2528 GOVERNMENT GAZETTE, WA 5 April 2022
(d) room number; and
(e) date of departure.
(3) The register of lodgers shall be—
(a) kept in the lodging house; and
(b) open to inspection at any time on demand by a police officer or by an authorised person.
(4) The register shall be kept for a minimum of 3 years.
10.24 Keeper report
A keeper shall, whenever required by a police officer or an authorised person, provide a report
containing the details of clause 10.23(2).
10.25 Certificate in respect of sleeping accommodation
(1) An authorised person may issue to a keeper a certificate of sleeping accommodation, in respect of
each room, which shall be in the form determined by the local government from time to time.
(2) The certificate issued under subclause (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) The certificate of registration shall be displayed in the reception area accessible by those visiting
(4) When required by an authorised person, a keeper shall exhibit the certificate issued under this
clause in a conspicuous place in the room to which it refers.
(5) A person shall not permit or allow to be permitted a greater number of persons than is specified on
a certificate issued under this clause to occupy the room to which it refers.
10.26 Duplicate keys and inspection
A keeper and manager of accommodation shall—
(a) retain possession of a duplicate key to the door of each room; and
(b) when required by an authorised person, open the door of any room for the purposes of inspection
by the authorised person.
10.27 Room occupancy
(1) A keeper shall not—
(a) permit or allow to be permitted more than the maximum number of persons permitted by the
certificate of registration of a lodging house issued under clause 10.4(1) to be lodged at any one
time in the accommodation;
(b) place 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 permit to be used for sleeping purposes a room that—
(i) has not been certified for that purpose; or
(ii) an authorised person has forbidden to be used as a sleeping apartment.
(2) For the purpose of this clause, two children under 10 years of age shall be counted as one lodger.
10.28 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 subclause (1), the keeper of a lodging
house 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.
10.29 Cleaning and maintenance requirements
A keeper 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 toilets, including toilet seats, cisterns and associated plumbing;
(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;
Section 2528 - Shire of Narrogin Health Local Law 2022 - GOVERNMENT GAZETTE, WA 5 April 2022 | Zoe
5 April 2022 GOVERNMENT GAZETTE, WA 2529
(d) ensure that all floors are kept clean at all times;
(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,
effective action is taken to eradicate the vectors of disease without delay; and
(vi) a room, which is not free from vectors of disease, is not used as a sleeping apartment;
(f) when so directed by written notice given by an authorised person, 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; and
(h) provide all bedrooms, passages, common areas, toilets, bathrooms and laundries with adequate
lighting.
10.30 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;
(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 or 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 10.31—
(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 items other than personal effects—
(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.
10.31 Approval for storage and consumption of food
(1) An authorised person may—
(a) upon written application from a keeper of a lodging house, approve the storage of food within
a refrigerator or sealed container in a sleeping apartment; and
(b) withdraw the approval if a nuisance, vector of disease, vermin or 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.
10.32 Infectious disease
A keeper shall without delay after becoming aware that a lodger or resident is suffering from a
notifiable infectious disease notify an authorised person.
2530 GOVERNMENT GAZETTE, WA 5 April 2022
PART 11—OFFENSIVE TRADES
Division 1—General
11.1 Interpretation
offensive trade means any trades as defined by section 186 of the Act, and includes—
(a) establishments carrying out gut scraping or preparation of sausage skins;
(b) knackeries;
(c) laundromats and dry cleaning premises;
(d) livestock saleyards;
(e) establishments for caged poultry farming or poultry processing;
(f) establishments for caged rabbit farming; and
(g) establishments for shellfish and crustacean processing, excluding retail fish shop; and
premises means those premises in or upon which an offensive trade is carried on.
11.2 Application 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 or her intention to apply for consent in accordance with clause 11.3; and
(b) lodge an application with the local government.
(2) In addition to clause 13.1 an application for registration to establish an offensive trade shall include
but is not limited to the addition following details—
(a) description of proposed offensive trade;
(b) details of operations—
(i) days and times of operation;
(ii) quantities of materials—received and dispatched;
(iii) quantities of waste materials or products; and
(iv) arrangements for disposal of waste materials or products;
(c) plans and specifications of the buildings proposed to be erected or used in connection with the
proposed offensive trade are attached;
(d) details of advertising, notification to adjoining properties; and
(e) accompanied by the fee prescribed in the Health (Offensive Trades Fees) Regulations 1976 as
amended from time to time.
11.3 Notice of application
A notice required under subclause 11.2(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 local newspaper at least two weeks but not more than one month before the
application under clause 11.2(1)(b) is lodged with the local government.
11.4 Registration of premises
Registration of premises for an offensive trade is to be in accordance with section 191 of the Act.
11.5 Certificate of registration of premises for offensive trade
(1) In addition to clause 13.2(3) a certificate of registration of premises for an offensive trade is to
include the—
(a) name of business;
(b) address of approved offensive trade premises;
(c) type of offensive trade;
(d) name of owner;
(e) name of manager if the manager is not the owner;
(f) period of licence;
(g) conditions imposed, if any; and
(h) approved times of operation.
(2) The certificate of registration shall be displayed in the reception area accessible by those visiting
11.6 Transfer of business premises
(1) Transfer of an offensive trade to alternative premises is subject to clauses 11.2 and 11.4.
(2) For avoidance of doubt, registration of premises is specific to the premises registered, and is non-
transferable.
5 April 2022 GOVERNMENT GAZETTE, WA 2531
11.7 Alterations to premises
While any premises remain registered under this Division, a person shall not, without the written
permission of an authorised person, make or permit any change or alteration to the premises, other
than minor repairs, installations or interior refurbishment.
Division 2—General duties of an occupier
11.8 Interpretation
premises means those premises in or upon which an offensive trade is carried on; and
vectors of disease has the meaning given to it in clause 8.1.
11.9 Cleanliness of premises etc.
(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, equipment, implements, shelves, counters, tables, benches, bins,
cabinets, sinks, drain boards, drains, grease traps, tubs, containers 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.
11.10 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.
11.11 Painting of walls etc.
The occupier shall cause the internal surface of every wall, the underside of every ceiling or roof and
all fittings in and on the premises to be cleaned and painted when directed by written notice given by
an authorised person.
11.12 Effluvia, odours, gases or dust
(a) provide, use and maintain in a state of good repair and working order, appliances and
preventive measures capable of effectively destroying or of rendering harmless all offensive
effluvia, odours, dust or gases arising in any process of his or her business or from any material,
residue or other substance which may be kept or stored upon the premises; and
(b) manage and operate the premises such that odours emanating from the premises do not
unreasonably interfere with the health, welfare, convenience, comfort or amenity of any person.
11.13 Receptacles for disposal of 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 airtight covers on the receptacles, except when it is necessary to place something in or
remove something from them;
(c) cause all offensive material and trade refuse to be placed in the receptacles without delay;
(d) cause the contents of the receptacles to be removed from the premises at least once per week
or as directed by written notice given by an authorised person; and
(e) cause all receptacles after being emptied to be cleaned with an efficient disinfectant without
delay.
11.14 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 inhalation or otherwise and so as to prevent the creation of a nuisance.
11.15 Sleeping on premises
A person shall not use or permit any room in premises used for an offensive trade to be used for sleeping
purposes.
11.16 Written notice
An authorised person may give to the occupier written notice to prevent or diminish the offensiveness
of a trade or to safeguard the public health.