Health Local Law 2017

9 January 2018 GOVERNMENT GAZETTE, WA 69

PART 1—PRELIMINARY

1. Citation 1A. Commencement 1B. Application
2. Repeal
3. Interpretation

PART 2—SANITATION

Division 1—Sanitary Conveniences 4. Interpretation 5. Dwelling House 6. Premises Other Than A Dwelling House 7. Outdoor Festivals 8. Toilets 9. Temporary Works 10. Maintenance Of Sanitary Conveniences And Fittings 11. Ventilation Of Toilet 12. Public Sanitary Conveniences 13. Lighting 14. Installation

Division 2—Bathroom, Laundries And Kitchens 15. Bathrooms 16. Laundries 17. Washing Or Keeping Of Clothes In Kitchens 18. Kitchens

PART 3—HOUSING AND GENERAL Division 1—Maintenance Of Houses 19. Dwelling House Maintenance 20. Guttering And Downpipes 21. Maintenance Of Guttering And Downpipes And Disposal Of Rain Water Division 2—Ventilation Of Houses 22. Exemption For Short Term Hostels 23. Overcrowding 24. Calculate Sufficient Space 25. Ventilation 26. Sub-Floor Ventilation

Division 3—Water Supply 27. Water Supply 28. Rain Water Tanks 29. Wells 30. Pollution

70 GOVERNMENT GAZETTE, WA 9 January 2018

Division 4—Secondhand Furniture, Bedding And Clothing 31. Prohibition Of Sale 32. Prohibition Of Possession Division 5—Morgues 33. Application And Licensing Of Morgues PART 4—REFUSE Division 1—Enclosures And Burning 34. Interpretation 35. Suitable Enclosure 36. Burning Rubbish Or Refuse Division 2—Transport Of Butchers’ Waste 37. Interpretation 38. Restriction Of Vehicles 39. Transport Of Butchers Waste

PART 5—NUISANCES AND GENERAL Division 1—Nuisances 40. Interpretation 41. Footpaths Etc, To Be Kept Clean 42. Escape Of Smoke etc. 43. Public Vehicles To Be Kept Clean 44. Prohibition Against Spitting 45. Transportation, Use And Storage Of Offal, Blood, Or Other Offensive Matter 46. Use Or Storage Of Fertiliser 47. Storage And Dispatch Of Artificial Fertiliser 48. Storage Of Fertiliser In A House 49. Vehicles Used For Transporting Of Animals And Birds Division 2—Keeping Of Animals 50. Interpretation 51. Cleanliness 52. Animal Enclosures 53. Cats 54. Keeping Of Small Animals 55. Slaughter Of Animals 56. Disposal Of Dead Animals Division 3—Keeping Of Large Animals 57. Interpretation 58. Stables 59. Proximity Of Animals To A Dwelling House 60. Manure Receptacle Division 4—Keeping Of Poultry, Pigeons And Miscellaneous Birds 61. Interpretation 62. Limitation On Numbers Of Poultry And Pigeons 63. Limitations on Numbers of Miscellaneous Birds 64. Conditions For Keeping Poultry 65. Roosters, Geese, Turkeys And Peafowls 66. Pigeons Or Doves 67. Restrictions On Feeding Of Birds 68. Removal Of Non-Conforming Structure Or Enclosure 69. Restrictions On Pigeon Nesting Or Perching

Division 5—Car Parks 70. Interpretation 71. Ventilation 72. Exhaust Air Discharge Points And Exhaust Registers

9 January 2018 GOVERNMENT GAZETTE, WA 71 PART 6—PEST CONTROL Division 1—Flies 73. Interpretation 74. Fly Breeding Matter Not To Be Left On Premises Unless Covered Or Treated 75. Measures To Be Taken By An Occupier 76. Officer May Give Notice Directing Measures To Be Taken 77. Local Government May Execute Work And Recover Costs Division 2—Mosquitoes 78. Interpretation 79. Premises To Be Kept Free Of Mosquito Breeding Matter 80. Measures To Be Taken By An Owner Or Occupier 81. Measures To Be Taken By Occupier 82. Removal Of Undergrowth Or Vegetation 83. Filling In Excavations Etc 84. Drains, Channels And Septic Tanks 85. Drainage of Land 86. Officer May Give Notice Directing Measures To Be Taken 87. Local Government May Execute Work And Recover Costs Division 3—Rodents 88. Interpretation 89. Measures To Be Taken To Eradicate Rodents 90. Waste Food Etc. To Be Kept In Rodent Proof Receptacles 91. Restrictions On Materials Affording Harbourage For Rodents 92. Food Premises Etc. To Be Cleaned After Use 93. Restrictions On The Sale Or Keeping Of Rats 94. Local Government May Execute Work And Recover Costs Division 4—Cockroaches 95. Interpretation 96. Measures To Be Taken To Eradicate Cockroaches Division 5—Bee Keeping 97. Interpretation 98. Restrictions On Keeping Of Bees In Hives

Division 6—Arthropod Vectors Of Disease 99. Interpretation 100. Responsibility Of The Owner Or Occupier

PART 7—INFECTIOUS DISEASES Division 1—General Provisions 101. Requirements On Owner Or Occupier To Clean, Disinfect And Disinfest 102. Environmental Health Officer May Disinfect Or Disinfest Premises 103. Insanitary Houses, Premises And Things 104. Medical Officer May Authorise Disinfecting 105. Persons In Contact With An Infectious Disease Sufferer 106. Declaration Of Infected House Or Premises 107. Destruction Of Infected Animals 108. Disposal Of A Body 109. Local Government May Carry Out Work And Recover Costs Division 2—Disposal Of Used Condoms And Needles 110. Disposal Of Used Condoms 111. Disposal Of Used Needles

PART 8—LODGING HOUSES Division 1—Registration 112. Interpretation 113. Lodging House Not To Be Kept Unless Registered 114. Application For Registration 115. Approval Of Application

72 GOVERNMENT GAZETTE, WA 9 January 2018 116. Renewal Of Registration 117. Notification Upon Sale Or Transfer 118. Revocation Of Registration Division 2—Construction And Use Requirements 119. General Construction Requirements 120. Sanitary Conveniences 121. Laundry 122. Kitchen 123. Cooking Facilities 124. Dining Room 125. Lounge Room 126. Fire Prevention And Control 127. Obstruction Of Passages And Stairways 128. Fitting Of Locks 129. Restriction On Use Of Rooms For Sleeping 130. Sleeping Accommodation Short Term Hostel 131. Furnishing Etc. Of Sleeping Apartments 132. Ventilation 133. Numbers To Be Placed On Doors Division 3—Management And Care 134. Keeper Or Manager To Reside In The Lodging House 135. Register Of Lodgers 136. Keeper Report 137. Certificate In Respect Of Sleeping Accommodation 138. Duplicate Keys And Inspection 139. Room Occupancy 140. Maintenance Of A Room By A Lodger Or Resident 141. Cleaning And Maintenance Requirements 142. Responsibilities Of Lodgers And Residents 143. Approval For Storage Of Food

PART 9—OFFENSIVE TRADES Division 1—General 144. Interpretation 145. Consent To Establish An Offensive Trade 146. Notice Of Application 147. Registration Of Premises 148. Certificate Of Registration 149. Change Of Occupier 150. Alterations To Premises Division 2—General Duties Of An Occupier 151. Interpretation 152. Cleanliness 153. Rats And Other Vectors Of Disease 154. Sanitary Conveniences And Hand wash basins 155. Painting Of Walls Etc. 156. Effluvia, Vapours Or Gases 157. Offensive Material 158. Storage Of Materials 159. Specified Offensive Trades 160. Directions 161. Other Duties Of Occupier Division 3—Fish Premises 162. Interpretation 163. Fish Preparation Room 164. Bench 165. Disposal Of Waste 166. Fish Containers 167. Cooking Of Fish 168. Use Of An Approved Portable Box 169. Fish Transport Vehicle

9 January 2018 GOVERNMENT GAZETTE, WA 73 Division 4—Laundries, Dry Cleaning Establishments And Dye Works 170. Interpretation 171. Receiving Depot 172. Reception Room 173. Walls And Floors 174. Laundry Floor 175. Escape Of Dust 176. Precautions Against Combustion 177. Trolleys 178. Sleeping On Premises

PART 10—OFFENCES AND PENALTIES 179. Penalties SCHEDULES OF FORMS AND FEES

1. Application for Registration of a Lodging House.
2. Certificate of Registration of a Lodging House.
3. Notice of Change of Owner of a Lodging House.
4. Register of Lodgers.
5. List of Lodgers.
6. Certificate of Sleeping Accommodation for a Lodging House.
7. Application for Licence of a Morgue.
8. Certificate of Licence of a Morgue.
9. Application for Consent to Establish an Offensive Trade.
10. Application for Registration of Premises for Offensive Trade.
11. Certificate of Registration of Premises for Offensive Trade.

9 January 2018 GOVERNMENT GAZETTE, WA 75 PART 1—PRELIMINARY

1. Citation This local law may be cited as The City of Nedlands Health Local Law 2017. 1A. Commencement This local law commences 14 days after the day on which it is published in the Government Gazette. 1B. Application This local law applies throughout the district.
2. Repeal The City of Nedlands Health Local Laws 1997 adopted by the City of Nedlands on 25 November 1997 and published in the Government Gazette on 9 February 1998, are repealed.
3. Interpretation (1) In this local law unless the context otherwise requires “Act” means the Health (Miscellaneous Provisions) Act 1911; “adequate supply of water” means a flow of water of not less than 0.076 litres per second; “approved” means approved by the local government; “AS” means Australian Standard published by the Standards Association of Australia; “AS 1530.2: 1993” means the standard published by the Standards Association of Australia as AS 1530:2: 1993 and called “Methods for fire testing on building materials, components and structures—Tests for flammability of materials”; “AS 1668.2: 2002” means the standard published by the Standards Association of Australia as AS 1668:2: 2002 and called “The use of ventilation and air-conditioning in buildings— Ventilation design for indoor air contaminant control”; “AS 2001.5.4: 2005” means the standard published by the Standards Association of Australia as AS 2001.5.4: 2005 and called “Methods of tests for textiles Dimensional change-Domestic washing and drying procedures for textile testing (ISO 6330:2000, MOD)”; “AS/NZS 1530.3: 1999” means the standard published by the Standards Association of Australia as AS/NZS 1530.3: 1999 and called “Methods for fire tests on building materials, components and structure-Simultaneous determination of ignitability, flame propagation, heat release and smoke release”; “AS/NZS 3666.2: 2002” means the standard published by the Standards Association of Australia as AS/NZS 3666.2: 2002 and called “Air-handling and water systems of buildings-Microbial Control-Operation and maintenance”; “Building Code” means the latest edition of the Building Code of Australia published from time to time by, or on behalf of, the Australian Building Codes Board, as amended from time to time, but not including explanatory information published with that Code; “Chief Executive Officer” means the Chief Executive Officer of the City of Nedlands and includes an Acting Chief Executive Officer; “district” means the district of the local government and includes any area placed under the jurisdiction of the local government pursuant to Section 22 of the Act; “dwelling house” means a place of residence containing at least one sleeping room and includes a room or outbuilding separate from, but ancillary to, the building in which the sleeping room is located; “Environmental Health Officer” means an Environmental Health Officer appointed by the local government under the Act and includes an Acting Environmental Health Officer;

76 GOVERNMENT GAZETTE, WA 9 January 2018 “fire authority” means the Fire and Emergency Services Authority of Western Australia, Fire and Emergency Services of WA, or the Department of Fire and Emergency Services; “Food Standards Code” means the Australian New Zealand Food Standards Code as defined in the Commonwealth Food Standards Australia New Zealand Act 1991; “habitable room” means a room used for normal domestic activities, and— (a) includes a bedroom, living room, lounge room, music room, television room, kitchen, dining room, sewing room, study, play-room, family room and sun-room; but (b) excludes a bathroom, laundry, water closet, pantry, walk-in wardrobe, corridor, lobby, photographic dark room, clothes-drying room, and other spaces of a specialised nature occupied neither frequently nor for extended periods; “hot water” means water at a temperature of at least 75 degrees Celsius; “Local Government” means the City of Nedlands; “Medical Officer” means the Medical Officer appointed by the local government under the Act and includes an Acting Medical Officer so appointed; “Manager Health and Compliance” means an authorised officer appointed by the local government to perform the duties and functions of the office of Manager Health and Compliance and includes an Acting Manager Health and Compliance; “public place” includes every place to which the public ordinarily have access, whether by payment of a fee or not; “sanitary convenience” includes urinals, water-closets, earth-closets, privies, sinks, baths, wash troughs, apparatus for the treatment of sewage, ash-pits, ash-tubs, or other receptacle for the deposit of ashes, faecal matter, or refuse, and all similar conveniences; sewage” means any kind of sewage, nightsoil, faecal matter or urine, and any waste composed wholly or in part of liquid; “sewer” includes sewers and drains of every description, except drains to which the word “drain” as defined in the Act applies, also water channels constructed of stone, brick, concrete, or any other material, including the property of the local government; “street” includes any highway, and any public bridge, and any road, lane, footway, square, court, alley or passage, whether a thoroughfare or not; “toilet” means a water closet, earth closet, privy or urinal and includes a room or cubicle in which one or more of these is located; “vector of disease” means an arthropod or rodent that can transmit, by biological or mechanical means, an infectious agent from a source or reservoir to a person, and includes fleas, bedbugs, crab lice, body lice and head lice; “water” means drinking water within the meaning of the Australian Drinking Water Guidelines as published by the National Health and Medical Research Council in 2011 and as amended from time to time; and “window” means a glass panel, roof light, glass brick, glass louvre, glazed sash, glazed door, or other device which transmits natural light directly from outside a building to the room concerned when in the closed position. (2) Where in this local law, a duty or liability is imposed on an “owner or occupier”, the duty or liability shall be deemed to be imposed jointly and severally on each of the owner or occupier. (3) Where under this local law an Act is required to be done or forbidden to be done in relation to any premises, the owner or occupier of those premises has, unless the contrary intention appears, the duty of causing to be done the Act so required to be done, or of preventing from being done the Act so forbidden to be done, as the case may be. PART 2—SANITATION Division 1—Sanitary Conveniences 4. Interpretation In this Part, unless the context otherwise requires— “festival” includes a fair, function or event; “organiser” means a person— (a) to whom approval has been granted by the local government to conduct the festival; or (b) responsible for the conduct of the festival; “public sanitary convenience” means a sanitary convenience to which the public ordinarily have access, whether by payment of a fee or not; and “temporary sanitary convenience” means a sanitary convenience, temporarily placed for use by— (a) patrons and employees in conjunction with a festival; or (b) employees at construction sites or the like. 5. Dwelling House (1) A person shall not use or occupy, or permit to be used or occupied, a dwelling house unless it has at least one toilet. (2) A room in which a toilet is located shall have adequate lighting.

