Part 3HOUSING AND GENERAL

PART 3—HOUSING AND GENERAL Division 1—Maintenance of dwelling houses 3.1 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 a good state of repair, clean and free from obstructions; (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 any direction in writing given by an authorised person 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, damp proof course 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— (i) the provisions of the Water Services Act 2012; (ii) the NCC with regards to plumbing and relevant associated standards; and (iii) 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 all relevant public authorities.

5 April 2022 GOVERNMENT GAZETTE, WA 2507 Division 2—Ventilation of dwelling houses 3.2 Exemption for short term hostels and recreational campsites This Division shall not apply to short term hostels and recreational campsites referred to in Division 2 of Part 10. 3.3 Overcrowding The owner or occupier of a dwelling house shall not permit— (a) a room in the dwelling house that is not a habitable room to be used for sleeping purposes; (b) a habitable room in the dwelling 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 one and ten years there is at least eight cubic metres of air space per person; or (c) any structure classified as Class 10(a) under the NCC, including but not limited to a garage, shed or area under a verandah or patio to be used for sleeping purposes. 3.4 Calculated sufficient space For the purpose of clause 3.5, 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; (b) a deduction shall be made for the space occupied by furniture, fittings and projections of the walls into a room; and (c) the space required includes ceilings measured up to a height of 2700 millimetres. 3.5 Ventilation (1) A person shall not use or occupy, or permit to be used or occupied, a dwelling house unless the dwelling house is properly ventilated. (2) For the purpose of subclause (1) a dwelling house shall be deemed to be properly ventilated if it complies with the NCC, including the provision of— (a) natural ventilation; or (b) a mechanical ventilation or air–conditioning system. (3) The owner of a dwelling house provided with a mechanical ventilation or air-conditioning system as its only or prime means of ventilation shall ensure that the system is— (a) maintained in good working order and condition; and (b) in use at all times the building is occupied. (4) If a dwelling house is not properly ventilated, the owner of the dwelling house may be required by written notice given by an authorised person to undertake remedial actions including but not limited to— (a) providing a different, or additional method of ventilation; or (b) ceasing to use the dwelling house until it is properly ventilated. 3.6 Sub–floor ventilation The owner or occupier of a dwelling house shall make provision for any 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 3.7 Water supply (1) The owner of every dwelling house shall provide a continuous supply of drinking water, reticulated for use and obtained from— (a) a licensed water service operator; (b) an underground bore; (c) a rainwater storage system; or (d) an alternative supply approved by the Chief Health Officer. (2) The water supply shall at all times deliver an adequate supply of drinking water to each tap in the house. (3) The water supply to toilets or for garden use may be from an alternative source that is not necessarily drinking water but shall comply with the requirements of relevant legislation, codes of practice or guidelines where applicable. 3.8 Rain water tanks (1) The owner or occupier of a dwelling house for which part of the drinking water supply is drawn from a rain water tank shall— (a) ensure that it is managed and maintained so as to meet the relevant standards in the Australian Drinking Water Guidelines developed by the National Health and Medical Research Council;