City of south perth




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PART 9 - OFFENSIVE TRADES
Division 1 - General
Interpretation
154. In this Part, unless the context otherwise requires -
"occupier" in relation to premises includes the person registered as the occupier of the premises in the Schedule 11 Certificate of Registration;
"offensive trade" means any one or more of the trades, businesses or occupations usually carried on, in or connected with, the following works or establishments -

(a) fish curing premises and fish, shellfish and crustacean processing premises;

(b) laundries, dry cleaning premises and dye works; and

(c) any trade as defined by section 186 of the Act;



"premises" includes houses.
Consent to Establish an Offensive Trade
155. (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 intention to apply for consent in accordance with clause 158; and

(b) lodge with the Chief Executive an application in the form of Schedule 10.
(2) A person who makes a false statement in an application under this clause shall be guilty of an offence.
Notice of Application
156. A notice required under sub-clause 157(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 157(1)(b) is lodged with the Chief Executive.
Registration of Premises
157. An application for the registration of premises pursuant to section 191 of the Act shall be -

(a) in the form of Schedule 10;

(b) accompanied by the fee prescribed in the Offensive Trade (Fees) Regulations 1976; and

(c) lodged with the Chief Executive.


Certificate of Registration
158. Upon the registration of premises for the carrying on of an offensive trade, the local government shall issue to the applicant a certificate in the form of Schedule 11.
Change of Occupier
159. Where there is a change of occupier of the premises registered pursuant to this Division, the new occupier shall forthwith notify the Chief Executive in writing of such change.
Alterations to Premises
160. While any premises remain registered under this Division, a person shall not, without the written permission of the local government, make or permit any change or alteration whatever to the premises.
Occupier Includes Employee
161. Where in any clause contained in this Part a duty is imposed upon the occupier of premises in or upon which an offensive trade is carried on, the reference to the occupier shall be interpreted to include the employees of the occupier and any employee committing a breach of any provision of this Part shall be liable to the same penalties as if he were the occupier.
Division 2 - General Duties of an Occupier
Interpretation
162. In this Division, unless the context otherwise requires -
"occupier" means the occupier, or where there is more than one occupier, each of the occupiers of the premises in or upon which an offensive trade is carried on; and
"the premises" means those premises in or upon which an offensive trade is carried on.
Cleanliness
163. The occupier shall -

(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, machinery, implements, shelves, counters, tables, benches, bins, cabinets, sinks, drain boards, drains, grease traps, tubs, vessels 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.


Rats and other Vectors of Disease
164. The occupier shall -

(a) ensure that the premises are kept free from rodents, cockroaches, flies and other vectors of disease; and

(b) provide in and on the premises all effective means and methods for the eradication and prevention of rodents, cockroaches, flies and other vectors of disease.
Sanitary Conveniences and Wash Basins
165. The occupier shall provide on the premises in an approved position sufficient sanitary conveniences and wash hand basins, each with an adequate supply of hot and cold water for use by employees and by all other persons lawfully upon the premises.
Painting of Walls etc.
166. The occupier shall cause the internal surface of every wall, the underside of every ceiling or roof and all fittings as may be directed in and on the premises to be cleaned and painted when instructed by an Environmental Health Officer.
Effluvia, Vapours or Gases
167. The occupier shall provide, use and maintain in a state of good repair and working order, appliances capable of effectively destroying or of rendering harmless all offensive effluvia, vapours or gases arising in any process of his business or from any material, residue or other substance which may be kept or stored upon the premises.
Offensive Material
168. The occupier shall -

(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 the covers on airtight 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 immediately in the receptacles;

(d) cause the contents of the receptacles to be removed from the premises at least once in every working day or at such other intervals as may be approved or directed by the Manager, Environmental Health & Regulatory Services or whenever so directed by a Environmental Health Officer; and

(e) cause all receptacles after being emptied to be cleaned with an efficient disinfectant.