9 January 2018 GOVERNMENT GAZETTE, WA 77 6. Premises other than a Dwelling House (1) The owner of premises other than a dwelling house shall not use or occupy, or permit to be used or occupied, premises other than a dwelling house unless— (a) the premises have sanitary conveniences in accordance with the Building Code and this Part; (b) the toilets required by this local law are situated within a reasonable distance and are easily accessible to the persons for whom they are provided; and (c) the premises have hand wash basins— (i) in accordance with the Building Code; (ii) for the use of persons employed or engaged on the premises; (iii) provided with an adequate supply of water supplied by taps located over each basin; (iv) separate from any trough, sink or basin used in connection with any process carried out on the premises; and (v) situated within a reasonable distance of the sanitary conveniences and easily accessible to the person for whom they are provided. (2) The occupier of premises other than a dwelling house shall ensure that- (a) clean toilet paper is available at all times in each cubicle; (b) a sanitary napkin disposal facility is provided in each toilet set aside for the use of females; and (c) each hand wash basin is provided with— (i) an adequate supply of soap or other hand cleaning substances; and (ii) hand drying facilities, situated adjacent to and visible from the hand wash basin. 7. Outdoor Festivals (1) The organiser of an outdoor festival shall provide sanitary conveniences in accordance with the recommendations contained within the Department of Health document Guidelines for Concerts, Events and Organised Gatherings. (2) Where, under sub-clause (1), the number of a particular sanitary convenience to be provided is not a whole number, that number shall be rounded up to the next higher whole number. (3) The Manager Health and Compliance may vary the requirements of sub-clause (1) upon the written request of the organiser. 8. Toilets (1) Toilets on premises shall be maintained in accordance with the following requirements— (a) the door to a toilet, other than an internal toilet, shall be properly screened to a continuous height of 1.8 metres from the floor; (b) a toilet or its entrance which is visible from overlooking windows shall be properly screened; (c) the floor of any internal toilet shall be— (i) of concrete or of other approved impervious material of an approved thickness; and (ii) graded to a floor waste outlet and proper discharge pipe with flap valve fitted and, where necessary, protected by an approved sump; and (d) the floor of any external toilet shall be— (i) of concrete or of other approved impervious material of an approved thickness; and (ii) graded to the door or alternatively an approved outlet. (2) Toilets on premises other than a dwelling house shall be maintained in accordance with the following additional requirements— (a) a toilet for the exclusive use of males shall not adjoin any toilet for the exclusive use of females unless the toilets are separated by a wall extending from floor to ceiling and of sufficient density to blanket sound; and (b) where more than one toilet is provided on the premises, the entrance to each toilet shall bear a suitable sign indicating for which sex its use is intended. 9. Temporary Works A person who undertakes temporary work at any place shall— (a) provide and maintain for the use of persons engaged, whether as employees or as independent contractors or otherwise, one temporary approved toilet for every 20 such persons; and (b) remove the toilet at the conclusion of the work or at an earlier time in accordance with a direction from the Manager Health and Compliance, and ensure the site is left clean. 10. Maintenance of Sanitary Conveniences and Fittings (1) The occupier of premises shall— (a) keep clean, in good condition and repair; and (b) whenever required by an Environmental Health Officer, effectively disinfect and clean, all sanitary conveniences including sanitary fittings in or on the premises.

78 GOVERNMENT GAZETTE, WA 9 January 2018 (2) The owner of premises shall— (a) keep or cause to be kept in good repair; and (b) maintain an adequate supply of water to, all sanitary conveniences including sanitary fittings in or on the premises. 11. Ventilation of Toilet (1) A toilet in any premises shall be ventilated in accordance with the Sewerage (Lighting, Ventilation and Construction) Regulations 1971 and the Building Code and shall be— (a) mechanically ventilated to external air, through a fully enclosed duct at a minimum rate of 25 litres per second per fixture, but in no case less than 10 air changes per hour; or (b) naturally ventilated to the external air by the provision of— (i) fixed and permanently ventilated windows or skylights; (ii) fixed glazed louvred windows; or (iii) wall or ceiling vents, ducted as directly to the outside air as is practical and boxed throughout, situated in both the room in which the toilet is located and any adjacent airlock. (2) A mechanical ventilation system provided under sub-clause (1)(a) shall— (a) be separate and distinct from any other system of mechanical ventilation in the building; (b) be of an exhaust type; (c) where it is provided for a building of more than 2 storeys, shall have a ventilating fan and power unit in duplicate; and (d) be maintained in good working order and condition. (3) A natural ventilation system provided under sub-clause (1)(b) shall have— (a) a clear ventilation area of not less than 0.015 square metres per fixture; and (b) a window of light transmitting area equivalent to not less than ten percent of the floor area. (4) A toilet with an entrance opening from— (a) a room used for the manufacture, storage or consumption of food, (b) a room used for sleeping or other domestic activities; or (c) a room used as a work place, shall be mechanically ventilated as required by sub-clause (1)(a) and the entrance shall be fitted with a door having an efficient self closing device. 12. Public Sanitary Conveniences (1) A person shall not— (a) foul; (b) damage or vandalise; or (c) write on or otherwise deface, a public sanitary convenience or sanitary fixtures or fittings or the premises in or on which the sanitary convenience is located. (2) A person shall not live or sleep in or on the premises in which a public sanitary convenience is located or use it for a purpose other than that for which it was intended. 13. Lighting The owner and occupier of premises in which a sanitary convenience or a public sanitary convenience is located shall provide and maintain adequate electric lighting for persons using the convenience. 14. Installation (1) Every sanitary convenience shall be installed in accordance with the requirements of the Metropolitan Water Supply Sewerage and Drainage Act 1909 and shall have an adequate supply of water. (2) Every temporary sanitary convenience shall be installed in accordance with the requirements of the Health (Temporary Sanitary Conveniences) Regulations 1997. Division 2—Bathroom, Laundries and Kitchens 15. Bathrooms (1) A person shall not use or occupy, or permit to be used or occupied, a dwelling house without a bathroom that— (a) is adequately lined with an impervious material and has an adequate ceiling; (b) complies with the Health Act (Laundries and Bathrooms) Regulations; and (c) is equipped with— (i) a hand wash basin; and (ii) either a shower in a shower recess or a bath. (2) The floor of the bathroom referred to in sub-clause (1) shall be— (a) of concrete or of other approved impervious material of an approved thickness;

9 January 2018 GOVERNMENT GAZETTE, WA 79 (b) properly surfaced with an even fall to a floor waste, suitably trapped and discharging to— (i) the sewer of a licensed water service operator; or (ii) a proper discharge pipe with flap valve fitted and, where necessary, protected by an approved sump. (3) All baths, showers, hand wash basins and similar fittings shall be provided with an adequate supply of hot and cold water. 16. Laundries (1) A person shall not use or occupy, or permit to be used or occupied, a dwelling house without a laundry that— (a) is properly enclosed and roofed; (b) is adequately lined with an impervious material; (c) has a minimum floor area of 3 square metres and is constructed of concrete or other approved impervious material of an approved thickness and the minimum width of the room shall be not less than 1.5 metres; (d) is properly surfaced, with an even fall to a floor waste, suitably trapped and discharging to— (i) the sewer of a licensed water service operator; or (ii) a proper discharge pipe with flap valve fitted and, where necessary, protected by an approved sump; and (e) is not a room in which food is stored, prepared, served or consumed. (2) In the case of a single occupancy dwelling, the laundry referred to in sub-clause (1) shall have— (a) either— (i) two wash troughs and one copper; or (ii) a washing machine and either a wash trough or a sink; and (b) a clothes drying facility comprising either an electric clothes dryer or not less than 20 metres of clothes line erected externally. (3) All wash troughs, sinks and washing machines shall be— (a) in a laundry and connected to an adequate supply of hot and cold water; and (b) properly supported, and all wash troughs and sinks shall have a capacity of at least 36 litres. (4) Sole or multiple occupancy units, each being a separate dwelling, shall have— (a) laundry facilities, in accordance with the Building Code, for the exclusive use of the occupants of each unit; or (b) a separate laundry, with communal laundry facilities in accordance with the Building Code, for up to 4 sole occupancy units that do not have their own laundry facilities. (5) Where, in any building, a laundry is situated adjacent to a kitchen or a room where food is stored or consumed, the laundry shall be separated from the kitchen by a wall extending from the floor to the roof or ceiling. (6) Where there is an opening between a laundry and a kitchen or other room where food is stored or consumed, the opening shall— (a) not be more than 1220 millimetres wide; and (b) have a door which when closed shall completely fill the opening. 17. Washing or Keeping of Clothes in Kitchens A person shall not in any kitchen or other place where food is kept— (a) wash or permit to be washed any clothing or bedding; or (b) keep or permit to be kept any soiled clothing or bedding. 18. Kitchens (1) For the purpose of this Division, a “cooking facility” includes a stove, oven, facility or appliance used for or in connection with the cooking of food. (2) A person shall not use or occupy, or permit to be used or occupied, a dwelling house without a kitchen equipped with— (a) an electric, gas, wood or other stove approved by the Manager Health and Compliance; (b) an oven with a capacity of not less than 0.03 cubic metres; and (c) a sink which shall (i) be at least 380 millimetres long, 300 millimetres wide and 150 millimetres deep; and (ii) have an adequate supply of hot and cold water. (3) The occupier of a dwelling house shall ensure that the stove, oven and sink are kept clean, in good order and repair and fit for use. (4) A cooking facility shall— (a) be installed in accordance with the requirements of the electricity and gas technical and safety legislation; and (b) not be installed or used in any room other than a kitchen.

80 GOVERNMENT GAZETTE, WA 9 January 2018 (5) Mechanical extraction shall be provided in a kitchen and the exhaust air shall be— (a) carried to the outside air as directly as practicable; and (b) boxed throughout, or (c) filtered by an approved recirculating filter device. PART 3—HOUSING AND GENERAL Division 1—Maintenance of Houses 19. Dwelling House Maintenance The owner or occupier of a dwelling house shall maintain the dwelling house and any appurtenant buildings in sound condition and fit for use and, in particular, shall— (a) maintain all roofs, guttering and downpipes in sound weatherproof condition; (b) maintain any footings, foundations and walls, either external or internal, in a sound condition; (c) replace any missing, broken, decayed or termite-eaten timber or other deteriorated material in any verandah, roof, walls, steps, handrails, floors or their supports with material of sound quality; (d) comply with the directions of an Environmental Health Officer to treat the premises for the purpose of destroying any termites; (e) maintain any brick, stone, mortar or cement work in a sound condition; (f) maintain, repair or replace any flashings or ant caps which are missing or defective; (g) maintain all ventilators in good order and repair; (h) maintain all floors even and level in surface and free from cracks and gaps; (i) maintain all ceilings, internal wall finishes, skirtings, architraves and other fixtures and fittings complete and with smooth unbroken surfaces; (j) maintain all doors and windows in good working order and weatherproof condition; (k) retain all natural lighting free from any obstruction which would reduce the natural lighting, below the ratio of 10% of the floor area; (l) maintain all pipes, fittings and fixtures connected with water supply, drainage or sewerage so that they comply in all respects with the provisions of the Metropolitan Water Supply, Sewerage and Drainage Act 1909 and any other legal requirements to which they are subject; and (m) maintain all electric wiring, gas services and fittings to comply in all respects with the requirements of the electricity and gas technical and safety legislation. 20. Guttering and Downpipes 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 without overflow all rain water flowing into them and for all rain water to be effectively disposed of to the satisfaction of the Manager Health and Compliance; (b) the guttering and downpipes are fixed to the eaves of every roof of the house so that all 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 scheme; (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 rain water from any downpipe is not discharged onto any unpaved surface of land within 1.5 metres of any house. 21. Maintenance of Guttering and Downpipes and Disposal of Rain Water 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 obstruction; and (b) not permit any rain water from the premises to discharge onto or over a footpath, street or other property. Division 2—Ventilation of Houses 22. Exemption for Short Term Hostels This Division shall not apply to short term hostels referred to in Division 2 of Part 8. 23. 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

9 January 2018 GOVERNMENT GAZETTE, WA 81 (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. 24. Calculate Sufficient Space For the purpose of clause 23, 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. 25. 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 sub-clause (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/NZS3666.2: 2002; and (b) in use at all times the building is occupied. (4) If, in the opinion of the Manager Health and Compliance, 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 sub-clause (4). 26. Sub-Floor Ventilation The owner or occupier of a house shall make provision for sub-floor ventilation by ensuring that air bricks and other openings are kept clear of refuse, vegetation, building materials, dirt and the like. Division 3—Water Supply 27. Water Supply (1) The owner of a house shall ensure that it is connected with a separate and independent water supply from the mains of the licensed Water Service Operator or a water supply to the satisfaction of the local government. (2) The water supply shall at all times deliver an adequate supply of drinking water to each tap in the house or on the site on which the house is located. 28. Rain Water Tanks The owner or occupier of a house for which part of the water supply is drawn from a rain water tank shall— (a) maintain in a clean condition and free from hazardous material— (i) the roof forming the catchment for the tank; and (ii) the guttering and downpipes appurtenant to the roof; (b) ensure that each rain water tank is fitted with a tight-fitting mosquito proof cover which shall not be removed at any time except for the purpose of cleaning, repairing or maintaining the tank; (c) at least once in each year, thoroughly clean any tank the water from which is used for human consumption; (d) when directed by an Environmental Health Officer, empty, clean and disinfect any tank upon the premises, the water from which is used for human consumption. 29. Wells The owner or occupier of any premises shall not use or permit for human consumption the use of the water of any bore or well unless the bore or well is— (a) at least 30 metres from any soak well or other possible source of pollution; and (b) covered with a tight-fitting cover without openings of any sort other than those essential for the insertion of a pump. 30. Pollution A person shall not deposit on or under any land, any sewage, offensive matter or any other thing which may pollute or render unfit for human consumption, water from a well or other underground source.

