938GOVERNMENT GAZETTE, WA 25 January 2017

938 GOVERNMENT GAZETTE, WA 25 January 2017 (m) maintain all electric wiring, gas services and fittings to comply in all respects with the requirements of all relevant public authorities. 3.2 Guttering and downpipes (1) Unless approved by the local government, the owner of a house shall not use or occupy, or permit to be used or occupied, a house unless— (a) the house is provided with adequate guttering, downpipes and drains sufficient to receive normal intensities of rainwater flowing into them and for the rain water to be effectively disposed of to the satisfaction of an Environmental Health Officer; (b) the guttering and downpipes are fixed to the eaves of the house so that all normal intensities of rain water flowing from the roof shall be received by such guttering and downpipes; (c) all downpipes from guttering are connected so as to discharge into drains, which shall empty into a soak well, or other suitable storm water system or rainwater tanks; (d) each soak well is located at least 1.8 metres from any building and at least 1.8 metres from the boundary of the block; and (e) any rainwater from any downpipe is not discharged onto any unpaved surface of land within 1.8 metres of any house. 3.3 Maintenance of guttering and downpipes and disposal of rainwater The owner or occupier of a house shall— (a) maintain all guttering, downpipes and drains on the premises in a good state of repair, clean and free from obstructions; and (b) not permit any guttering, downpipes, or drains on the premises to discharge rainwater onto or over a footpath, or other property that is in separate ownership. Division 2—Ventilation of houses 3.4 Exemption for short term hostels and recreational campsites This Division shall not apply to short term hostels and recreational campsites referred to in Division 2 of Part 8. 3.5 Overcrowding The owner or occupier of a house shall not permit— (a) a room in the house that is not a habitable room to be used for sleeping purposes; or (b) a habitable room in the house to be used for sleeping purposes unless— (i) for every person over the age of 10 years using the room there is at least 14 cubic metres of air space per person; and (ii) for every person between the ages of 1 and 10 years there is at least 8 cubic metres of air space per person; or (c) any garage or shed to be used for sleeping purposes. 3.6 Calculated sufficient space For the purpose of clause 3.5, in calculating the space required for each person— (a) each room shall be considered separately and sufficient space shall be allowed in each room for the number of persons present in the room at any one time; and (b) a deduction shall be made for the space occupied by furniture, fittings and projections of the walls into a room. 3.7 Ventilation (1) A person shall not use or occupy, or permit to be used or occupied, a house unless the house is properly ventilated. (2) For the purpose of subclause (1) a house shall be deemed to be properly ventilated if it complies with the Building Code, including the provision of— (a) natural ventilation; or (b) a mechanical ventilation or air-conditioning system complying with AS1668.2: 2002. (3) The owner of a house provided with mechanical ventilation or an air-conditioning system shall ensure that the system is— (a) maintained in good working condition and in accordance with AS/NZS 3666.2: 2011; and (b) in use at all times the building is occupied, if it is a building without approved natural ventilation. (4) If, in the opinion of an Environmental Health Officer, a house is not properly ventilated, the local government may by notice require the owner of the house to— (a) provide a different, or additional method of ventilation; or (b) cease using the house until it is properly ventilated. (5) The owner shall comply with a notice under subclause (4).