied to authorise occupancy in excess of the number permitted under the Building Regulations with respect to sanitary facilities, exits and ventilation (regulations 6(2), 9A(2)(b)). Local government cannot vary a certificate if a structural alteration or extension of the building is proposed (regulation 9A(2)(a)). Those limits create legal thresholds that may be relied on in administrative and potentially judicial review contexts.

Potential remedies and compliance pathways. The instrument anticipates administrative remediation rather than only prosecution. Local governments can impose conditions, direct amendments to emergency plans and prescribe rehearsals of approved plans (regulation 26). An occupier can apply to vary a certificate (regulation 9), and the Chief Health Officer may approve non‑standard fittings in special cases (regulation 42(6)). These administrative pathways provide regulated entities with steps to return to compliance short of criminal sanction.

The regulations operate within an ecosystem of statutory instruments, Australian Standards and local government powers. The text contains explicit cross‑references and incorporated standards that determine practical compliance boundaries.

Health (Miscellaneous Provisions) Act 1911. The regulations are made under that Act and explicitly reference sections of it. For example, applications relating to construction reference Act s 176 (regulation 4), and certificates of approval reference Act s 178 (regulations 5-6). The regulations thus operationalise and detail the Act’s powers and processes, supplying forms, technical standards and procedural steps to implement the Act’s broad authority to regulate public buildings.

Building Regulations 2012 (Building Regulations). The Building Regulations are a defined term in regulation 3(1) and they create upper bounds for some authorisations in these regulations. Regulation 6(2) and regulation 9A(2)(b) expressly prevent the issue or variation of a certificate of approval in a way that would authorise accommodation in excess of numbers permitted under the Building Regulations in respect of sanitary facilities, exits and ventilation. The Building Regulations therefore act as a constraining overlay for occupancy and facility sufficiency; compliance with both sets of rules is required.

Electricity (Licensing) Regulations 1991 and Electricity Act 1945. The regulations import definitions of electrical installation and electrical work from the Electricity (Licensing) Regulations 1991 (regulation 3(2)). Regulation 10 makes the issuance of a certificate of approval contingent upon the authorised electrical person issuing a certificate of electrical compliance in Form 5 pursuant to the Electricity (Licensing) Regulations 1991. Those linkages integrate electrical licensing, safety and completion certification into the public buildings approval process.

Liquor Control Act 1988. The definition of licensed premises in regulation 3(1) refers to licences under that Act. That linkage matters because licensed premises are treated differently in occupancy calculations (regulations 7, 7A, 9, 9B), and because the Liquor Control Act governs alcohol licensing, hours and other conditions. Operators of licensed premises must therefore comply with both public health/building safety rules and liquor licensing obligations.

Australian Standards. The regulations frequently incorporate Australian and Australian/New Zealand Standards by reference. Notable references include AS/NZS 2293 for emergency evacuation lighting (regulations 3(1), 32(1), 62), AS/NZS ISO 31000:2009 for risk management plans (regulations 3(1), 4(2), 9(3)(a), 26(1a), 26A), AS 3745:1995 for emergency control organisation and procedures (regulation 26(1a)), AS 3760 for electrical testing and inspection (regulation 61), AS 3002 for electrical installations in shows and carnivals (regulation 54(1)), and AS 3190 for residual current device tests on speaker pedestals (regulation 47(1)). These references mean that updates to or versions of those Standards may affect the technical expectations under the regulations, although the regulations specify particular versions in some instances like AS 3745:1995 and AS/NZS ISO 31000:2009.

Local government by‑laws and interactions. Local government has discretion to approve exemptions or to require standards above the default. For example, local government may exempt a public building from having a water carriage system for sewage disposal in writing (regulation 20(1)). Local government is responsible for approving emergency plans and directing rehearsals (regulation 26). Local government fees are capped by Schedule 1, but the local government determines the precise fee up to that cap.