82 GOVERNMENT GAZETTE, WA 9 January 2018 Division 4—Secondhand Furniture, Bedding and Clothing 31. Prohibition of Sale A person shall not offer for sale or sell any secondhand furniture, bedding or clothing which is filthy or infested with vectors of disease. 32. Prohibition of Possession A dealer in secondhand furniture, bedding or clothing shall not have on any premises used for the operation of the business any secondhand furniture, bedding or clothing which is filthy or infested with vectors of disease. Division 5—Morgues 33. Application and Licensing of Morgues (1) All morgues, other than police or public hospital morgues, are required to be licenced. (2) An application for a licence of a morgue shall be— (a) made by the applicant; (b) made in the form prescribed in Schedule 7; and (c) forwarded to the Chief Executive Officer with the fee as fixed by the local government in accordance with Section 6.16 of the Local Government Act 1995. (3) The annual fee for a licence for a place for the temporary reception and keeping of the bodies of the dead awaiting burial or cremation is fixed by the local government in accordance with Section 6.16 of the Local Government Act 1995. (4) A licence shall— (a) be in the form set out in Schedule 8; and (b) expire on 30 June next after the date of its issue. (5) A licence shall not be granted in respect of any premises unless— (a) provision has been made for the keeping of the bodies of the dead at a temperature not exceeding zero degrees Celsius; (b) the walls are constructed of stone or brickwork or other approved material; (c) the interior surface of all walls is covered with glazed tiles or is rendered impervious so as to be non-absorbent and washable; (d) all floors are constructed of some impervious material, having a fall to an outlet discharging over a trapped gully; and (e) the premises are adequately ventilated by direct communication with the outside air.

PART 4—REFUSE Division 1—Enclosures and Burning 34. Interpretation “approved enclosure” means an enclosure for the storage of receptacles which complies with clause 35; 35. Suitable Enclosure (1) An owner or occupier of premises— (a) consisting of more than 3 dwellings; or (b) used for commercial, industrial purposes, or as a food premises; shall if required by the Manager Health and Compliance provide a suitable enclosure for the storage and cleaning of receptacles on the premises. (2) An owner or occupier of premises required to provide a suitable enclosure under this Division shall keep the enclosure thoroughly clean and disinfected. (3) For the purposes of this Division, a “suitable enclosure” means an enclosure— (a) of sufficient size to accommodate all receptacles used on the premises but in any event having a floor area not less than a size approved by the Manager Health and Compliance; (b) constructed of brick, concrete, corrugated compressed fibre cement sheet or other material of suitable thickness approved by the Manager Health and Compliance; (c) having walls not less than 1.8 metres in height and having an access way of not less than 1 metre in width and fitted with a self closing gate; (d) containing a smooth and impervious floor— (i) of not less than 75 millimetres in thickness; and (ii) which is evenly graded to an approved liquid refuse disposal system; (e) which is easily accessible to allow for the removal of the receptacles; (f) provided with a ramp into the enclosure having a gradient no steeper than 1:8 unless otherwise approved by the Manager Health and Compliance;

9 January 2018 GOVERNMENT GAZETTE, WA 83 (g) provided with a tap connected to an adequate supply of water; and (h) provided with an adequate roof if required by the Manager Health and Compliance. 36. Burning Rubbish or Refuse (1) A person shall not— (a) without the written approval of the Manager Health and Compliance; and (b) except in accordance with the terms and conditions to which the approval is subject, set fire to, or cause to be set on fire, any rubbish or refuse either— (i) in any incinerator; or (ii) on the ground. (2) Subject to sub-clause (3), an approval of the Manager Health and Compliance is issued subject to the following conditions— (a) the material to be burnt— (i) does not include any plastic, rubber, food scraps, green garden cuttings or other material which may become offensive when burnt; or (ii) is of such quantity, or of such a nature, as not to be suitable for removal by the local government’s refuse collection service; (b) there is no other appropriate means of disposal; (c) burning shall not take place— (i) during any period for which an air dispersion alert has been issued by the Bureau of Meteorology; or (ii) where there is no current dispersion alert, outside the hours of 10.00am to 3.00pm; (d) an incinerator must meet the minimum standards specified in A.S.1875-1976; and (e) an incinerator unit used for fire must be located- (i) at least 3 metres from a fence or building; and (ii) in such a position so as not to create a nuisance or be offensive to other persons. (3) Subject to the Fire Rules of the Metropolitan Fire District for the current season issued by the Department of Fire and Emergency Services, the Manager Health and Compliance may grant approval to clear, by burning, fire breaks or vacant blocks of grass, straw, hay undergrowth, herbage and other similar vegetation whether alive or dead and standing or not standing. Division 2—Transport of Butchers’ Waste 37. Interpretation “butchers’ waste” includes animal skeletons, rib cages and the products of a slaughter house or boning room. 38. Restriction of Vehicles A person shall not use, for the transport of butchers’ waste- (a) a vehicle used for the transport of food or drugs; or (b) anything intended to be used for the packing or handling of food or drugs. 39. Transport of Butchers Waste (1) A person shall not transport butchers’ waste otherwise than in— (a) a compartment complying with the following specifications— (i) the floor and 4 walls to be made of sheet metal and the walls to be not less than 910 millimetres high; (ii) all joints to be welded, soldered or brazed and made water-tight; (iii) the loading doors, if any, to be water-tight and kept closed at all times except when loading; and (iv) the top to be completely covered by a tarpaulin or other impervious sheet material approved by the Manager Health and Compliance, carried over, and secured to the outside of the walls at least 300 millimetres from the top so as to keep the load out of sight of the public; or (b) a water-tight metal container fitted with a lid which can be tightly closed. (2) A person shall not transport any butchers’ waste in a vehicle unless the vehicle and its fittings, including the compartment or container referred to in this Part, are— (a) maintained in good order and condition; and (b) thoroughly cleaned at the conclusion of each day’s work. (3) A person shall not load, transport, or unload butchers’ waste in a manner that is or may be offensive due to— (a) the sight of animal skeletons, bones, offal or waste matter; (b) the odour of putrefaction, offal or waste matter; or (c) the presence of blood and particles of flesh or fat dropping onto the surface of the street pavement or ground.

84 GOVERNMENT GAZETTE, WA 9 January 2018 PART 5—NUISANCES AND GENERAL Division 1—Nuisances 40. Interpretation “fertiliser” includes manure. 41. Footpaths etc, to be kept clean An owner or occupier of premises shall keep any footpath, pavement, area or right of way immediately adjacent to the premises clear of rubbish, matter or other things coming from or belonging to the premises. 42. Escape of Smoke etc. An owner or occupier of premises shall not cause or permit the escape of smoke, dust, fumes, offensive or foul odours, liquid waste or liquid refuse from the premises in such quantity or of such a nature as to cause or to be a nuisance. 43. Public Vehicles to be kept clean The owner or person in control of a public vehicle shall— (a) maintain the vehicle at all times— (i) in a clean condition; and (ii) free from vectors of disease; and (b) whenever directed to do so by an Environmental Health Officer, thoroughly clean and disinfect the vehicle as directed. 44. Prohibition against Spitting A person shall not spit on a footpath, street or public place. 45. Transportation, Use and Storage of Offal, Blood, or other Offensive Matter (1) A person shall not transport or store offal or blood, for the purpose of being used as manure, unless it has been sterilised by steam and properly dried. (2) No person shall remove any offensive matter unless such offensive matter is carried in watertight barrels or tanks securely covered to prevent the escape of any of the contents thereof, or the emission of any offensive odour there from. (3) Every person using any tank or barrel or vehicle in the removal of any offensive matter shall keep such tank, barrel or vehicle and every vehicle used for the carriage or removal of any such matter as aforesaid in a thoroughly clean condition and in good repair. 46. Use or Storage of Fertiliser An owner or occupier of premises shall not use or keep for the purpose of use, as fertiliser any— (a) pig manure; (b) human faeces; or (c) urine. 47. Storage and Dispatch of Artificial Fertiliser An owner or occupier of premises where artificial fertiliser is stored in bulk for sale shall— (a) keep all artificial fertiliser in a building— (i) of which the walls, floors and ceilings or undersides of the roof are constructed of durable and non-absorbent materials finished internally with a smooth surface; and (ii) free from damp and properly ventilated; (b) take proper precautions to prevent the emission of dust or offensive effluvia from the building; and (c) ensure that all artificial fertiliser despatched from the premises is packed in such a manner as to prevent any nuisance arising during transit. 48. Storage of Fertiliser in a House The owner or occupier of a house where fertiliser or compost is stored or used shall— (a) prevent the escape of odours, dust or particles of fertiliser or compost; (b) treat the fertiliser or compost in such a manner as to effectively prevent it attracting or being a breeding place for flies or other vectors of disease; and (c) store only such amounts of fertiliser or compost— (i) as can be readily used within a reasonable period; or (ii) as may be directed by the Manager Health and Compliance. 49. Vehicles Used for Transporting of Animals and Birds Unless transporting a pet animal or bird— (1) No person having the control or management of any vehicle in which animals or birds are being or have been transported or confined shall allow such vehicle to stand within the district until the floor of such vehicle has been cleaned.

9 January 2018 GOVERNMENT GAZETTE, WA 85 (2) A person having the control or management of any vehicle in which any animals or birds have been transported or confined shall immediately upon the removal of any animals or birds cause such vehicle to be cleaned to the satisfaction of an Environmental Health Officer. Division 2—Keeping of Animals 50. Interpretation “small animal” includes rabbits, ferrets, guinea pigs and other domestic rodents kept as pets. 51. Cleanliness An owner or occupier of premises in or on which a dog, cat or other animal or bird is kept shall— (a) keep the premises free from excrement, filth, food waste and all other matter which is or is likely to become offensive or injurious to health or to attract rats or other vectors of disease; (b) when so directed by an Environmental Health Officer, clean and disinfect the premises; and (c) keep the premises, so far as possible, free from flies or other vectors of disease by spraying with a residual insecticide or other effective means. 52. Animal Enclosures (1) A person shall not keep or cause or permit to be kept any animals or birds on premises which are not effectively drained. (2) The owner or occupier of premises where animals or birds are kept shall, when directed by the Manager Health and Compliance, pave, grade and drain the floors of all structures and the surface of the ground of all enclosures used for the keeping of animals or birds. (3) If a structure or enclosure is used for the keeping of animals contrary to the provisions of this division, the Manager Health and Compliance may direct the owner or occupier to remove it. (4) An owner or occupier shall comply with a direction from the Manager Health and Compliance under this Division. 53. Cats (1) Subject to sub-clause (6), a person shall not, without an exemption in writing from the local government, keep more than 3 cats over the ages of 3 months on any premises within the district. (2) An owner or occupier of premises may apply in writing to the local government for exemption from the requirements of sub-clause (1). (3) The local government shall not grant an exemption under this Division unless it is satisfied that the number of cats to be kept will not be a nuisance or injurious or dangerous to health. (4) An exemption granted under this Division shall specify— (a) the owner or occupier to whom the exemption applies; (b) the premises to which the exemption applies; and (c) the maximum number of cats which may be kept on the premises. (5) A person who is granted exemption under this Division may be required by the local government to— (a) provide for each cat kept at or on the premises a properly constructed shelter with an enclosure complying with the following— (i) each shelter shall have a floor area of not less than 0.5 square metres for each cat over the age of 3 months kept or to be kept therein; and (ii) the area of the enclosure appurtenant to each shelter shall be not less than 3 times the area of the shelter— (b) a shelter or an enclosure shall be situated at a distance of not less than— (i) two metres from the boundary of any lot not owned or occupied by the person by whom the cats are kept; (ii) 10 metres from any dwelling, church schoolroom, hall or premises in which food is manufactured, packed or prepared for human consumption; (c) keep all shelters, enclosures, yards and grounds in which cats are kept in a clean condition and free from vectors of disease at all times and clean, disinfect or otherwise deal with them as directed by an Environmental Health Officer from time to time. (6) A person may keep more than 3 cats on premises used for veterinary purposes, cat management facility or as a pet shop. 54. Keeping of Small Animals (1) Subject to sub-clause (4), a person shall not, without an exemption in writing from the local government, keep more than 12 small animals over the ages of 3 months on any residential lot within the district. (2) An owner or occupier of premises may apply in writing to the local government for exemption from the requirements of sub-clause (1). (3) The local government shall not grant an exemption under this Division unless it is satisfied that the number of small animals to be kept will not be a nuisance or injurious or dangerous to health.

