City of south perth




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HEALTH ACT 1911
CITY OF SOUTH PERTH
HEALTH LOCAL LAWS 2002


Made by the Council of the City of South Perth under section 342 of the Health Act 1911 in accordance with subdivision 2 of Division 2 of part 3 of the Local Government Act 1995.


HEALTH ACT 1911

THE CITY OF SOUTH PERTH
HEALTH LOCAL LAWS 2001
ARRANGEMENT
PART 1 - PRELIMINARY
Local Law
1. Citation

2. Repeal

3. Interpretation
PART 2 - SANITATION

Division 1 - Sanitary Conveniences
4. Interpretation

5. Dwelling house

6. Premises other than a dwelling house

7. Outdoor festivals

8. Toilets

9. Temporary works

10. Maintenance of sanitary conveniences and fittings

11. Ventilation of toilets

12. Public sanitary conveniences

13. Lighting

14. Installation
Division 2 - Bathrooms, Laundries and Kitchens
15. Bathrooms

16. Laundries

17. Washing or keeping of clothes in kitchens

18. Kitchens


PART 3 - HOUSING AND GENERAL

Division 1 - Maintenance of Houses
19. Dwelling house and other structures maintenance

20. Maintenance of guttering and down pipes and disposal of rainwater


Division 2 - Ventilation of Houses
21. Exemption for short term hostels and recreational campsites

22. Overcrowding

23. Calculate sufficient space

24. Ventilation

25. Sub-floor ventilation



Division 3 - Water Supply
26. Water supply

27. Rain water tanks

28. Wells and Bores

29. Pollution



Division 4 - Second-hand Furniture, Bedding and Clothing
30. Prohibition of sale

31. Prohibition of possession


Division 5 - Morgues
32. Application and Licensing of morgues
PART 4 - WASTE FOOD AND REFUSE

