Health Local Law 2017
76GOVERNMENT GAZETTE, WA 9 January 2018
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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.