86 GOVERNMENT GAZETTE, WA 9 January 2018 (4) A person may keep more than 12 small animals on premises used for veterinary purposes or as a pet shop. (5) A person who keeps a small animal or permits a small animal to be kept must not permit that small animal to stray or to be at large in a street, public place or upon private property without the consent of the property owner. (6) A person who keeps a small animal or permits a small animal to be kept must ensure that the small animal is kept in a properly constructed and securely fastened structure or enclosure. 55. Slaughter of Animals (1) Subject to sub-clause (2), a person shall not slaughter any animal within the district. (2) Sub-clause (1) does not apply to euthanasia of animals by veterinarians or other duly authorised persons. 56. Disposal of Dead Animals (1) An owner or occupier of premises on which there is a dead animal shall immediately remove the carcass and arrange for its disposal at an approved disposal site. (2) An owner, or a person having the care, of any animal that dies or is killed in a public or private place shall immediately remove the carcass and arrange for its disposal at an approved disposal site. Division 3—Keeping of Large Animals 57. Interpretation “approved animal” means a horse, cow or large animal the subject of an approval by the local government under clause 58; “cow” includes an ox, calf or bull; “horse” includes an ass, mule, donkey or pony; “large animal” includes a cow, horse, pig, sheep, goat, deer, camel, llama, emu, ostrich, kangaroo and the like; “stable” means a building for the keeping, care and feeding of a horse, cow or other large animal; and “stall” means a single compartment for one horse in a stable. 58. Stables (1) An owner or occupier of premises shall not keep a horse, cow or large animal on those premises without the written approval of the local government. (2) An owner or occupier of premises who has approval to keep a horse, cow or large animal shall provide for its use a stable which shall— (a) not be situated within 15 metres of a house or other premises; (b) have a proper separate stall— (i) for each horse or cow; and (ii) the floor area of which shall be a minimum of 6 square metres; (c) have each wall and roof constructed of an impervious material; (d) have on all sides of the building between the wall and the roof a clear opening of at least 150 millimetres in height; (e) have a floor, the upper surface of which shall— (i) be raised at least 75 millimetres above the surface of the ground; (ii) be constructed of cement, concrete or other similar impervious materials; and (iii) have a fall of 1 in 100 to a drain which shall empty into a trapped gully situated outside the stable and shall discharge in a manner approved by the Manager Health and Compliance. (3) The owner or occupier of premises on which a stable is located shall— (a) maintain the stable in a clean condition and clean, wash and disinfect it when so directed by an Environmental Health Officer; (b) keep all parts of the stable so far as possible free from flies or other vectors of disease by spraying with a residual insecticide or other effective means; and (c) when so ordered by the Manager Health and Compliance, spray the stable, or such parts as may be directed, with a residual insecticide. 59. Proximity of Animals to a Dwelling House The owner or occupier of premises shall not permit an approved animal to approach within 15 metres of a dwelling house or food premises. 60. Manure Receptacle An owner or occupier of premises on which an approved animal is kept shall— (a) provide in a position convenient to the stable, a receptacle for manure, constructed of smooth, impervious, durable, easily cleansed material, provided with a tight-fitting hinged cover, and with no part of the floor lower than the surface of the adjoining ground;

9 January 2018 GOVERNMENT GAZETTE, WA 87 (b) keep the lid of the receptacle closed except when manure is being deposited or removed; (c) cause the receptacle to be emptied at least once a week and as often as may be necessary to prevent it becoming offensive or a breeding place for flies or other vectors of disease; (d) keep the receptacle so far as possible free from flies or other vectors of disease by spraying with a residual insecticide or other effective means; and (e) cause all manure produced on the premises to be collected daily and placed in the receptacle. Division 4—Keeping of Poultry, Pigeons and Miscellaneous Birds 61. Interpretation “Affiliated Person” means a person who is a member of— (a) the Pigeon Racing Federation of Western Australia; (b) the Fancy Utility Pigeon Club of Western Australia; (c) the Southern Districts Pigeon and Bantam Club; or (d) any other properly constituted Pigeon Club; “poultry” includes fowls, ducks and other domestic fowls; and “miscellaneous birds” includes all birds other than poultry and registered homing or racing pigeons. 62. Limitation on Numbers of Poultry and Pigeons (a) who is not an Affiliated Person, shall not keep a combined total of more than 12 poultry and pigeons; and (b) who is an Affiliated Person, shall not keep a total of more than 50 pigeons and 12 poultry. 63. Limitations on Numbers of Miscellaneous Birds (a) an owner or occupier shall not keep more than 20 miscellaneous birds on any premises within the district; (b) sub-clause (a) does not apply to premises used for veterinary purposes or as a pet shop; on any one lot of land. 64. Conditions for Keeping Poultry A person who keeps poultry or permits poultry to be kept shall ensure that— (a) no poultry are able to approach within 10 metres of a dwelling house, public building or premises where people are employed or where food is stored, prepared, manufactured or sold; (b) all poultry are kept in a properly constructed and securely fastened structure or enclosure which is provided with a concrete floor trowelled to a smooth finish and laid with a fall of 1 in 50 to the front; (c) the structure or enclosure is in a yard having an otherwise unobstructed area of at least 30 square metres; (d) no poultry are able to approach within 18 metres of a street other than a right of way unless, in the case of land at the junction of two or more streets, the local government has approved a lesser distance; (e) all enclosures or cages within which poultry are kept shall be maintained at all times in a clean condition and shall be disinfected or otherwise dealt with in a way as directed by an Environmental Health Officer; and (f) no poultry enclosure shall be nearer than 1 metre from any property boundary; 65. Roosters, Geese, Turkeys and Peafowls (1) An occupier of premises shall not, without the written approval of the local government, keep or permit to be kept on those premises any one or more of the following— (a) a rooster; (b) a goose or gander; (c) a turkey; or (d) a peacock or peahen. (2) The local government may upon written application, grant approval with or without conditions to the owner or occupier of premises to keep any one or more birds as specified in sub-clause (1). (3) A person who has been granted approval under this Division to keep a bird may keep the bird on the premises only while he is the occupier thereof. (4) The local government may revoke an approval granted under this Division if it is of the opinion that the keeping of the birds specified in the approval is causing a nuisance or is injurious, offensive or dangerous to health.

88 GOVERNMENT GAZETTE, WA 9 January 2018 66. Pigeons or Doves A person who keeps, or permits to be kept, pigeons or doves shall ensure that— (a) none is able to approach within 10 metres of a dwelling, public building or food premises; and (b) except where registered homing pigeons are freed for exercise, the pigeons or doves are kept in a properly constructed pigeon loft or dove cote that— (i) does not exceed 3.6 metres in height from the ground; (ii) is in a yard having an otherwise unobstructed area of at least 30 square metres; (iii) is provided with a concrete floor trowelled to a smooth finish and laid with a fall of 1 in 50 to the front; and (iv) is not nearer than 1 metre from any boundary. 67. Restrictions on Feeding of Birds A person shall not feed a pigeon or other bird, so as to cause a nuisance or be injurious or dangerous to health. 68. Removal of Non-Conforming Structure or Enclosure (1) If a structure or enclosure is used for the keeping of poultry or of pigeons or doves contrary to the provisions of clauses 64 or 66, the Manager Health and Compliance may direct the owner or occupier to remove it. (2) An owner or occupier shall comply with a direction from the Manager Health and Compliance under this Division. 69. Restrictions on Pigeon Nesting or Perching (1) The local government may order an owner or occupier of a house in or on which pigeons are, or are in the habit of, nesting or perching to take adequate steps to prevent them continuing to do so. (2) An owner or occupier shall comply with the local government order under this Division. Division 5—Car Parks 70. Interpretation “car park” means premises, or any part of premises, set aside for parking of 3 or more motor vehicles; and “occupier” means a person having the charge, management or control of a car park. 71. Ventilation (1) A person shall not use or occupy, or permit to be used or occupy, a car park unless it is ventilated by either— (a) natural ventilation; or (b) mechanical means; in accordance with AS1668.2-2002. (2) If, in the opinion of the Manager Health and Compliance, a car park is not properly ventilated, the local government may by notice require the occupier within a specified time to— (a) provide a different or additional method of ventilation; and (b) cease using the car park until it is properly ventilated. (3) An occupier shall comply with a notice under sub-clause (2). 72. Exhaust Air Discharge Points and Exhaust Registers An owner or occupier shall ensure that— (a) all exhaust air that is discharged from a car park shall be discharged at points— (i) which are constructed in accordance with AS1668.2-2002; (ii) located so that the hourly average exhaust flow rate is not reduced below the minimum requirement of AS1668.2-2002; and (iii) at a velocity and in a direction so as not to be a danger to health or a nuisance. (b) exhaust registers are located as far as possible from the source of supply air; (c) in the case of a car park having a floor level below that of the external ground level, at least 50% of the required exhaust air is drawn into exhaust registers having their bottom edge located within 100 millimetres of the floor level; and (d) any mechanical ventilation system is— (i) maintained in good working condition; and (ii) in operation at all times when the car park is in use.

9 January 2018 GOVERNMENT GAZETTE, WA 89 PART 6—PEST CONTROL Division 1—Flies 73. Interpretation “flies” means any of the two-winged insects constituting the order Diptera commonly known as flies. 74. Fly breeding matter not to be left on Premises unless Covered or Treated An owner or occupier of premises shall not place, throw or leave, or permit or cause to be placed, thrown or left, in on or about the premises any matter or thing which is liable to attract or be a breeding place for flies, unless that matter or thing is covered, protected, treated or dealt with in such a manner as to effectively prevent it from attracting or being a breeding place for flies. 75. Measures to be taken by an Occupier An owner or occupier of premises shall take reasonable steps to ensure that— (a) rubbish receptacles are kept clean and tightly sealed at all times except when refuse is being deposited or emptied; (b) food scraps and uneaten pet food are wrapped tightly and deposited in a rubbish receptacle without delay; (c) lawn clippings used on gardens as mulch are raked out thinly; (d) fertilizers are dug well into the soil; (e) compost heaps are kept well covered; (f) barbecues are kept clean and free from food scraps; (g) anything that is buried and may attract or be a breeding place for flies is covered with at least 100 millimetres of soil; and (h) excrement from pets is collected and properly disposed of without delay. 76. Officer may give Notice directing measures to be Taken Where in the opinion of an Environmental Health Officer flies are prevalent or are breeding on any premises, the Officer may give to the owner or occupier of the premises notice in writing directing him or her to take, within the time specified in the notice, such measures as in the opinion of the Officer are necessary to— (a) control the prevalence; (b) effect the eradication; or (c) effectively prevent the breeding of flies. 77. Local Government may Execute Work and Recover Costs (a) a person is required under this Division or directed by a notice given under clause 76, to the local government may execute the work and may recover from that person the cost of executing the work, in addition to any penalty for which that person may be liable under this local law. Division 2—Mosquitoes 78. Interpretation “mosquitoes” means any of the two-winged insects constituting the family Diptera Culicidae commonly known as mosquitoes. 79. Premises to be kept free of Mosquito Breeding Matter An owner or occupier of premises shall keep the premises free of— (a) refuse; and (b) water that is, or is liable to become the breeding place of mosquitoes. 80. Measures to be taken by an Owner or Occupier (a) where there is a fountain, pool, pond or excavation of any kind which contains water suitable for the breeding of mosquitoes, shall keep the water— (i) stocked with mosquito destroying fish; or (ii) covered with a film of petroleum oil or treated with other larvicide; and

90 GOVERNMENT GAZETTE, WA 9 January 2018 (b) where there is a water tank, well, cistern, vat or barrel, shall— (i) keep it protected with a mosquito-proof cover; and (ii) screen all openings, other than the delivery exit, with wire mesh having openings no larger than 1.2 millimetres. 81. Measures to be taken by Occupier An occupier of premises where water is kept in a birdbath, animal drinking vessel or other receptacle shall— (a) frequently change the water; and (b) keep the water clean and free from vegetable matter and slime. 82. Removal of Undergrowth or Vegetation (1) Where it appears to the Manager Health and Compliance that there is, on any premises, undergrowth or vegetation likely to harbour mosquitoes, he or she may direct, orally or in writing, the owner or occupier of the premises to cut down and remove within a specified time the undergrowth or vegetation. (2) An owner or occupier of premises shall comply with a direction from, and within the time allowed by, the Manager Health and Compliance under this Division. 83. Filling in Excavations etc. Unless written permission to the contrary is obtained from the local government, a person who cuts turf or removes soil or other material from any land shall forthwith ensure that each excavation is filled in with clean sound material and made level with the surrounding surface. 84. Drains, Channels and Septic Tanks An owner or occupier of land shall— (a) cause all drains and channels in or on the land to be kept in good order and free from obstruction; and (b) where a septic tank is installed on the land— (i) apply an approved larvicide according to the directions on the container, into the septic tank system, whenever directed to do so by an Environmental Health Officer; (ii) provide, and keep in sound condition at all times, wire mesh having openings no larger than 1.2 millimetres covering any inlet vent to the tank. 85. Drainage of Land An owner or occupier of land upon which there is water liable to become a breeding place for mosquitoes shall, when required by the local government, effectively drain the land and, for that purpose, shall— (a) make or provide drains on the land; (b) remove all irregularities in the surface of the land; (c) if necessary, adjust the surface of the land or raise the level of the surface in such a manner that— (i) the water on the land may flow into the drains without obstruction; and (ii) no water shall remain on any portion of the land other than the drains; and (d) keep all drains in good order and free from obstruction. 86. Officer may give Notice directing measures to be Taken Where, in the opinion of an Environmental Health Officer mosquitoes are breeding or are liable to breed on any premises, the Officer may give to the owner or occupier of the premises a notice in writing directing him or her to take, within the time specified in the notice, such measures as in the opinion of the Officer are necessary to— (a) control the prevalence; (b) effect the eradication; or (c) effectively prevent the breeding of mosquitoes. 87. Local Government may Execute Work and Recover Costs (a) a person is required under this division or directed by a notice given under clause 86, to the local government may execute the work and recover from that person the cost of executing the work, in addition to any penalty for which that person may be liable under this local law.