Division 1 - Liquid Refuse
33. Interpretation

34. Deposit of liquid refuse

35. Disposal of liquid waste

36. Approval for septic tank pump outs

37. Application for approval

38. Notice of intention


Division 2 - Disposal of Refuse
39. Interpretation

40. Receptacles

41. Use of receptacles

42. Damage to receptacles

43. Use of other containers

44. Suitable enclosure

45. Removal of rubbish from premises or receptacle

46. Burning rubbish or refuse


Division 3 - Transport of Butchers' Waste
47. Interpretation

48. Restriction of vehicles

49. Transport of butchers' waste
PART 5 – NUISANCES AND GENERAL

Division 1 - Nuisances
50. Interpretation

51. Footpaths etc. to be kept clean

52. Escape of smoke etc.

53. Public vehicles to be kept clean

54. Prohibition against spitting

55. Transportation, use and storage of offal or blood

56. Use or storage of fertiliser

57. Storage and despatch of artificial fertiliser

58. Storage of fertiliser in a house
Division 2 - Keeping of Animals
59. Cleanliness

60. Animal enclosures

61. Cats

62. Slaughter of animals

63. Disposal of dead animals
Division 3 - Keeping of Large Animals
64. Interpretation

65. Keeping of Large Animals


Division 4 - Keeping of Poultry and Pigeons
66. Interpretation

67. Limitation on numbers of poultry and pigeons

68. Keeping of poultry

69 Keeping of pigeons

70. Removal of pigeons and poultry

71. Removal of non-conforming structure or enclosure

72. Restrictions on pigeons nesting or perching
Division 5 - Car Parks
73. Interpretation

74. Ventilation

75. Exhaust air discharge points and exhaust registers

76. Car park attendant booths


PART 6 - PEST CONTROL
Division 1 - Flies
77. Interpretation

78. Fly breeding matter not to be left on premises unless covered or treated

79. Measures to be taken by an occupier

80. Officer may give notice directing measures to be taken

81. Local government may execute work and recover costs
Division 2 - Mosquitoes
82. Interpretation

83. Premises to be kept free of mosquito breeding matter

84. Measures to be taken by an owner or occupier

85. Measures to be taken by occupier

86. Removal of undergrowth or vegetation

87. Filling in excavations etc.

88. Drains, channels and septic tanks

89. Drainage of land

90. Officer may give notice directing measures be taken

91. Local Government may execute work and recover costs


Division 3 - Rodents
92. Interpretation

93. Measures to be taken to eradicate rodents

94. Waste food etc. to be kept in rodent proof receptacles

95. Restrictions on materials affording harbourage for rodents

96. Food premises etc to be cleaned after use

97. Restrictions on the sale or keeping of rats


Division 4 - Cockroaches
98. Interpretation

99. Measures to be taken to eradicate cockroaches


Division 5 - Argentine Ants
100. Interpretation

101. Measures to be taken to keep premises free from Argentine Ants


Division 6 - European Wasps
102. Interpretation

103. Measures to be taken to keep premises free from European Wasp Nests


Division 7 - Bee Keeping
104. Interpretation

105. Limitation on numbers of hives

106. Restrictions on keeping of bees in hives

107. Bees, which cause a nuisance not to be kept


Division 8 - Arthropod Vectors of Disease
108. Interpretation

109. Responsibility of the owner or occupier


PART 7 - INFECTIOUS DISEASES

Division 1 - General Provisions
110. Environmental Health Officer may visit, inspect and report

111. Requirements on owner or occupier to clean, disinfect or disinfest

112. Environmental Health Officer may disinfect or disinfest premises

113. Insanitary houses, premises and things

114. Medical Officer may authorise disinfecting

115. Persons in contact with an infectious disease sufferer

116. Declaration of infected house or premises

117. Destruction of infected animals

118. Disposal of a body

119. Local Government may carry out work and recover costs


Division 2 - Disposal of Used Condoms and Needles
120. Disposal of used condoms

121. Disposal of used needles


PART 8 – LODGING HOUSES

Division 1 - Registration
122. Interpretation

123. Lodging house not to be kept unless registered

124. Application for registration

125. Approval of application

126. Renewal of registration

127. Notification upon sale or transfer

128. Revocation of registration
Division 2 - Construction and Use Requirements
129. General construction requirements

130. Sanitary conveniences

131. Laundry

132. Kitchen

133. Cooking facilities

134. Dining room

135. Lounge room

136. Fire prevention and control

137. Obstruction of passages and stairways

138. Fitting of locks

139. Restriction on use of rooms for sleeping

140. Sleeping accommodation short term hostels

141. Furnishing etc of sleeping apartments

142. Ventilation

143. Numbers to be placed on doors
Division 3 - Management and Care
144. Keeper or manager to reside in the lodging house

145. Register of lodgers

146. Keeper report

147. Certificate in respect of sleeping accommodation

148. Duplicate keys and inspection

149. Room occupancy

150. Maintenance of a room by a lodger or resident

151. Cleaning and maintenance requirements

152. Responsibilities of lodgers and residents

153. Approval for storage of food


PART 9 - OFFENSIVE TRADES

Division 1 - General
154. Interpretation

155. Consent to offensive trade

156. Notice of application

157. Registration of premises

158. Certificate of registration

159. Change of occupier

160. Alterations to premises

161. Occupier includes employee


Division 2 - General Duties of an Occupier
162. Interpretation

163. Cleanliness

164. Rats and other vector of disease

165. Sanitary conveniences and wash basins

166. Painting of walls etc

167. Effluvia, vapours or gases

168. Offensive material

169. Storage of materials

170. Specified offensive trades

171. Directions

172. Other duties of occupier
Division 3 - Fish Premises
173. Interpretation

174. Cleaning facilities

175. Fish preparation room

176. Bench

177. Disposal of waste

178. Fish containers

179. Cooking of fish

180. Use of a portable box

181. Fish transport vehicle


Division 4 - Laundries, Dry Cleaning Establishments and Dye Works
182. Interpretation