Other statutory instruments and reprint notes. The compilation table in the Notes records numerous amendment instruments and dates. Those amendments have deleted, inserted or changed provisions across the life of the regulations and thus should be consulted when considering historical compliance or when interpreting transitional arrangements. The regulations themselves do not purport to displace or override other statutory obligations that may apply to a building, such as planning approvals, building permits or liquor licensing conditions.

Practical co‑ordination. Because the instrument references multiple technical standards, operators must coordinate between building code requirements, electrical certification regimes, Australian Standards, emergency planning practice and liquor licensing rules. For example, a licensed premises seeking to maximise occupancy under regulation 9 must not only produce a risk management plan under AS/NZS ISO 31000:2009 but must also obtain Chief Health Officer approval of counting systems and ensure the Building Regulations’ sanitary, exit and ventilation thresholds are not breached.

The regulations have been amended repeatedly since their commencement on 1 April 1992, with the compilation table in the Notes providing a sequence of amendment instruments and reprints. The history evidences iterative legislative maintenance and occasional deletions and insertions of clauses, which is relevant for tracing change and transitional rules.

Key milestones from the compilation table. The Health (Public Buildings) Regulations 1992 commenced 1 April 1992. Amendments and reprints include the 1994 Amendment Regulations (25 November 1994), a set of 2001 Regulations (Gazette 3 August 2001) that were disallowed in part by Gazette 20 November 2001, and substantive amendments in 2002 (7 June 2002) that, among other things, inserted regulation 7A (large licensed premises) and regulation 7B (floor area calculation) and added requirements for risk management plans and counting systems (see reg 4(2), 9(3), 9B). Reprints were issued in 2003 and 2006. Subsequent amendments occurred in 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2013 and 2014. A package of amendments connected to broader Health Regulations Amendment (Public Health) Regulations 2016 effected changes that came into operation in January 2017, and further amendments were made on 24 January 2017 and 19 September 2017.

Notable substantive changes. The 2002 Amendment Regulations inserted provisions specific to large licensed premises, the 0.85 m2 per person measure for licensed premises 850 m2 or less, and the PEN system (regulations 7A, 7B, 9, 9A, 9B). The legislative record also shows deletions and renumberings (for example, regs 12, 17, 30, 33, 34, 38, 40, 57 and Part 6 r. 58-60 were deleted by amendments noted in 2017). Various forms and fees in Schedule 2 have been amended over time (Forms 1-5; Schedule 1 fee cap has been adjusted by regulation amendment notices cited). The insertion of explicit references to AS/NZS ISO 31000:2009 and the requirement for risk management plans on certain applications followed later amendments (regulations 4(2), 9(3)(a), 26(1a), 26A).

Reprints and disallowance notes. The compilation table documents that an amendment in 2001 was disallowed as recorded in Gazette 20 November 2001. The table also records multiple reprints,Reprint 1 as at 1 August 2003, Reprint 2 as at 25 August 2006, and Reprint 3 as at 6 January 2012,each including amendments up to those dates. These reprints are helpful for assessing which version of the text applied at particular historical dates.

Consequential and related amendments. The amendment history includes an entry for the Electricity Corporations (Consequential Amendments) Regulations 2006 r. 81 with effect 1 April 2006, indicating coordinated amendments touching electricity regulation and public building safety. The interleaving of health, electricity and building regulation amendments over the years reflects an ongoing effort to ensure the public buildings regime interfaces with safety and electrical governance changes.

Practical implications of amendment history. For risk analysts and compliance officers, the amendment history signals areas where regulatory emphasis changed over time,particularly the 2002 focus on large licensed premises and risk management, and the 2017 deletions and updates that appear to streamline or remove certain provisions. When assessing current obligations it is important to consult the consolidated and current reprint or the official current version, because the regulations have undergone targeted modifications across decades. Schedule 2 forms have also been updated at various points, which affects how applications are to be lodged today.

The regulations, as presented, do not include recorded judicial decisions or case citations within the text. The compilation table and notes list amendment instruments and reprints but do not record any litigation history. The instrument names no cases.