9 January 2018 GOVERNMENT GAZETTE, WA 91 Division 3—Rodents 88. Interpretation “rodents” means those animals belonging to the order Rodentia and includes rats and mice but does not include animals (other than rats) kept as pets in an enclosure designed for the purpose of keeping as pets, animals of that kind. 89. Measures to be taken to eradicate Rodents (1) An owner or occupier of premises shall at all times take effective measures to eradicate any rodents in or on the premises. (2) Without limiting the generality of sub-clause (1), an owner or occupier of premises, whenever there are indications of the presence of rodents in, on or about the premises, and while such indications continue, shall— (a) take effective measures to keep the premises free from rodents including— (i) protecting food stuffs; (ii) using a rodenticide bait or properly baited traps; and (iii) preventing rodents having access to water on the premises; (b) inspect daily each rodenticide bait or trap used and, whenever a rodent is found, shall— (i) if it is not already dead, kill it immediately; and (ii) dispose of the carcass in such a manner as will not create a nuisance; and (c) take whatever measures for the eradication of rodents as an Environmental Health Officer may from time to time direct. 90. Waste food etc. to be kept in rodent proof Receptacles A person shall not place or cause to be placed in or on any premises, and an owner or occupier of premises shall not permit to remain in or on the premises— (a) any waste food, refuse, or other waste matter which might attract rodents to the premises or which might afford harbourage for rodents; or (b) any food intended for birds or other animals, unless it is contained in a rodent proof receptacle or a compartment which is kept effectively protected against access by rodents. 91. Restrictions on materials affording harbourage for Rodents (1) An owner or occupier of premises shall cause— (a) any part of the premises; or (b) any material, sewer, pipe or other thing in or on the premises, that might afford access or harbourage to rodents to be altered, repaired, protected, removed or otherwise dealt with so as to prevent it being used as access for, or harbourage of, rodents. (2) An Environmental Health Officer may direct, orally or in writing, an owner or occupier of premises to take whatever action that, in the opinion of the Officer, is necessary or desirable to prevent or deter the presence of rodents in or on the premises. (3) An owner or occupier shall within the time specified comply with any direction given by an Environmental Health Officer under this Division. 92. Food premises etc. to be cleaned after Use An owner or occupier of a food premises, theatre or place of entertainment, whether indoor or outdoor, shall cause the premises to be cleaned immediately after the last occasion on which the premises have been used on that day or, if the use extends after midnight, then immediately after that use. 93. Restrictions on the Sale or Keeping of Rats (1) Subject to sub-clause (2) an owner or occupier of premises shall not, on or from those premises— (a) keep or permit to be kept a rat; or (b) sell or offer for sale or permit to be sold or offered for sale a rat. (2) Sub-clause (1) shall not prevent the keeping of rats for the purpose of scientific or medical research on premises owned or occupied by— (a) a university or school; (b) a person approved by the local government; or (c) a public hospital or a private hospital within the meaning of those expressions in the Private Hospital and Health Services Act 1927. (3) A person or body specified in sub-clause (2) which keeps rats for the purpose of scientific or medical research shall— (a) at all times ensure that all live rats are kept in the effective control of a person or in locked cages; and (b) if a rat escapes, forthwith comply with the requirements of clause 89 and ensure that all reasonable steps are taken to destroy the rat.

92 GOVERNMENT GAZETTE, WA 9 January 2018 94. Local Government may Execute Work and Recover Costs (a) a person is required under this Division or directed by a notice given under clause 91 to the local government may execute the work and recover from that person the cost of executing the work, in addition to any penalty for which that person may be liable under this local law. Division 4—Cockroaches 95. Interpretation “cockroach” means any of the various orthopterous insects commonly known as cockroaches 96. Measures to be taken to eradicate Cockroaches (1) An owner or occupier of premises shall take effective measures to eradicate any cockroaches in or on the premises. (2) Without limiting the generality of sub-clause (1), an owner or occupier of premises, whenever there are any indications of the presence of cockroaches in, on or about the premises, and while such indications continue, shall take effective measures to keep the premises free from cockroaches including— (a) washing and storing, immediately after use, cooking and eating utensils; (b) wrapping and depositing in a rubbish receptacle without delay all food scraps, uneaten pet food and garbage; (c) properly treating the premises with an insecticide, taking care not to harm the safety of humans and pets or to contaminate food or cooking or eating utensils; and (d) whenever required by an Environmental Health Officer, treating any area with baits or other methods to eradicate cockroaches. Division 5—Bee Keeping 97. Interpretation “bees” means an insect belonging to any of the various hymenopterous insects of the super family Apoidea and commonly known as a bee; and “bee hive” means a moveable or fixed structure, container or object in which a colony of bees is kept. 98. Restrictions on keeping of Bees in Hives A person shall not keep or permit the keeping of bees anywhere within the district unless approval to do so has been given by the local government. (1) The local government may direct any person to remove any bees or approved beehives which in the opinion of the Manager Health and Compliance are causing a nuisance. (2) A person shall comply with a direction within the time specified. Division 6—Arthropod Vectors of Disease 99. Interpretation “Arthropod vectors of disease” includes— (a) fleas (Siphonaptera); (b) bedbugs (Cimex lectularius); (c) crab lice (Phthirius pubis); (d) body lice (Pediculus humanus var. corporis); (e) head lice (Pediculus humanus var. capitis); and (f) any other insect prescribed by the Executive Director, Public Health. 100. Responsibility of the Owner or Occupier The owner or occupier of premises shall— (a) keep the premises and any person residing in or on the premises free from any arthropod vectors of disease; and (b) comply with the direction of an Environmental Health Officer to treat the premises, or anything on the premises, for the purpose of destroying any arthropod vectors of disease.

9 January 2018 GOVERNMENT GAZETTE, WA 93 PART 7—INFECTIOUS DISEASES Division 1—General Provisions 101. Requirements on owner or occupier to clean, disinfect and disinfest (1) The local government or the Manager Health and Compliance may, by notice in writing, direct an owner or occupier of premises, within the time and in the manner specified in the notice, to clean, disinfect and disinfest— (a) the premises; or (b) such things in or on the premises as are specified in the notice, or both, to the satisfaction of an Environmental Health Officer. (2) An owner or occupier shall comply with a notice given under sub-clause (1). 102. Environmental Health Officer may disinfect or disinfest premises (1) Where the local government or the Medical Officer is satisfied that any case of infectious disease has occurred on any premises, the local government or the Medical Officer may direct an Environmental Health Officer, other local government officer or other person to disinfect and disinfest the premises or any part of the premises and anything in or on the premises. (2) An owner or occupier of premises shall permit, and provide access to enable, an Environmental Health Officer, other local government officer or other person to carry out the direction given under (3) The local government may recover, in a court of competent jurisdiction, the cost of carrying out the work under this Division from the owner or occupier of the premises in or on which the work was carried out. (4) The local government shall not be liable to pay compensation or damages of any kind to the owner or occupier of premises in relation to any action taken by the local government or any of its staff or employees under this Division. 103. Insanitary houses, premises and things (1) An owner or occupier of any house or premises shall maintain the house or premises free from any insanitary condition or thing. (2) Where the local government considers that a house is insanitary, it may, by notice in writing, direct an owner of the house, within the time and in the manner specified in the notice, to destroy or amend the house. (3) Where an Environmental Health Officer considers that— (a) a house or premises is not being maintained in a sanitary condition; or (b) any thing is insanitary, the officer may, by notice in writing, direct, as the case may be— (i) the owner or occupier of the house or premises to amend any insanitary condition; or (ii) the owner or occupier of the thing to destroy or amend it, within the time and in the manner specified in the notice. (4) A person to whom a notice has been given under sub-clauses (2) or (3) shall comply with the terms of the notice. 104. Medical Officer may authorise disinfecting (1) Where the Medical Officer believes that a person is or may be infected by an infectious disease, the Officer may direct the person to have his or her body, clothing and effects disinfected at a place and in a manner directed by the Medical Officer. (2) A person shall comply with any direction of the Medical Officer under this Division. 105. Persons in contact with an infectious disease sufferer If a person in any house is, or is suspected of, suffering from an infectious disease, any occupant of the house or any person who enters or leaves the house— (a) shall obey such instructions or directions as the local government or the Medical Officer may issue; (b) may be removed, at the direction of the local government or the Medical Officer to isolation in an appropriate place to prevent or minimise the risk of the infection spreading and if so removed, shall remain in that place until the Medical Officer otherwise directs. 106. Declaration of infected house or premises (1) To prevent or check the spread of infectious disease, the local government or the Medical Officer may from time to time declare any house or premises to be infected. (2) A person shall not enter or leave any house or premises declared to be infected without the written consent of the Medical Officer or the Manager Health and Compliance. 107. Destruction of infected animals (1) The Manager Health and Compliance, upon being satisfied that an animal is or may be infected or is liable to be infected with an infectious disease or to convey infection may, by notice in writing,

94 GOVERNMENT GAZETTE, WA 9 January 2018 direct that the animal be examined by a registered veterinary officer and all steps taken to enable the condition to be controlled or eradicated or the animal destroyed and disposed of— (a) in the manner and within the time specified in the notice; and (b) by the person in whose possession, or upon whose premises, the animal is located. (2) A person who has in his or her possession or upon premises occupied by him or her, an animal which is the subject of a notice under sub-clause (1) shall comply with the terms of the notice. 108. Disposal of a body (1) An occupier of premises in or on which is located the body of a person who has died of an infectious disease shall, subject to sub-clause (2), cause the body to be buried or disposed of in such manner, within such time and with such precautions as may be directed by the Medical Officer. (2) A body shall not be removed from premises where death occurred except to a cemetery or morgue. 109. Local Government may carry out work and recover costs (a) a person is required under this Division or by a notice given under this Division, to carry out any work; and that person commits an offence and the local government may carry out the work or arrange for the work to be carried out by another. (2) The costs and expenses incurred by the local government in the execution of a power under this Division may be recovered in a court of competent jurisdiction from the person referred to in sub-clause (1)(a). referred to in sub-clause (1)(a) in relation to any action taken by the local government under this Division 2—Disposal of used condoms and needles 110. Disposal of used condoms (1) An occupier of premises on or from which used condoms are produced shall ensure that the condoms are— (a) placed in a sealed impervious container and disposed of in a sanitary manner; or (b) disposed of in such a manner as may be directed by the Manager Health and Compliance. (2) A person shall not dispose of a used condom in a public place except in accordance with 111. Disposal of used needles A person shall not dispose of a used hypodermic syringe or needle in a public place unless it is placed in an impenetrable, leak-proof container and deposited in a refuse receptacle. PART 8—LODGING HOUSES Division 1—Registration 112. Interpretation (1) In this Part, unless the context otherwise requires— “bed” means a single sleeping berth only. A double bed provided for the use of couples, shall have the same floor space requirements as two single beds; “bunk” means a sleeping berth comprising one of two arranged vertically; “dormitory” means a building or room utilised for sleeping purposes at a short term hostel; “keeper” means a person whose name appears on the register of keepers, in respect of a lodging house, as the keeper of that lodging house; “lodger” means a person who obtains, for hire or reward, board or lodging in a lodging house; “lodging house” includes a serviced apartment and a short term hostel; “manager” means a person duly appointed by the keeper in accordance with this Division to reside in, and have the care and management of, a lodging house; “register of lodgers” means the register kept in accordance with Section 157 of the Act and this Part; “resident” means a person, other than a lodger, who resides in a lodging house; “serviced apartment” means a lodging house in which each sleeping apartment, or group of sleeping apartments in common occupancy, is provided with its own sanitary conveniences and may have its own cooking facilities; and “short term hostel” means a lodging house where the period of occupancy of any lodger is not more than 14 consecutive days and shall include youth hostels and backpacker hostels. (2) Where in this Part an act is required to be done or forbidden to be done in relation to any lodging house, the keeper of the lodging house has, unless the contrary intention appears, the duty of causing to be done the act so required to be done, or of preventing from being done the act so forbidden to be done, as the case may be.