183. Receiving depot

184. Reception room

185. Walls and floors

186. Escape of dust

187. Precautions against combustion

188. Trolleys

189. Sleeping on premises



PART 10 - PENALTIES
190. Penalties
SCHEDULES OF FORMS AND FEES
Schedule

Number Description
1. Application for Registration of a Lodging House

2. Certificate of Registration of a Lodging House

3. Notice of Change of Owner of a Lodging House

4. Register of Lodgers

5. List of Lodgers

6. Certificate of Sleeping Accommodation for a Lodging House

7. Application for Licence of a Morgue

8. Certificate of Licence of a Morgue

9. Application for Consent to Establish an Offensive Trade

10. Application for Registration of Premises for Offensive Trade



11. Certificate of Registration of Premises for Offensive Trade
HEALTH ACT 1911
THE CITY OF SOUTH PERTH
HEALTH LOCAL LAWS 2002
Pursuant to the powers under the Health Act 1911, the local government of the City of South Perth makes the following Local Laws.
PART 1 - PRELIMINARY
Citation
1. These Local Laws may be cited as "The City of South Perth Health Local Laws 2002".
Repeal
2. (1) The Health Local Laws adopted by the City of South Perth and published in the Government Gazette on the 20 July 1928, and amended from time to time, are repealed;
(2) The Health Local Laws adopted by the City of South Perth and published in the Government Gazette on the 6 July 1945, and amended from time to time, are repealed;
(3) The Health Local Laws adopted by the City of South Perth on the 26 September 1956 and published in the Government Gazette on the 25 January 1957, and amended from time to time, are repealed; and
(4) The Health Local Laws adopted by the City of South Perth on 15 December 1966 and published in the Government Gazette on the 15 May 1967, and amended from time to time, are repealed;
Interpretation
3. (1) In these Local Laws, unless the context otherwise requires -
"Act" means the Health Act 1911;
"adequate supply of water" means a flow of water of not less than 0.076 litres per second;
"approved" means approved by the Manager, Environmental Health & Regulatory Services;
"AS" means Australian Standard published by the Standards Association of Australia;
"AS 1530.2: 1993" means the standard published by the Standards Association of Australia as AS 1530.2: 1993 and called “Methods for fire tests on building materials, components and structures – Tests for flammability of materials”;
"AS 1530.3: 1999" means the standard published by the Standards Association of Australia as AS 1530.3: 1999 and called “Methods for fire tests on building materials, components and structures – Simultaneous determination of ignitionability, flame propagation, heat release and smoke release”;


"AS 1668.2: 1991" means the standard published by the Standards Association of Australia as AS 1668.2: 1991 and called “The use of mechanical ventilation and air conditioning in buildings – Mechanical ventilation for acceptable indoor-air quality”;

"AS 2001.5.4 - 1987" means the standard published by the Standards Association of Australia as AS 2001.5.4 -1987 and called “Methods of test for textiles – Dimensional change – Determination of dimensional change in laundering of textile fabrics and garments – Automatic machine method”;

"AS/NZS 3666.2: 1995" means the standard published by the Standards Association of Australia as AS 3666.2: 1995 and called “Air handling and water systems of buildings – Microbial Control – Operational and maintenance”;
"Building Code" means the latest edition of the Building Code of Australia published from time to time by, or on behalf of the Australian Building Codes Board, as amended from time to time, but not including explanatory information published with that Code;
"Chief Executive" means the Chief Executive of the City of South Perth and includes an Acting Chief Executive;
"local government" means the local government of the City of South Perth;
"district" means the district of the City of South Perth and includes any area placed under the jurisdiction of the local government pursuant to section 22 of the Act;
"dwelling house" means a place of residence containing at least one sleeping room and includes a room or outbuilding separate from, but ancillary to, the building in which the sleeping room is located;
"Environmental Health Officer" means an Environmental Health Officer appointed by the local government under the Act and includes an Acting or Assistant Environmental Health Officer;
"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;
"Manager, Environmental Health & Regulatory Services" means an Environmental Health Officer appointed by the local government to the office of Manager, Environmental Health & Regulatory Services and includes an Acting Manager, Environmental Health & Regulatory Services;
"Medical Officer" means the Medical Officer appointed by the local government under the Act and includes an Acting Medical Officer so appointed;
"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, night soil, 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 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;
"water" means drinking water within the meaning of the Guidelines for Drinking Water Quality In Australia – 1996, as published by the National Health and Medical Research Council and amended and endorsed by the Minister for Health from time to time; and
"window" means a glass panel, roof light, glass brick, glass louver, 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 these Local Laws, 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 these Local Laws 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
Interpretation
4. 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 in conjunction with a festival; or