Storage of Materials
169. The occupier shall cause all material on the premises to be stored so as not to be offensive or injurious to health whether by smell or otherwise and so as to prevent the creation of a nuisance.
Specified Offensive Trades
170. (1) For the purposes of this clause, "specified offensive trade" means one or more of the offensive trades carried on, in or connected with the following works or premises -

(i) fish processing premises (not including retail fish shops), fish canning premises, shellfish and crustacean processing premises (not including retail fish shops), and fish curing premises; and

(ii) laundries, dry cleaning premises and dye works.
(2) Where premises are used for or in relation to a specified offensive trade, the occupier shall-

(a) cause the floor of the premises to -

(i) be properly paved and drained with impervious materials;

(ii) have a smooth surface; and

(iii) have a fall to a bucket trap or spoon drain in such a way that all liquids falling on the floor shall be conducted by the trap or drain to a drain inlet situated inside the building where the floor is situated; and

(b) cause the angles formed by the walls with any other wall, and by the wall with the floor, to be coved to a radius of not less than 9.5 millimetres.

(c) cause all liquid refuse to be -

(i) cooled to a temperature not exceeding 26 degrees Celsius and in accordance with the Metropolitan Water Supply and Drainage By-Laws 1981 before being discharged into any drain outlet from any part of the premises; and

(ii) directed through such screening or purifying treatment as the Manager, Environmental Health & Regulatory Services may from time to time direct.
Directions
171. (1) The Manager, Environmental Health & Regulatory Services may give to the occupier directions to prevent or diminish the offensiveness of a trade or to safeguard the public health.
(2) The occupier shall comply with any directions given under this clause.
Other Duties of Occupier
172. In addition to the requirements of this Division, the occupier shall comply with all other requirements of this Part that apply to the particular offensive trade or trades carried on by him.
Division 3 – Fish Premises
Interpretation
173. In this Division, unless the context otherwise requires -
"appliance" includes a utensil, an instrument, a cover, a container or apparatus;
"fish" means fresh fish, frozen fish, chilled fish and cooked fish, whether cleaned, uncleaned or part cleaned and includes crustaceans and molluscs, but does not include -

(a) fish which has been cured, preserved, hermetically canned or treated to prevent putrefaction; or

(b) cleaned fish supplied in cartons or packets by a packer and sold in such cartons or packets if they are at all times kept in a deep freeze refrigeration unit at a temperature not exceeding minus 15  Celsius;
“fish curing” means the process where fish may be part cleaned, scaled or cut up for preservation by salting, drying, smoking or other means;
“fish premises” may include a fish processing establishment, fish canning premises, fish curing establishment and a shellfish and crustacean processing establishment, but not a retail shop;
“fish processing” means a process whereby fish are cleaned, part cleaned, scaled or cut up;
"fish transport vehicle" includes -

(a) an appliance attached to, carried in or used in connection with a vehicle; and

(b) a trailer and a portable box,

used or designed to be used for the transport or storage of fish; and


"portable box" means a box for the transport or storage of fish and includes a fish transport vehicle.
Cleaning facilities
174. The occupier of a fish premises shall provide, in or easily accessible from each fish preparation room, cleaning facilities consisting of a double bowl stainless steel wash trough of adequate size to accommodate the equipment and utensils used on the premises, connected to a piped supply of hot and cold water.
Fish Preparation Room
175. (1) The occupier of a fish premises shall provide a fish preparation room that shall comply with the requirements of the Health (Food Hygiene ) Regulations 1993; and-

(a) the minimum floor area shall be 9 square metres;

(b) the room shall be fly-proofed and provided with ample light and ventilation; and

(c) the room shall have a self-closing door.


(2) The occupier shall ensure that all fish are prepared in the fish preparation room and that room is to be used solely for that purpose.