9 January 2018 GOVERNMENT GAZETTE, WA 95 113. Lodging House not to be kept unless registered A person shall not keep or cause, suffer or permit to be kept a lodging house unless— (a) the lodging house is constructed in accordance with the requirements of this Part; (b) the lodging house is registered by the local government under clause 115; (c) the name of the person keeping or proposing to keep the lodging house is entered in the register of keepers; and (d) either— (i) the keeper; or (ii) a manager who, with the written approval of the Chief Executive Officer, has been appointed by the keeper to have the care and management of the lodging house, resides or intends to reside continuously in the lodging house whenever there is one or more lodgers in the lodging house. 114. Application for registration An application for registration of a lodging house shall be— (a) in the form prescribed in Schedule 1; (b) duly completed and signed by the proposed keeper; and (c) accompanied by— (i) the fee as fixed by the local government in accordance with Section 6.16 of the Local Government Act 1995; and (ii) detailed plans and specifications of the lodging house. 115. Approval of application The local government may approve, with or without conditions, an application under clause 114 by issuing to the applicant a certificate in the form of Schedule 2. 116. Renewal of registration A person who keeps a lodging house which is registered under this Part shall— (a) during the month of December in each year apply to the local government for the renewal of the registration of the lodging house; and (b) pay the fee as fixed by the local government in accordance with Section 6.16 of the Local Government Act 1995 at the time of making each application for renewal. 117. Notification upon sale or transfer If the owner of a lodging house sells or transfers or agrees to sell or transfer the lodging house to another person, he or she shall, within 14 days of the date of sale, transfer or agreement, give to the Chief Executive Officer, in the form of Schedule 3 written notice of the full name, address and occupation of the person to whom the lodging house has been, or is to be, sold or transferred. 118. Revocation of registration (1) Subject to sub-clause (3), the local government may, at any time, revoke the registration of a lodging house for any reason which, in the opinion of the local government, justifies the revocation. (2) Without limiting the generality of sub-clause (1), the local government may revoke a registration upon any one or more of the following grounds— (a) that the lodging house has not, to the satisfaction of local government, been kept free from vectors of disease or in a clean, wholesome and sanitary condition; (b) that the keeper has— (i) been convicted of an offence against this local law in respect of the lodging house; (ii) not complied with a requirement of this Part; or (iii) not complied with a condition of registration. (c) that the local government, having regard to a report from the Police Service, is satisfied that the keeper or manager is not a fit and proper person; and (d) that, by reason of alterations or additions or neglect to repair and renovate, the condition of the lodging house is such as to render it, in the opinion of the Manager Health and Compliance, unfit to remain registered. (3) Before revoking the registration of a lodging house under this Division, the local government shall give notice to the keeper requiring him or her, within a time specified in the notice, to show cause why the registration should not be revoked. (4) Whenever the local government revokes the registration of a lodging house, it shall give the keeper notice of the revocation and the registration shall be revoked as from the date on which the notice is served on the keeper. Division 2—Construction and Use Requirements 119. General Construction Requirements The general construction requirements of a lodging house shall comply with the Building Code.

96 GOVERNMENT GAZETTE, WA 9 January 2018 120. Sanitary conveniences (1) A keeper shall maintain in good working order and condition and in convenient positions on the premises— (a) toilets; and (b) bathrooms, each fitted with a hand wash basin and either a shower or a bath, in accordance with the requirements of the Building Code. (2) A bathroom or toilet which is used as a private bathroom or toilet to the exclusion of other lodgers or residents shall not be counted for the purposes of sub-clause (1). (3) Each bath, shower and hand wash basin shall be provided with an adequate supply of hot and cold water. (4) The walls of each shower and bath shall be of an impervious material to a minimum height of 1.8 metres above the floor level. (5) Each toilet and bathroom shall— (a) be so situated, separated and screened as to ensure privacy; (b) be apportioned to each sex; (c) have a distinct sign displayed in a prominent position denoting the sex for which the toilet or bathroom is provided; and (d) be provided with adequate electric lighting. (6) Paragraphs (b) and (c) of sub-clause (5) do not apply to a serviced apartment. 121. Laundry (1) A keeper shall— (a) subject to sub-clause (2), provide on the premises for the use of each 15 lodgers, a laundry in accordance with the requirements of clause 16 of this local law; (b) at all times maintain each laundry in a proper sanitary condition and in good repair; (c) provide an adequate supply of hot and cold water to each wash trough, sink, copper and washing machine; and (d) ensure that the floor area of each laundry is properly surfaced with an even fall to a floor waste. (2) The Manager Health and Compliance may approve the provision of a reduced number of laundry units if suitable equipment of a commercial type is installed. 122. Kitchen The keeper of a lodging house shall provide in that lodging house a kitchen which— (a) complies with the requirements of Standard 3.2.3 of the Food Standards Code; and (b) has a kitchen floor area of not less than 16 square metres. 123. Cooking Facilities (1) The keeper of a lodging house where lodgers prepare their own meals shall provide a kitchen with electrical, gas or other stoves and ovens approved by the Manager Health and Compliance in accordance with the following table— No. of Lodgers Ovens 4 Burner Stoves 1-15 1 1 16-30 1 2 31-45 2 3 46-50 2 4 Over 60 2 4 + 1 for each additional 15 lodgers (or part thereof) over 60 (2) The keeper of a lodging house where meals are provided by the keeper or manager shall provide a kitchen with cooking appliances of a number and type approved by the Manager Health and Compliance. 124. Dining Room The keeper of a lodging house shall provide in that lodging house a dining room— (a) located in close proximity to, or combined with, the kitchen; (b) the floor area of which shall be 0.6 square metres per person or not less than 10 square metres whichever is the greater; and (c) which shall be— (i) adequately furnished to accommodate, at any one time, at least half of the number of lodgers; and (ii) provided with a suitable floor covering.

9 January 2018 GOVERNMENT GAZETTE, WA 97 125. Lounge Room The keeper of a lodging house shall provide in that lodging house a lounge room— (a) with a floor area— (i) where the lounge is not combined with the dining room—not less than 0.6 square metres per person; (ii) where the lounge room is combined with a dining room—not less than 1.2 square metres per person, but in either case having a minimum of 13 square metres; and (b) which shall be— (i) adequately furnished to accommodate, at any one time, half of the number of lodgers; and (ii) provided with a suitable floor covering. 126. Fire prevention and control A keeper shall— (a) in each passage in the lodging house provide emergency lights— (i) in such a position and of such a pattern, as approved by the Manager Health and Compliance; and (ii) which shall be kept separate from the general lighting system and kept illuminated during the hours of darkness; (b) provide an approved fire blanket positioned within 2 metres of the cooking area in each kitchen; (c) ensure that each fire fighting appliance is clearly visible, accessible and maintained in good working order at all times; (d) provide fire-extinguishing appliances of the number and pattern, and situated in such a position as the local government may direct; (e) ensure all buildings are fitted with fire protection equipment as advised by the Department of Fire and Emergency Services and approved by the local government; and (f) ensure all fire fighting equipment, exit signs, emergency lights and fire detection and alarm systems are adequately maintained at all times in such a condition as will enable their proper performance. 127. Obstruction of passages and stairways A keeper shall not cause, suffer or permit furniture, fittings or other things to be placed either temporarily or permanently in or on— (a) a stairway, stair landing, fire-escape, window or common passageway; or (b) part of the lodging house in common use or intended or adapted for common use, in such a manner as to form an obstruction to the free passage of lodgers, residents or persons in or occupying the lodging house. 128. Fitting of locks A person shall not fit, or cause or permit to be fitted, to an exit door a lock or other device which prevents the door being opened from within a lodging house. 129. Restriction on use of rooms for sleeping (1) Subject to sub-clause (3) and clause 143, a keeper shall not use or permit to be used as a sleeping apartment a room in a lodging house— (a) which contains food; (b) which contains or is fitted with a cooking appliance or kitchen sink; (c) which is used as a kitchen, scullery, store room, dining room, general sitting room or lounge room or for the preparation or storage of food; (d) which is not reasonably accessible without passing through a sleeping or other room in the private occupation of another person; (e) which, except in the case of a short term hostel, contains less than 5.5 square metres of clear space for each lodger occupying the room; (f) which is naturally illuminated by windows having a ratio of less than 0.1 square metre of unobstructed glass to every 1.0 square metre of floor area; (g) which is ventilated at a ratio of less than 0.5 square metres of unobstructed ventilating area to every 10 square metres of floor area; (h) in which the lighting or ventilation referred to in paragraphs (f) and (g) is obstructed or is not in good and efficient order; (i) which is not free from internal dampness; (j) of which any part of the floor is below the level of the adjoining ground; or (k) the floor of which is not fitted with an approved carpet or vinyl floor covering or other floor treatment approved by the Manager Health and Compliance.

98 GOVERNMENT GAZETTE, WA 9 January 2018 (2) For the purposes of this Division, two children under the age of 10 years shall be counted as one lodger. (3) Paragraphs (a), (b) and (c) of sub-clause (1) shall not apply to a serviced apartment. 130. Sleeping Accommodation Short Term Hostel (1) A keeper of a short term hostel shall provide— (a) clear floor space of not less than (i) 4 square metres per person in each dormitory utilising beds; (ii) 2.5 square metres per person in dormitories utilising bunks. (b) a ceiling with a minimum height of 2.4 metres in any dormitory utilising beds and 2.7 metres in any dormitory utilising bunks. (c) either— (i) fixed outlet ventilation at a ratio of 0.15 square metres to each 10 square metres of floor area of the dormitories. Dormitories shall be provided with direct ventilation to the open air from a point within 230 millimetres of the ceiling level through a fixed open window or vents, carried as direct to the open air as is practicable; or (ii) mechanical ventilation in lieu of fixed ventilation, subject to the local government’s approval. (d) beds with a minimum size of 800 millimetres x 1.9 metres; (e) storage space for personal effects, including backpacks, so that cleaning operations are not hindered and access spaces are not obstructed. (2) The minimum floor area requirements in sub-clause (1) will onlyapply if there is ventilation, separation distances, fire egress andother safety requirements in accordance with the Building Code. (3) The keeper of any short term hostel shall— (a) ensure that at all times a minimum distance of 750 millimetres between beds and a minimum distance of 900 millimetres between bunks is maintained; (b) ensure that where bed or bunk heads are placed against the wall on either side of a dormitory, there is a passageway of at least 1.35 metres between each row of beds and a passageway of at least 2 metres between each row of bunks. The passageway shall be kept clear of obstruction at all times; (c) ensure all doors, windows and ventilators are kept free of obstruction. (4) The keeper shall ensure that— (a) materials used in dormitory areas comply with AS1530.2-1993 and AS/NZS1530.3: 1999 as follows— drapes, curtains, blinds and bed covers — a maximum Flammability Index of 6; upholstery and bedding —a maximum Spread of Flame Index of 6; —a maximum Smoke Developed Index of 5; floor coverings —a maximum Spread of Flame Index of 7. —a maximum Smoke Developed Index of 5; Fire retardant coatings used to make a material comply with these indices must be— (i) certified by the manufacturer as approved for use with the fabric to achieve the required indices; and (ii) certified by the manufacturer to retain its fire retardancy effect after a minimum of 5 commercial dry cleaning or laundering operations carried out in accordance with AS2001.5.4-2005, Procedure 7A, using ECE reference detergent; and (iii) certified by the applicator as having been carried out in accordance with the manufacturer’s specifications of the product, (b) emergency lighting is provided in accordance with the Building Code of Australia; (c) a lodger or other person does not smoke in any dormitory, kitchen, dining room, or other enclosed public place, within a short term hostel or recreational campsite; and (d) the keeper of any short term hostel shall ensure all mattresses are fitted with a mattress protector. 131. Furnishing etc. of sleeping apartments (1) A keeper shall— (a) furnish each sleeping apartment with a sufficient number of beds and sufficient bedding of good quality; (b) ensure that each bed— (i) has a bed head, mattress and pillow; and (ii) is provided with a pillow case, mattress cover, two sheets, a blanket or rug and, from the 1st day of May to the 30th day of September, not less than one additional blanket or rug; and (c) furnish each bedroom so that there are adequate storage facilities for belongings within the room.

9 January 2018 GOVERNMENT GAZETTE, WA 99 (2) A keeper shall not cause, suffer or permit any tiered beds or bunks to be used in a sleeping apartment other than in a lodging house used exclusively as a short term hostel; (3) The sheets and blankets required to be provided under subclause (1)(b)(ii), shall be deemed to have been provided by the keeper, where the keeper offers them to the lodgers. In such circumstances, each lodger must either provide his or her own clean sheets or hire them from the keeper. (4) In a short term accommodation hostel or recreational campsite, the storage facilities required by sub-clause (1)(c) may be located in a separate secure storage room or locker. 132. Ventilation (1) If, in the opinion of an Environmental Health Officer, a kitchen, bathroom, toilet, laundry or habitable room is not adequately or properly ventilated, he or she may direct the keeper to provide a different or additional method of ventilation. (2) The keeper shall comply with any direction given under sub-clause (1) within such time as directed. 133. Numbers to be placed on Doors (1) A keeper shall place or cause to be placed on the outside of the doors of all rooms available to lodgers in the lodging house, serial numbers so that— (a) the number “1” is placed on the outside of the door of the room nearest to the front or main entry door of the lodging house; and (b) the numbers continue in sequence throughout each floor (if there is more than one) of the lodging house. (2) The numbers to be placed on the doors under sub-clause (1) shall be— (a) not less than 40 millimetres in height; (b) 1.5 metres from the floor; and (c) permanently fixed either by being painted on the doors or shown by other legible means. Division 3—Management and Care 134. Keeper or manager to reside in the lodging house Whenever there is one or more lodgers in a lodging house, a keeper or manager shall— (a) reside continuously in the lodging house; and (b) not be absent from the lodging house unless he or she arranges for a reputable person to have the care and management of the lodging house. 135. Register of lodgers (1) A keeper shall keep a register of lodgers in the form of Schedule 4. (2) The register of lodgers shall be— (a) kept in the lodging house; and (b) open to inspection at any time on demand by any member of the Police Service or by an Environmental Health Officer. 136. Keeper report A keeper shall, whenever required by the local government, report to the local government, in the form of Schedule 5, the name of each lodger who lodged in the lodging house during the preceding day or night. 137. Certificate in respect of sleeping accommodation (1) An Environmental Health Officer may issue to a keeper a certificate, in respect of each room, which shall be in the form of Schedule 6. (2) The certificate issued under sub-clause (1) shall specify the maximum number of persons who shall be permitted to occupy each room as a sleeping apartment at any one time. (3) When required by an Environmental Health Officer, a keeper shall exhibit the certificate issued under this Division in a conspicuous place. (4) A person shall not cause, suffer or permit a greater number of persons than is specified on a certificate issued under this Division to occupy the room to which it refers. 138. Duplicate keys and inspection Each keeper and manager of a lodging house shall— (a) retain possession of a duplicate key to the door of each room; and (b) when required by an Environmental Health Officer, open the door of any room for the purposes of inspection by the Officer. 139. Room occupancy (1) A keeper shall not— (a) cause, suffer or permit more than the maximum number of persons permitted by the Certificate of Registration of the lodging house to be lodged at any one time in the lodging house;