(b) employees at construction sites or the like.
Dwelling House
5. (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.
Premises other than a Dwelling House
6. (1) The owner of premises other than a dwelling house shall not use or occupy, or permit to be used or occupied, premises other than a dwelling house unless -

(a) the premises have sanitary conveniences in accordance with the Building Code and this Part;

(b) the toilets required by this clause are situated within a reasonable distance and are easily accessible to the persons for whom they are provided; and

(c) the premises have hand wash basins -

(i) in accordance with the Building Code;

(ii) for the use of persons employed or engaged on the premises;

(iii) provided with an adequate supply of water supplied by taps located over each basin;

(iv) separate from any trough, sink or basin used in connection with any process carried out on the premises; and

(v) situated within a reasonable distance of the sanitary conveniences and easily accessible to the person for whom they are provided.
(2) The occupier of premises other than a dwelling house shall ensure that -

(a) clean toilet paper is available at all times in each cubicle;

(b) a sanitary napkin disposal facility is provided in each toilet set aside for the use of females; and

(c) each hand wash basin is provided with -

(i) an adequate supply of soap or other hand cleaning substances; and

(ii) hand drying facilities, situated adjacent to and visible from the hand basin.


Outdoor Festivals
7. (1) The organiser of an outdoor festival at which not more than 20,000 people are expected to attend shall provide sanitary conveniences in accordance with the following scale -
(a) for the first 1,000 males -

(i) one water closet for each 333;

(ii) one urinal stall for each 100; and

(iii) one hand wash basin for each 500;

(b) for additional males -

(i) one water closet for each 500;

(ii) one urinal stall for each 100; and

(iii) one hand wash basin for each 500;

(c) for the first 1,000 females -

(i) one water closet for each 77; and

(ii) one wash hand basin for each 500; and

(d) for additional females -

(i) one water closet for each 100; and

(ii) one wash hand basin for each 500.


(2) Where, under sub-clause (1), the number of a particular sanitary convenience to be provided is not a whole number that number shall be rounded up to the next higher whole number.
(3) The organiser of an outdoor festival at which more than 20,000 people are expected to attend shall provide sanitary conveniences of a number as directed by the Manager, Environmental Health & Regulatory Services.
Toilets
8. Where more than one toilet is provided on the premises other than a dwelling house, the entrance to each toilet shall bear a suitable sign indicating for which sex its use is intended.
Temporary Works
9. A person who undertakes temporary work at any place shall -

(a) provide and maintain for the use of persons engaged, whether as employees or as independent contractors or otherwise, one temporary approved toilet for every 20 such persons; and

(b) remove the toilet at the conclusion of the work or at an earlier time in accordance with a direction from the Manager, Environmental Health & Regulatory Services, and ensure the site is left clean.
Maintenance of Sanitary Conveniences and Fittings
10. (1) The occupier of premises shall -

(a) keep clean, in good condition and repair; and

(b) whenever required by an Environmental Health Officer, effectively disinfect and clean, all sanitary conveniences including sanitary fittings in or on the premises.
(2) The owner of premises shall -

(a) keep or cause to be kept in good repair; and;

(b) maintain an adequate supply of water to,

all sanitary conveniences including sanitary fittings in or on the premises.


Ventilation of Toilet
11. A toilet in any premises shall be ventilated in accordance with the Sewerage (Lighting, Ventilation and Construction) Regulations 1971 and the Building Code.
Public Sanitary Conveniences
12. (1) A person shall not -

(a) foul;

(b) damage or vandalise; or

(c) write on or otherwise deface,

a public sanitary convenience or sanitary fixtures or fittings or the premises in or on which the sanitary convenience is located.
(2) A person shall not live or sleep in or on the premises in which a public sanitary convenience is located or use it for a purpose other than that for which it was intended.
Lighting
13. The owner and occupier of premises in which a sanitary convenience or a public sanitary convenience is located shall provide and maintain adequate electric lighting for persons using the convenience.
Installation
14. (1) Every sanitary convenience shall be installed in accordance with the requirements of the Metropolitan Water Supply Sewerage and Drainage Act 1909 and shall have an adequate supply of water.