Bench
176. The occupier of a fish premises shall provide and maintain on the premises a separate impervious bench for the handling of fish.
Disposal of Waste
177. The occupier of a fish premises shall cause all offal and wastes, all rejected and unsaleable fish and any rubbish or refuse which is likely to be offensive or a nuisance to be -

(a) placed in the receptacles referred to in clause 170 and disposed of in accordance with that clause; or

(b) kept in a frozen state in an approved enclosure before its removal from the premises.
Fish Containers
178. The occupier of a fish premises shall not allow any box, basket or other container used for the transport of fish to -

(a) remain on the premises longer than is necessary for it to be emptied; or

(b) be kept so as to cause a nuisance or to attract flies.
Cooking of Fish
179. Where cooking of fish is carried out in a fish premises, the occupier shall provide and maintain an exhaust ventilation system as set out in the Health (Food Hygiene) Regulations 1993, which shall be of an approved design and construction and so situated as to capture and remove all effluvia, odours and smoke from the process of cooking and shall discharge in such manner and in such a position that no nuisance is created.
Use of an Approved Portable Box
180. The Manager, Environmental Health & Regulatory Services may permit an approved portable box to be used for the transport or storage of fish.
Fish Transport Vehicle
181. A person shall not use a fish transport vehicle for the transport or storage of fish unless it is so constructed, equipped and maintained that -

(a) the frame is made of wood or metal;

(b) all internal surfaces -

(i) are made of metal or approved impervious plastic substance, which may include stainless steel, aluminium, galvanised iron, zinc anneal, fibre glass, or other material of similar strength and impermeable qualities;

(ii) are smoothly finished;

(iii) are rigidly secured with a solid backing; and

(iv) have floor and vertical angles coved with not less than a 25 millimetre radius,

but, if all necessary floor joints are effectively sealed, the surface of the floor, or part of it, may be of an approved tread type track material;

(c) internal horizontal joints made between metal sheeting are lapped from top to bottom and either -

(i) continuously welded; or

(ii) lapped with a minimum of 40 millimetres cover secured with blind rivets and sealed with a durable, non-absorbent sealing material;

(d) the vehicle is effectively insulated with a stable insulating material;

(e) the vehicle has, at the rear or side, doors that are made in the manner provided by paragraphs (a),(b),(c) and (d) of this clause, are close fitting, and have a suitable locking device fitted;

(f) the vehicle is fitted with shelves and grids, made of impervious material, in such a manner that the shelves and grids may be easily removed;

(g) any containers used in the vehicle for fish are made of stainless steel, fibre glass or approved impervious plastic; and

(h) the vehicle is in good repair and condition and is thoroughly clean.


Division 4 - Laundries, Dry Cleaning Establishments

And Dye Works
Interpretation
182. In this Division, unless the context otherwise requires -
"dry cleaning establishment" -

(i) means premises where clothes or other articles are cleaned by use of solvents without using water; but

(ii) does not include premises in which perchlorethylene or arklone is used as dry cleaning fluid in a machine operating on a full cycle and fully enclosed basis;
"dye works" means a place where articles are commercially dyed, but does not include dye works, which have approval from a licensed water service operator, for the discharge of all liquid waste there from, into the sewer of the licensed water service operator;
"exempt laundromat" means a premises in which –

(a) laundering is carried out by members of the public using, on payment of a fee, machines or equipment provided by the owners or occupiers of those establishments;

(b) laundering is not carried out by those owners or occupiers for or on behalf of other persons; and

(c) provision is made for the discharge of all liquid waste there from into a public sewer.


"laundromat" means a public place with coin operated washing machines, spin dryers or dry cleaning machines; and
"laundry" means any place where articles are laundered by commercial grade machinery but does not include a laundromat.
Receiving Depot
183. An owner or occupier of premises shall not use or permit the premises to be used as a receiving depot for a laundry, dry cleaning establishment or dye works except with the written permission of the Manager, Environmental Health & Regulatory Services who may at any time by written notice withdraw such permission.
Reception Room
184. (1) The occupier of a laundry, dry cleaning establishment or dye works shall -

(a) provided a reception room in which all articles brought to the premises for treatment shall be received and shall not receive or permit to be received any such articles except in that room; and