This absence of case citations in the legislation text means that any litigation history relevant to interpretation, enforcement or constitutional questions would need to be sourced from court databases, tribunal records, or legal reporting services rather than from the regulations themselves. Practising lawyers and compliance officers should therefore search decisions of Western Australian courts and tribunals, and potentially administrative review jurisdictions, for reported disputes about the application of these regulations, including disputes over occupancy calculations, the lawful scope of local government conditions under regulation 9A, the Chief Health Officer’s approvals, and prosecutions under regulation 63.

When assessing enforcement risk or likely court outcomes, note that many obligations in the regulations turn on technical standards and professional certification (AS/NZS 2293, AS 3760, Form 5 certificates under the Electricity (Licensing) Regulations). Litigation over compliance is therefore likely to involve expert evidence on technical conformity and the sufficiency of maintenance, testing and inspection regimes, rather than pure questions of statutory interpretation alone. Any litigation corpus relevant to these regulations will also intersect with decisions under the Building Regulations, Electricity Act related enforcement, and liquor licensing disputes where licensed premises operational rules interact.

Several practical pitfalls arise from the text that commonly create compliance surprises. The following are concrete risks and operational features owners, occupiers and their advisers should watch for.

Exclusions in the floor area calculation materially reduce usable area. Regulation 7B excludes areas occupied by lifts, stairways, ramps, escalators, passages, hallways, corridors, lobbies, fixtures and similar areas, and excludes kitchens, stages, sanitary and staff areas from the floor area calculation. A naive gross floor area figure will therefore overstate the allowed occupancy. For example, a venue operator who leases on a gross basis but does not separately account for excluded areas may find their permitted occupant capacity significantly lower than expected when the certificate of approval is issued.

Different occupancy metrics by use and for licensed premises. The Table in regulation 7 prescribes different m2 per person metrics for specific uses. Licensed premises having a floor area of 850 m2 or less are assigned 0.85 m2 per person by the Table, which is a denser allowance than many other uses. For large licensed premises (over 850 m2) the default cap is 1 000 persons (regulation 7A), but that cap can be increased only by application with an approved counting system and risk management plan (regulation 9(3)). Operators who assume they can scale capacity linearly with floor area will be surprised by the absolute 1 000 person cap unless they apply successfully under regulation 9.

Counting systems and PENs. If a large licensed premises applies for and receives a variation to use the 0.85 m2 metric, the occupier must install a counting system approved by the Chief Health Officer and must assign Person Equivalent Numbers (PENs) to movable items other than chairs, with each PEN equating to 0.7 m2 of floor area (regulation 9B(2)-(3)). Failure to mark items as required allows authorised officers to assign PENs for inspection purposes (regulation 9B(4)). The calculation that determines the number shown on the certificate of approval is the 0.85 m2 number minus the number of PENs present on each occasion, rounded to the nearest whole number (regulation 9B(5)). This mechanism creates an operationally awkward requirement: moving or reconfiguring furniture changes the certified permissible number present on any given occasion and creates a counting and record keeping burden.

Electrical compliance gating certificate issuance. Regulation 10 prevents issuance of a certificate of approval where electrical work has been undertaken unless an authorised person has issued a Form 5 certificate of electrical compliance under the Electricity (Licensing) Regulations 1991. That creates a hard stop: if electrical work was carried out and no licensed contractor issued the Form 5, the local government must not grant the certificate. Owners who undertake or contract incomplete electrical works risk having their building out of compliance for certificate issuance.

Standards referenced are version‑specific in places. The regulations specify particular versions of Australian Standards in some instances, such as AS/NZS ISO 31000:2009 and AS 3745:1995 (regulation 3(1), 26(1a)). That can create tension if industry practice moves to later versions of the standards not referenced here. Compliance teams must check whether the local government or Chief Health Officer accepts later versions or insists on the exact referenced edition.

