88GOVERNMENT GAZETTE, WA 9 January 2018

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.