(b) cause such articles as may be directed by an Environmental Health Officer to be thoroughly disinfected to the satisfaction of the officer.
(2) A person shall not bring or permit food to be brought into the reception room referred to in this clause.
Walls and Floors
185. The occupier of a laundry, dry cleaning establishment or dye works shall cause -

(a) the internal surfaces of all walls to be rendered with a cement plaster with steel float finish or other approved material to a height of 2 metres and to be devoid of holes, cracks and crevices;

(b) the floor to be impervious, constructed of concrete and finished to a smooth surface, 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

(c) every floor and wall of any building on the premises to be kept at all times in good order and repair, so as to prevent the absorption of any liquid which may be splashed or spilled or may fall or be deposited on it.



Escape of Dust
186. The occupier of a dry cleaning establishment shall provide effective means to prevent the escape into the open air of all dust or other material from the premises.
Precautions Against Combustion
187. The occupier of a dry cleaning establishment where volatile liquids are used shall take all proper precautions against combustion and shall comply with all directions given by an Environmental Health Officer for that purpose.
Trolleys
188. The occupier of a dry cleaning establishment shall -

(a) provide trolleys for the use of transporting dirty and clean linen; and

(b) ensure that each trolley is -

(i) clearly designated to indicate the use for which it is intended;

(ii) lined internally with a smooth impervious non-absorbent material that is easily cleaned; and

(iii) thoroughly cleaned and disinfected on a regular basis.


Sleeping on Premises
189. A person shall not use or permit any room in a laundry, dry cleaning establishment or dye works to be used for sleeping purposes.
PART 10 - PENALTIES
Penalties other than Part 8
190. (1) A person who contravenes a provision of these Local Laws commits an offence.
(2) A person who commits an offence under sub-clause (1) is liable to -

(a) a penalty which is not more than $1,000 and not less than -

(i) in the case of a first such offence, $100;

(ii) in the case of a second such offence, $200; and

(iii) in the case of a third or subsequent such offence, $500; and

(b) if the offence is a continuing offence, a daily penalty which is not more than $100 and not less than $50.


Schedule 1
City of South Perth
HEALTH ACT 1911
APPLICATION FOR REGISTRATION OF A LODGING HOUSE
To: Chief Executive

City of South Perth


I/We, __________________________________________________________________________________

(Full name of Applicant/s)

of _____________________________________________________________________________________

(Residential Address of Applicant/s)

apply for the registration of premises situated (or to be situated) at _________________________________
_______________________________________________________________________________________
as a lodging house to be classified as specified below;-


- a lodging house;




- a short term hostel;




- a recreational campsite; or




- serviced apartments


and for my name to be entered in the Register as the keeper of the lodging house.
DESCRIPTION OF LODGING HOUSE
Number of storeys____________________

Rooms for private use

Type of Room

Number

Area

Laundries/toilets/bathrooms







Bedrooms







Dining Rooms







Kitchens







Sitting Rooms







Other (Specify)








Rooms for lodgers

Type of Room

Number

Area

Bedrooms







Dining Rooms







Kitchens







Sitting Rooms







Other (Specify)








Sanitary Conveniences for male lodgers

Type of Facilities

Number

Toilets




Urinals




Baths




Showers




Wash hand basins





Sanitary Conveniences for female lodgers

Type of Facilities

Number

Toilets




Baths




Showers




Wash hand basins





Laundry Facilities

Type of Fixture

Number

Wash troughs




Washing machines




Drying cabinets or clothes lines (metres)





Additional Details
(a) Lodgers' meals will be provided by the manager/keeper/lodgers.
(b) The keeper will/will not reside continuously on the premises.
(c) Name and occupation of proposed manager if keeper resides elsewhere - _______________________
________________________________________________________________________________________
(d) There will be ________________ family members residing on the premises with the keeper/manager.
Application fee of $__________________ is attached.
____________________________________________ _______________________________

(Signature of Applicant/s) (Date)



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