100 GOVERNMENT GAZETTE, WA 9 January 2018 (b) cause, suffer or permit to be placed or kept in any sleeping apartments— (i) a larger number of beds; or (ii) a larger quantity of bedding, than is required to accommodate and provide for the maximum number of persons permitted to occupy the sleeping apartment at any one time; and (c) use or cause, suffer or permit to be used for sleeping purposes a room that— (i) has not been certified for that purpose; and (ii) the Manager Health and Compliance or the Medical Officer has forbidden to be used as a sleeping apartment. (2) For the purpose of this Division, two children under 10 years of age shall be counted as one lodger. 140. Maintenance of a room by a lodger or resident (1) A keeper may permit, or contract with, a lodger or resident to service, clean or maintain the room or rooms occupied by the lodger or resident. (2) Where permission is given or a contract entered into under sub-clause (1), the keeper shall— (a) inspect each room the subject of the permission or agreement at least once a week; and (b) ensure that each room is being maintained in a clean and sanitary condition. (3) A lodger or resident who contracts with a keeper to service, clean or maintain a room occupied by him or her, shall maintain the room in a clean and sanitary condition. 141. Cleaning and maintenance requirements (1) In this Division— “bed linen” includes sheets, pillow cases and mattress covers. (2) A keeper of a lodging house shall— (a) maintain in a clean, sound and undamaged condition- (i) the floor, walls, ceilings, woodwork and painted surfaces; (ii) the floor coverings and window treatments; and (iii) the toilet seats; (b) maintain in a clean condition and in good working order— (i) all fixtures and fittings; and (ii) windows, doors and door furniture; (c) ensure that the internal walls of each bathroom and toilet are painted so as to maintain a smooth impervious washable surface; (d) ensure that the laundry floor is cleaned daily; (e) ensure that— (i) all bed linen, towels, and house linen in use is washed at least once a week; (ii) within a reasonable time of a bed having been vacated by a lodger or resident, the bed linen is removed and washed; (iii) a person does not occupy a bed which has been used by another person unless the bed has been provided with clean bed linen; (iv) all beds, bedsteads, blankets, rugs, covers, bed linen, towels and house linen are kept clean, in good repair and free from vectors of disease; (v) when any vectors of disease are found in a bed, furniture, room or sleeping apartment, that immediate effective action is taken to eradicate the vectors of disease; and (vi) a room which is not free from vectors of disease is not used as a sleeping apartment; (f) when so directed by the Manager Health and Compliance, ensure that— (i) a room, together with its contents, and any other part of the lodging house, is cleaned and disinfected; and (ii) a bed or other article of furniture is removed from the lodging house and properly disposed of; (g) ensure that the yard is kept clean at all times; (h) provide all bedrooms, passages, common areas, toilets, bathrooms and laundries with adequate lighting; and (i) comply with any direction, whether orally or in writing, given by the Manager Health and Compliance or an Environmental Health Officer. 142. Responsibilities of lodgers and residents A lodger or resident shall not— (a) use any room available to lodgers— (i) as a shop, store or factory; or (ii) for manufacturing or trading services; (b) keep or store in or on the lodging house any goods or materials which are inflammable or offensive;

9 January 2018 GOVERNMENT GAZETTE, WA 101 (c) use a bath or hand wash basin other than for ablutionary purposes; (d) use a bathroom facility or fitting for laundry purposes; (e) use a sink installed in a kitchen or scullery for any purpose other than the washing and cleaning of cooking and eating utensils, other kitchenware and culinary purposes; (f) deposit rubbish or waste food other than into a proper rubbish receptacle; (g) in a kitchen or other place where food is kept— (i) wash or permit the washing of clothing or bedding; or (ii) keep or permit to be kept any soiled clothing or bedding; (h) subject to clause 143— (i) keep, store, prepare or cook food in any sleeping apartment; or (ii) unless sick or invalid and unable to leave a sleeping apartment for that reason, use a sleeping apartment for dining purposes; (i) place or keep, in any part of a lodging house, any luggage, clothing, bedding, or furniture that is infested with vectors of disease; (j) store or keep such a quantity of furniture, material or goods within the lodging house— (i) in any kitchen, living or sleeping apartment so as to prevent the cleaning of the floors, walls, fittings or fixtures; or (ii) in a sleeping apartment so as to decrease the air space to less than the minimum required by this Part; (k) obstruct or prevent the keeper or manager from inspecting or examining the room or rooms occupied by the lodger or resident; and (l) fix any fastener or change any lock to a door or room without the written approval of the keeper. 143. Approval for storage of food (1) The Manager Health and Compliance may— (a) upon written application from a keeper, approve the storage of food within a refrigerator or sealed container in a sleeping apartment; and (b) withdraw the approval if a nuisance or vector of disease infestation is found to exist in the lodging house. (2) The keeper of a serviced apartment may permit the storage and consumption of food within that apartment if suitable storage and dining facilities are provided. PART 9—OFFENSIVE TRADES Division 1—General 144. Interpretation In this Part, unless the context otherwise requires— “occupier” in relation to premises includes the person registered as the occupier of the premises specified in the Certificate of Registration; “offensive trade” means any one or more of the trades, businesses or occupations usually carried on, in or connected with, the following works or establishments— (a) fish processing premises, fish curing premises and shellfish and crustacean processing establishments; (b) laundries, dry cleaning premises and dye works; (c) any trade as defined by Section 186 of the Act; and “premises” includes houses of premises for offensive trade. 145. Consent to Establish an Offensive Trade (1) A person seeking the consent of the local government under Section 187 of the Act to establish an offensive trade shall— (a) advertise notice of his intention to apply for consent in accordance with clause 146; and (b) lodge with the Chief Executive Officer an application in the form of Schedule 9. (2) A person who makes a false statement in an application under this Division shall be guilty of an offence. 146. Notice of Application A notice required under sub-clause 145(1)(a) shall— (a) contain the name and address of the person who intends to make the application; (b) contain a description of the nature of the offensive trade; (c) contain details of the premises in or upon which it is proposed to carry on the proposed trade; and (d) appear in a Perth daily newspaper at least two weeks but not more than one month before the application under sub-clause 145(1)(b) is lodged with the Chief Executive Officer.

102 GOVERNMENT GAZETTE, WA 9 January 2018 147. Registration of Premises An application for the registration of premises pursuant to Section 191 of the Act shall be— (a) in the form of Schedule 10; (b) accompanied by the fee prescribed in the Health (Offensive Trades Fees) Regulations 1976 as amended from time to time; and (c) lodged with the Chief Executive Officer. 148. Certificate of Registration Upon the registration of premises for the carrying on of an offensive trade, the local government shall issue to the applicant a certificate in the form of Schedule 11. 149. Change of Occupier Where there is a change of occupier of the premises registered pursuant to this Division, the new occupier shall forthwith notify the Chief Executive Officer in writing of such change. 150. Alterations to Premises While any premises remain registered under this Division, a person shall not, without the written permission of the local government, make or permit any change or alteration whatever to the premises other than minor repairs. Division 2—General Duties of an Occupier 151. Interpretation “occupier” means the occupier, or where there is more than one occupier, each of the occupiers of the premises in or upon which an offensive trade is carried on; and “the premises” means those premises in or upon which an offensive trade is carried on. 152. Cleanliness (a) keep or cause to be kept in a clean and sanitary condition and in a state of good repair the floors, walls and ceilings and all other portions of the premises; (b) keep or cause to be kept in a clean and sanitary condition and in a state of good repair all fittings, fixtures, appliances, machinery, implements, shelves, counters, tables, benches, bins, cabinets, sinks, drain boards, drains, grease traps, tubs, vessels and other things used on or in connection with the premises; (c) keep the premises free from any unwholesome or offensive odour arising from the premises; (d) maintain in a clean and tidy condition all yards, footpaths, passage ways, paved areas, stores or outbuildings used in connection with the premises; and (e) clean daily and at all times keep and maintain all sanitary conveniences and all sanitary fittings and grease traps on the premises in a clean and sanitary condition. 153. Rats and other Vectors of Disease (a) ensure that the premises are kept free from rodents, cockroaches, flies and other vectors of disease; and (b) provide in and on the premises all effective means and methods for the eradication and prevention of rodents, cockroaches, flies and other vectors of disease. 154. Sanitary Conveniences and Hand wash basins The occupier shall provide on the premises in an approved position sufficient sanitary conveniences and hand wash basins, each with an adequate supply of hot and cold water for use by employees and by all other persons lawfully upon the premises. 155. Painting of Walls etc. The occupier shall cause the internal surface of every wall, the underside of every ceiling or roof and all fittings as may be directed in and on the premises to be cleaned and painted when instructed by an Environmental Health Officer. 156. Effluvia, Vapours or Gases The occupier shall provide, use and maintain in a state of good repair and working order, appliances capable of effectively destroying or of rendering harmless all offensive effluvia, vapours or gases arising in any process of the occupier’s business or from any material, residue or other substance which may be kept or stored upon the premises. 157. Offensive Material (a) provide on the premises impervious receptacles of sufficient capacity to receive all offensive material and trade refuse produced upon the premises in any one day; (b) keep the air tight covers on the receptacles, except when it is necessary to place something in or remove something from them;

9 January 2018 GOVERNMENT GAZETTE, WA 103 (c) cause all offensive material and trade refuse to be placed immediately in the receptacles; (d) cause the contents of the receptacles to be removed from the premises at least once in every working day and at such more frequent intervals as may be approved or directed by the Manager Health and Compliance or whenever so directed by an Environmental Health Officer; and (e) cause all receptacles after being emptied to be cleaned immediately with an efficient disinfectant. 158. Storage of Materials The occupier shall cause all material on the premises to be stored so as not to be offensive or injurious to health whether by smell or otherwise and so as to prevent the creation of a nuisance. 159. Specified Offensive Trades (1) For the purposes of this Division, “specified offensive trade” means one or more of the offensive trades carried on, in or connected with the following works or premises— (a) fish processing premises, fish curing premises and shellfish and crustacean processing establishments; and (b) laundries, dry cleaning premises and dye works. (2) Where premises are used for or in relation to a specified offensive trade, the occupier shall— (a) cause the floor of the premises to— (i) be properly paved and drained with impervious materials; (ii) have a smooth surface; and (iii) have a fall to a bucket trap or spoon drain in such a way that all liquids falling on the floor shall be conducted by the trap or drain to a drain inlet situated inside the building where the floor is situated; (b) cause the angles formed by the walls with any other wall, and by the wall with the floor, to be coved to a radius of not less than 9.5 millimetres; and (c) cause all liquid refuse to be— (i) cooled to a temperature not exceeding 26 degrees Celsius and in accordance with the Metropolitan Water Supply, Sewerage and Drainage Board Local Laws 1981 before being discharged into any drain outlet from any part of the premises; and (ii) directed through such screening or purifying treatment as the Manager Health and Compliance may from time to time direct. 160. Directions (1) The Manager Health and Compliance may give to the occupier directions to prevent or diminish the offensiveness of a trade or to safeguard the public health. (2) The occupier shall comply with any directions given under this Division. 161. Other Duties of Occupier In addition to the requirements of this Division, the occupier shall comply with all other requirements of this Part that apply to the particular offensive trade or trades carried on by the occupier. Division 3—Fish Premises 162. Interpretation “appliance” includes a utensil, an instrument, a cover, a container or apparatus; “fish” means fresh fish, frozen fish, chilled fish and cooked fish, whether cleaned, uncleaned or part cleaned and includes crustaceans and molluscs, but does not include— (a) fish which has been cured, preserved, hermetically canned or treated to prevent putrefaction; or (b) cleaned fish supplied in cartons or packets by a packer and sold in such cartons or packets if they are at all times kept in a deep freeze refrigeration unit at a temperature not exceeding minus 15 degrees Celsius; “fish curing” means the process where fish may be part cleaned, scaled, or cut up for preservation by salting, drying, smoking or other means; “fish processing” means a process whereby fish are cleaned, part cleaned, scaled or cut up; “fish premises” may include a fish processing establishment, fish curing establishment and a shellfish and crustacean processing establishment; “fish transport vehicle” includes— (a) an appliance attached to, carried in or used in connection with a vehicle; and (b) a trailer and a portable box, used or designed to be used for the transport or storage of fish; and “portable box” means a box for the transport or storage of fish and includes a fish transport vehicle.