Local government discretion and conditionality. Local governments may impose conditions when varying a certificate and may revoke or vary conditions by written notice (regulation 9A(3)). That creates operational risk for occupiers dependent on particular certificate conditions; a local government can alter conditions administratively. Occupiers should therefore monitor communications with the local government and maintain ready capacity to comply with changing conditions.

Overlap with Building Regulations. A certificate of approval cannot authorise accommodation in excess of Building Regulations limits related to sanitary facilities, exits and ventilation (regulation 6(2), 9A(2)(b)). Owners who secure a certificate based on floor area calculations and seating metrics must still ensure compliance with Building Regulations. This creates dual compliance obligations and potential conflicting requirements if the Building Regulations impose stricter technical thresholds.

Emergency plan rehearsal and approval. Occupiers must submit emergency plans for approval and carry out rehearsals at intervals specified by the local government (regulation 26(2), (4)). Failure to rehearse can amount to non‑compliance, but the regulation leaves rehearsal frequency to local government discretion, which can be operationally burdensome for businesses.

Fee cap and cost recovery. Schedule 1 caps local government fees for considering applications at an amount not exceeding $871. The fee must equal the local government’s cost in the opinion of the local government but cannot exceed $871. This cap limits up front administrative costs but does not cover ongoing compliance costs such as installation of counting systems, emergency lighting systems compliant with AS/NZS 2293, routine testing to AS 3760, PEN marking, or the production and maintenance of risk management and emergency plans.

Enforcement uses professional standards as touchstones. Because enforcement will often turn on conformity with referenced standards and certification, owners and occupiers must retain qualified contractors and keep test and maintenance records. Absence of proper records of testing, RCD checks, or emergency lighting maintenance can make prosecution or enforcement easier for the local government.

A practical, stepwise compliance plan, grounded in the regulations, helps owners and occupiers transform legal obligations into operational actions.

