36OVentilation

36O Ventilation

[Section 36O Inserted by No. 45 of 2013, s. 19, Applied:01 Aug 2015]

(1)  An owner must not enter into, extend, or renew, a residential tenancy agreement in relation to premises unless adequate ventilation is provided to each room in the premises in accordance with this section.

Penalty:  Fine not exceeding 50 penalty units.

(2)  For the purposes of subsection (1) , adequate ventilation is provided to a room if –

(a) there are one or more openings, in the room, that open to an area of the premises that is not both covered by a ceiling and surrounded by walls (including any walls with doors or windows); and

(b) the total area of all such openings constitutes not less than 5 per cent of the floor area of the room.

(3)  For the purposes of subsection (1) , adequate ventilation is provided to a room (the first room) if –

(a) one or more openings, in the room, open to an adjoining room; and

(b) the first room or the adjoining room to which the openings open is not a sanitary compartment; and

(c) the total area, of all the openings in the first room that open to an adjoining room, constitutes not less than 5 per cent of the floor area of the first room; and

(d) there are one or more openings in the adjoining room (not being the same openings as the openings in the first room); and

(e) the total area, of all the openings in the adjoining room (not being the same openings as the openings in the first room), constitutes not less than 5 per cent of the floor area of the adjoining room.

(4)  For the purposes of subsection (1) , adequate ventilation is provided to a room that is a sanitary compartment, bathroom or laundry if the room is ventilated by a functioning mechanism (including but not limited to an exhaust fan) that –

(a) takes air from the room directly to an area of the premises that is not both covered by a ceiling and surrounded by walls (including any walls with doors or windows); or