(2) Every temporary sanitary convenience shall be installed in accordance with the requirements of the Health (Temporary Sanitary Conveniences) Regulations 1997.


Division 2 - Bathroom, Laundries and Kitchens
Bathrooms
15. (1) A person shall not use or occupy, or permit to be used or occupied, a dwelling house without a bathroom that -

(a) is adequately lined with an impervious material and has an adequate ceiling;

(b) complies with the Health Act (Laundries and Bathrooms) Regulations 1971; and

(c) is equipped with -

(i) a wash hand basin; and

(ii) either a shower in a shower recess or a bath.


(2) The floor of the bathroom referred to in sub-clause (1) shall be -

(a) of concrete or of other impervious material;

(b) properly surfaced with an even fall to a floor waste, suitably trapped and discharging to -

(i) the sewer of a licensed water service operator; or

(ii) a proper discharge pipe with flap valve fitted and, where necessary, protected by an approved sump.
(3) All baths, showers, hand basins and similar fittings shall be provided with an adequate supply of hot and cold water.
Laundries
16. (1) A person shall not use or occupy, or permit to be used or occupied, a dwelling house without a laundry that -

(a) is properly enclosed and roofed;

(b) is adequately lined with an impervious material;

(c) has a floor of concrete or other impervious material;

(d) is properly surfaced, with an even fall to a floor waste, suitably trapped and discharging to -

(i) the sewer of a licensed water service operator; or

(ii) a proper discharge pipe with flap valve fitted and, where necessary, protected by a sump; and

(e) is not a room in which food is stored, prepared, served or consumed.


(2) In the case of a single occupancy dwelling, the laundry referred to in sub-clause (1) shall have -

(a) either -

(i) two wash troughs; or

(ii) a washing machine and either a wash trough or a sink; and

(b) a clothes drying facility comprising either an electric clothes dryer or sufficient clothes line erected externally.
(3) All wash troughs, sinks and washing machines shall be -

(a) in a laundry and connected to an adequate supply of hot and cold water;

(b) properly supported; and,

(c) all wash troughs and sinks shall have a capacity of at least 36 litres.


(4) Where, in any building, a laundry is situated adjacent to a kitchen or a room where food is stored or consumed, the laundry shall be separated from the kitchen by a wall extending from the floor to the roof or ceiling.
(5) Where there is an opening between a laundry and a kitchen or other room where food is stored or consumed, the opening shall -

(a) not be more than 1220 millimetres wide; and

(b) have a door which when closed shall completely fill the opening.
Washing or Keeping of Clothes in Kitchens
17. A person shall not in any kitchen or other place where food is kept -

(a) wash or permit to be washed any clothing or bedding; or

(b) keep or permit to be kept any soiled clothing or bedding.
Kitchens
18. (1) A person shall not use or occupy, or permit to be used or occupied, a dwelling house without a kitchen equipped with -

(a) an electric, gas, wood or other fuel burning stove;

(b) an oven with a capacity of not less than 0.005 cubic metres per person usually accommodated in the house with a minimum capacity of 0.03 cubic metres; and

(c) a sink, which shall

(i) be at least 380 millimetres long, 300 millimetres wide and 150 millimetres deep; and

(ii) have an adequate supply of hot and cold water.


(2) The occupier of a dwelling house shall ensure that the stove, oven and sink are kept clean, in good order and repair and fit for use.
(3) A cooking facility shall -

(a) be installed in accordance with the requirements of the Office of Energy; and

(b) not be installed or used in any room other than a kitchen.

(c) shall be provided with mechanical extraction flumed to the outside air as directly as practicable; and

(d) boxed throughout.
(4) In this clause, a "cooking facility" includes a stove, oven, facility or appliance used for or in connection with the cooking of food.

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