104 GOVERNMENT GAZETTE, WA 9 January 2018 163. Fish Preparation Room (1) The occupier of a fish premises shall provide a fish preparation room that complies with the requirements of the requirements of Standard 3.2.3 of the Food Standards Code. (2) The fish preparation room— (a) shall have a self-closing door; (b) shall have a minimum floor area of 9 square metres; (c) shall be flyproofed and provided with ample light and ventilation. (3) The occupier shall ensure that all fish are prepared in the fish preparation room and that room is to be used solely for that purpose. (4) The occupier of a fish premises shall provide, in or easily accessible from each fish preparation room, cleaning facilities consisting of a double bowl stainless steel wash trough of adequate size to accommodate the equipment and utensils used on the premises, connected to a piped supply of hot and cold water. 164. Bench The occupier of a fish premises shall provide and maintain on the premises a separate stainless steel bench for the handling of fish. 165. Disposal of Waste The occupier of a fish premises shall cause all offal and wastes, all rejected and unsaleable fish and any rubbish or refuse which is likely to be offensive or a nuisance to be— (a) placed in the receptacles referred to in clause 157 and disposed of in accordance with that clause; or (b) kept in a frozen state in an approved enclosure before its removal from the premises. 166. Fish Containers The occupier of a fish premises shall not allow any box, basket or other container used for the transport of fish to— (a) remain on the premises longer than is necessary for it to be emptied; or (b) be kept so as to cause a nuisance or to attract flies. 167. Cooking of Fish Where cooking of fish is carried out in a fish premises, the occupier shall provide and maintain— (a) an exhaust canopy of an approved type; (b) an exhaust ventilation system— (i) the point of discharge of which shall be at least 1 metre above the ridge of a pitched roof or 3 metres above a flat roof and shall not be located within 6 metres of an adjoining property or any fresh air intakes; and (ii) which shall discharge in such manner and in such a position that no nuisance is created. 168. Use of an Approved Portable Box The Manager Health and Compliance may permit an approved portable box to be used for the transport or storage of fish. 169. Fish Transport Vehicle A person shall not use a fish transport vehicle for the transport or storage of fish unless it is so constructed, equipped and maintained that— (a) the frame is made of metal or other approved material; (b) all internal surfaces— (i) are made of metal or approved non-toxic plastic substance, which may include stainless steel, aluminium, galvanised iron, fibreglass, or other material of similar strength and impermeable qualities; (ii) are smoothly finished; (iii) are rigidly secured with a solid backing; and (iv) have floor and vertical angles coved with not less than a 9.5 millimetre radius, but, if all necessary floor joints are effectively sealed, the surface of the floor, or part of it, may be of an approved tread type track material; (c) internal horizontal joints made between metal sheeting are lapped from top to bottom and either— (i) continuously welded; or (ii) lapped with a minimum of 40 millimetres cover secured with blind rivets and sealed with a non-toxic sealing material; (d) the vehicle is effectively insulated with a stable insulating material; (e) the vehicle has, at the rear or side, doors that are made in the manner provided by paragraphs (a),(b),(c) and (d) of this clause, are close fitting, and have a suitable locking device fitted;

9 January 2018 GOVERNMENT GAZETTE, WA 105 (f) the vehicle is fitted with shelves and grids, made of impervious material, in such a manner that the shelves and grids may be easily removed; (g) any containers used in the vehicle for fish are made of stainless steel, fibre glass, or approved non-toxic plastic; and (h) the vehicle is in good repair and condition and is thoroughly clean. Division 4—Laundries, Dry Cleaning Establishments and Dye Works 170. Interpretation “dry cleaning establishment”— (i) means premises where clothes or other articles are cleaned by use of solvents without using water; but (ii) does not include premises in which perchlorethylene or arklone is used as dry cleaning fluid in a fully enclosed machine operating on full cycle; “dye works” means a place where articles are commercially dyed, but does not include the dye works in which provision is made for the discharge of all liquid waste therefrom, into a public sewer; “exempt laundry” means a laundry in respect of which the local government has certified in writing to be exempt from the provisions of this Part; “laundromat” means a public place with coin operated washing machines, spin dryers or dry cleaning machines; and “exempt laundromat” means a premises in which— (a) laundering is carried out by members of the public using, on payment of a fee, machines or equipment provided by the owners or occupiers of those establishments; (b) laundering is not carried out by those owners or occupiers for or on behalf of other persons; and (c) provision is made for the discharge of all liquid waste therefrom into a public sewer; and “laundry” means any place where articles are laundered by commercial grade machinery but does not include an exempt laundry or an exempt laundromat. 171. Receiving Depot An owner or occupier of premises shall not use or permit the premises to be used as a receiving depot for a laundry, dry cleaning establishment or dye works except with the written permission of the Manager Health and Compliance who may at any time by written notice withdraw such permission. 172. Reception Room (1) The occupier of a laundry, dry cleaning establishment or dye works shall— (a) provide a reception room in which all articles brought to the premises for treatment shall be received and shall not receive or permit to be received any such articles except in that room; and (b) cause such articles as may be directed by an Environmental Health Officer to be thoroughly disinfected to the satisfaction of the officer. (2) A person shall not bring or permit food to be brought into the reception room referred to in this 173. Walls and Floors The occupier of a laundry, dry cleaning establishment or dye works shall cause— (a) the internal surfaces of all walls to be rendered with a cement plaster with a steel float finish or other approved material to a height of 2 metres and to be devoid of holes, cracks and crevices; (b) the floor to be constructed of concrete and finished with a smooth impervious surface; and (c) every floor and wall of any building on the premises to be kept at all times in good order and repair, so as to prevent the absorption of any liquid which may be splashed or spilled or may fall or be deposited on it. 174. Laundry Floor The occupier of a laundry shall provide in front of each washing machine a non-corrosive grating, at least 910 millimetres in width and so constructed as to prevent any person from standing in water on the floor. 175. Escape of Dust The occupier of a dry cleaning establishment shall provide effective means to prevent the escape into the open air of all dust or other material from the premises. 176. Precautions Against Combustion The occupier of a dry cleaning establishment where volatile liquids are used shall take all proper precautions against combustion and shall comply with all directions given by an Environmental Health Officer for that purpose.

106 GOVERNMENT GAZETTE, WA 9 January 2018 177. Trolleys The occupier of a dry cleaning establishment shall— (a) provide trolleys for the use of transporting dirty and clean linen; and (b) ensure that each trolley is— (i) clearly designated to indicate the use for which it is intended; (ii) lined internally with a smooth, non-corrosive, impervious material, devoid of holes, cracks and crevices that is easily cleaned; and (iii) thoroughly cleaned and disinfected on a regular basis. 178. Sleeping on Premises A person shall not use or permit any room in a laundry, dry cleaning establishment or dye works to be used for sleeping purposes. PART 10—OFFENCES AND PENALTIES 179. Penalties (1) A person who contravenes a provision of this local law commits an offence. (2) A person who commits an offence under sub-clause (1) is liable to— (a) a penalty which is not more than $1,000 and not less than— (i) in the case of a first such offence, $100; (ii) in the case of a second such offence, $200; and (iii) in the case of a third and subsequent such offence, $500; and (b) if the offence is a continuing offence, a daily penalty which is not more than $100 and not less than $50. ————

Schedule 1 APPLICATION FOR REGISTRATION OF A LODGING HOUSE ....................................................................................................................................................................... (Full name of Applicant/s) of ................................................................................................................................................................... ....................................................................................................................................................................... apply for the registration of premises situated (or to be situated) at .................................................................................................................................................... ....................................................................................................................................................................... as a lodging house to be classified as—

• a lodging house;
• a short term hostel; or
• serviced apartments (Specify which is to apply) and for my name to be entered in the Register as the keeper of the lodging house. DESCRIPTION OF LODGING HOUSE Number of storeys ....................... Rooms for private use Number Area Laundries/toilets/bathrooms ............ ............. Bedrooms ............ ............. Dining Rooms ............ ............. Kitchens ............ ............. Sitting Rooms ............ ............. Other (Specify) ............ .............

9 January 2018 GOVERNMENT GAZETTE, WA 107 Rooms for lodgers Number Area Bedrooms ............ ............. Dining Rooms ............ ............. Kitchens ............ ............. Sitting Rooms ............ ............. Other (Specify) ............ ............. Sanitary Conveniences for male lodgers Toilets ............ Urinals ............ Baths ............ Showers ............ Hand wash basins ............ Sanitary Conveniences for female lodgers Toilets ............ Baths ............ Showers ............ Hand wash basins ............ Laundry Facilities Washtroughs ............ Washing machines ............ Drying cabinets or Clothes lines ............ Additional Details (a) Lodgers’ meals will be provided by the manager/keeper/lodgers. (b) The keeper will/will not reside continuously on the premises. (c) Name and occupation of proposed manager if keeper resides elsewhere— .......................................................................................................................................................... (d) There will be .............. family members residing on the premises with the keeper/manager. Application fee of $.......... is attached. ————

Schedule 2 CERTIFICATE OF REGISTRATION OF A LODGING HOUSE THIS is to certify that the premises situated at........................................................................................... ......................................................................................................................................... are registered as a Lodging House and classified as—

• a lodging house
• a short term hostel
• serviced apartments until 31 December .........., on the following conditions—

1. That ......................., whose name is entered on the register of keepers of the City of Nedlands, continues to be the keeper of the lodging house;
2. that ......................., appointed by the keeper to be the manager of the lodging house, continues to be the manager of the lodging house;
3. that the Certificate of Registration is not sooner cancelled or revoked;
4. that the maximum number of rooms to be used as sleeping apartments for lodgers is ....................; and
5. that the maximum number of lodgers accommodated on the premises shall not exceed ................... This Certificate of Registration is issued subject to the Health (Miscellaneous Provisions) Act and Health Local Law of the City of Nedlands and is not transferable. Dated ................................... Manager Health and Compliance City of Nedlands Fee received: $....................

108 GOVERNMENT GAZETTE, WA 9 January 2018

Schedule 3 NOTICE OF CHANGE OF OWNER OF A LODGING HOUSE ....................................................................................................................................................................... (Full name of Applicant/s) of ................................................................................................................................................................... ....................................................................................................................................................................... am/are the new owner/s of premises situated at ......................................................................................... ....................................................................................................................................................................... which are registered in the name of ............................................................................................................. ....................................................................................................................................................................... for the carrying on of the lodging house business. ————

Schedule 4 REGISTER OF LODGERS Location of Lodging House: .......................................................................................................................... ....................................................................................................................................................................... Date of Name Previous Signature Room Date of Arrival Address No. Departure ....................................................................................................................................................................... ....................................................................................................................................................................... ....................................................................................................................................................................... ....................................................................................................................................................................... ————

Schedule 5 LIST OF LODGERS The following is the name of every person who resided in the lodging house at ....................................................................................................................................................................... ....................................................................................................................................................................... on the ............. day of ..................... .......... (Signed) .......................................... (Keeper) Date: ..............................................

9 January 2018 GOVERNMENT GAZETTE, WA 109

Schedule 6 CERTIFICATE OF SLEEPING ACCOMMODATION FOR A LODGING HOUSE To: ................................................................................................................................................................... (Name of Keeper) of ..................................................................................................................................................................... (Address of Keeper) For the registered lodging house situated at: ............................................................................................... ........................................................................................................................................................................ The rooms listed below are not to be occupied by more than the number of lodgers or residents indicated below. ROOM NUMBER: MAXIMUM OCCUPANCY: Date ............................................... ————

Schedule 7 APPLICATION FOR LICENCE OF A MORGUE I ...................................................................................................................................................................... (full name in block letters) of .................................................................................................................................................................... (full residential address) apply to licence the premises listed below as a Morgue Address of premises— ........................................................................................................................................................................ ........................................................................................................................................................................ Name of premises— .................................................................................................... Dated this ........ day of ........................... (Signature of Applicant) ————

Schedule 8 CERTIFICATE OF LICENCE OF A MORGUE This is to certify the following premises is licenced as a Morgue from the ......... day of ..................................………. until 31st day of December.......... Address of premises— ........................................................................................................................................................................ ........................................................................................................................................................................

110 GOVERNMENT GAZETTE, WA 9 January 2018 Name of premises— .................................................................................................... Dated this ........ day of ........................... ————

Schedule 9 APPLICATION FOR CONSENT TO ESTABLISH AN OFFENSIVE TRADE I/We, .............................................................................................................................................................. (Full Name of Applicant/s) of ................................................................................................................................................................... ....................................................................................................................................................................... apply for consent to establish an offensive trade being ....................................................................................................................................................................... (Description of Offensive Trade) in or upon .......................................................................................................................... (Location of the House or Premises) Notice of my/our intention to make this application was advertised in ................................................................................................................................................. (Name of Newspaper) on .................................................................................................................................................................. (Date of Advertisement) Plans and specifications of the buildings proposed to be used or erected in connection with the proposed offensive trade are attached. ————

Schedule 10 APPLICATION FOR REGISTRATION OF PREMISES FOR OFFENSIVE TRADE I/We, .............................................................................................................................................................. (Full Name of Applicant/s) of ................................................................................................................................................................... ....................................................................................................................................................................... apply for registration, for the year ended .................................................................................................... of ................................................................................................................................................................... (Location of Premises)

9 January 2018 GOVERNMENT GAZETTE, WA 111 being premises in or upon which there is (or is to be) carried on an offensive trade, namely ........................................................................................................................................................................ ........................................................................................................................................................................ (Description of Offensive Trade) under the business name of ........................................................................................ The prescribed registration fee of $ ................. is attached. ————

Schedule 11 CERTIFICATE OF REGISTRATION OF PREMISES FOR OFFENSIVE TRADE This is to certify that the premises situated at ........................................................................................... .......................................................................................................................................................... of which ........................................................................................................................................................................ is the occupier, are registered for the carrying on of the trade of .......................................................................................................................................................... Trade Name.................................................................................................................................................... This registration expires on the ...................................................................... Dated this .............. day of ....................................... ———— Dated this 8th day of September 2017. The Common Seal of the City of Nedlands was affixed by authority of a resolution of the Council in the presence of— MAX HIPKINS, Mayor. GREG TREVASKIS, Chief Executive Officer. ———————————