Identify whether the premises is a public building as defined and the relevant uses. Check the definitions in regulation 3(1). If the building is a cinema, drive‑in, theatre, circus, licensed premises or other specified type, consult the relevant Division (Part 5 Divisions) for additional obligations (regulations 37, 45, 53 etc).
If constructing, altering or extending, lodge Form 1 with the local government under s 176 of the Act and include the plans, detail and the fee up to the Schedule 1 cap. For projects where 1 000 or more persons may assemble, prepare a risk management plan in accordance with AS/NZS ISO 31000:2009 to accompany the application (regulation 4(1)-(2), Schedule 2 Form 1).
Obtain a certificate of approval. On completion of construction or alteration, apply using Form 2 (regulation 5, Schedule 2 Form 2). Ensure that if any electrical work was undertaken a person authorised under the Electricity (Licensing) Regulations 1991 issues a Form 5 certificate of electrical compliance before the local government will issue the certificate of approval (regulation 10, Schedule 2 Form 5).
Calculate maximum occupancy. Use the Table in regulation 7(1) for the applicable use to calculate permitted occupant numbers, applying the floor area calculation rules in regulation 7B to exclude lifts, stairways, passages, kitchens, stages, sanitary and staff areas. For licensed premises, apply the particular metrics and the 850 m2 cutoff (regulation 7, 7A, 7B). If the premises is large licensed premises and the owner wants to use 0.85 m2 per person, prepare an application under regulation 9(3) including an AS/NZS ISO 31000:2009 risk management plan and details of a counting system approved by the Chief Health Officer.
Display the certificate of approval. Once issued, display the certificate in a conspicuous position at the main entrance so it is legible to entrants (regulation 8).
Prepare emergency and risk management plans. If the premises is a cinema, licensed premises or another building specified by local government, prepare an emergency plan that meets AS 3745:1995 and incorporates the AS/NZS ISO 31000:2009 risk management plan. Submit the plan for approval to the local government, and be ready to amend it if directed, and to rehearse the plan at intervals specified by the local government (regulation 26(1), (1a), (2), (3), (4)). If the application under regulation 4(2) or 9(3) was required, ensure ongoing compliance with the approved risk management plan (regulation 26A).
Install and maintain lighting and signage. Ensure general lighting is provided separate from theatrical lighting and gives at least 40 lux at floor level (regulations 27-28). Fit exit signage in conformity with AS/NZS 2293 where Building Regulations require exit signs; ensure “NO ESCAPE” signage is installed where exits or passages do not provide clear egress (regulation 16). Install and maintain emergency lighting systems in accordance with AS/NZS 2293 and ensure fail‑safe power provision for emergency luminaires where contactors or remote control might otherwise fail (regulation 32(1)-(3), 62).
Ensure electrical compliance and testing. Have all electrical installations inspected and tested in conformity with AS 3760 and ensure residual current devices are tested to the same Standard (regulation 61). Maintain records of testing and the Form 5 certificate of electrical compliance where electrical work has been done (regulation 10, Schedule 2 Form 5).
Implement egress and fire safety measures. Ensure exit doors open in direction of egress unless automatic sliding doors are permitted and that doors are not fitted with barrel bolts (regulation 14). Keep lobbies, exits, corridors and stairways unobstructed and ensure vehicles or objects are not parked so as to obstruct exits (regulation 15). Maintain fire alarms, hydrants and other fire prevention appliances in efficient working order (regulation 25). Use non‑toxic fire retardant materials for stage curtains and decorative treatments or have them approved by the Chief Health Officer (regulation 23).
Maintain seating, steps, and stage equipment. Fix seats to the floor unless they are fastened in groups of not less than four or unless local government approves otherwise (regulation 11). Provide handrails for steps and landings, and meet minimum tread and riser dimensions (regulation 13). Secure suspended stage equipment and use safety chains for suspended lighting where required, and ensure fitting and winch mechanisms meet the specifications in regulation 42.
For large licensed premises seeking the 0.85 m2 metric, install an approved counting system and assign PENs. If applying under regulation 9(3), include details of the counting system and the risk management plan in the application. If the variation is granted, ensure the counting system is operating at all times the premises is open and mark movable items (other than chairs) with PENs equating to 0.7 m2 per PEN, with PEN marks clear, legible and permanent (regulation 9(3), 9B(2)-(3)).
Record keeping, rehearsals and maintenance logs. Maintain records of emergency plan approvals, rehearsals, testing and maintenance of emergency lighting and electrical devices, PEN inventories where applicable, and forms of approval and certificates of electrical compliance. These records form the evidence base for compliance and for defending against enforcement action under regulation 63.
Engage with local government early. Because local governments approve emergency plans, issue and vary certificates and may impose or alter conditions, engage early in the application and approval process. Anticipate written directions from local government to amend emergency plans or to rehearse them, and budget for modifications to comply with any conditions imposed under regulation 9A(3).
Budget for technical compliance costs. The regulations cap application fees in Schedule 1 at $871, but the cost of compliance includes installation and maintenance of emergency lighting to AS/NZS 2293, electrical testing to AS 3760, installation of counting systems, PEN marking, and training and rehearsal costs for emergency plans. Those operational expenses should be estimated and budgeted for and cannot be recouped through the small application fee.
Seek Chief Health Officer approvals where specified. If non‑standard fittings are intended for stage equipment, or if a counting system requires CHO approval, make the necessary applications and obtain written approvals before relying on those devices to meet regulatory obligations (regulations 9(3)(b), 42(6)).
Monitor changes to referenced Standards and legislation. Because the regulations reference specific Standards by title and sometimes by edition, monitor whether local government or the Chief Health Officer accepts newer versions or insists on the editions named. Also keep abreast of amendments to the Building Regulations and Electricity licensing rules as they can change compliance thresholds.

Following these steps will not eliminate regulatory risk, but they align operational practice with the statutory text. Keep documentary evidence of applications, approvals, maintenance logs, test certificates and rehearsals accessible for inspection by authorised officers under the Health (Miscellaneous Provisions) Act and for the local government’s review.

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