City of Armadale Health By-laws 1996 (WA)

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WESTERN
AUSTRALIAN

GOVERNMENT A
azet

PERTH, FRIDAY 12 JULY 1996 No. 96 SPECIAL

PUBLISHED BY AUTHORITY JOHN A. STRIJK. ACTING GOVERNMENT PRINTER AT 3.15 PM

HEALTH ACT 19 11
CITY OF ARMADALE HEALTH

BY-LAWS 1996

12 July 19961 GOVERNMENT GAZETTE, WA 3287

PART 1-PRELIMINARY

1. Citation
2. Repeal
3. Interpretation

PART 2-SANITATION
Division 1 4 a n i t a r y 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-Bathroom, Laundries and Kitchens

15. Bathrooms 16. Laundries 17. Washing or Keeping of Clothes in Kitchens
18. Kitchens

PART 3-HOUSING AND GENERAL
Division l-Maintenance of Houses

19. Dwelling House Maintenance
20. Gutterings and Downpipes and Disposal of Rainwater
21. Maintenance of Rainwater Disposal Facilities

Division 2-Ventilation of Houses

22. Exemption for Short Term Hostels
23. Overcrowding
24. Calculate Sufficient Space
25. Ventilation
26. Sub-Floor Ventilation

Division 3-Water Supply

27. Water Supply
28. Rain Water Tanks
29. Wells
30. Pollution

Division 4 4 e c o n d h a n d Furniture, Bedding and Clothing

31. Prohibition on Sale
32. Prohibition of Possession

Division 5-Morgues

33. Morgues

PART 4-WASTE FOOD AND REFUSE

Division 1-Liquid Refuse

34. Definition
35. Deposit of Liquid Refuse
36. Disposal of Liquid Waste
37. Approval for Septic Tank Pumpouts

Division 2-Disposal of Refuse

38. Definition
39. Prescribed Area
40. Receptacles
41. Exemption
42. Building Construction
43. Use of Receptacles
44. Ownership of Receptacles
45. Use of Other Containers
46. Suitable Enclosure
47. Deposit of Refuse
48. Removal from Refuse Disposal Site
49. Removal of Rubbish from Premises or Receptacle
50. Burning Rubbish or Refuse

3288 GOVERNMENT GAZETTE, WA [l2 July 1996

Division 3-Transport of Butchers' Waste
Interpretation
Restriction of Vehicles
Transport of Butchers' Waste
PART 5-NUISANCES AND GENERAL
Division 1-Nuisances

Interpretation
Footpaths etc, to be kept clean
Escape of Smoke etc.
Public Vehicles to be kept clean
Prohibition against Spitting
Transportation, Use and Storage of Offal or Blood
Use or Storage of Fertiliser
Storage and Despatch of Artificial Fertiliser
Storage of Fertiliser in a House

Division 2-Keeping of Animals

Cleanliness
Animal Enclosures
Slaughter of Animals
Disposal of Dead Animals

Division 3-Keeping of Large Animals

Interpretation
Stables
Proximity of Animals to a Dwelling House
Manure Receptacle

Division 4-Keeping of Poultry and Pigeons

Interpretation
Limitation on Numbers of Poultry and Pigeons
Conditions of Keeping Poultry
Roosters, Peafowls & Geese
Pigeons or Doves
Removal of Non-Conforming Structure or Enclosure
Restrictions on Pigeon Nesting or Perching

Division 5-Car Parks

Interpretation
Ventilation
Exhaust Air Discharge Points and Exhaust Registers
Car Park Attendant Booths

PART 6-PEST CONTROL
Division l-Flies

Interpretation
Fly breeding matter not to be left on Premises unless Covered or Treated
Measures to be taken by an Occupier

Officer may give Notice directing measures to be Taken Division 2-Mosquitoes
Council may Execute Work and Recover Costs
Interpretation
Premises to be kept free of Mosquito Breeding Matter
Measures to be taken by an Owner or Occupier
Measures to be taken by Occupier
Removal of Undergrowth or Vegetation
Filling in Excavations etc.
Drains, Channels and Septic Tanks
Drainage of Land
Division 3-Rodents

, Interpretation
, Measures to be taken to eradicate Rodents

, Waste food etc. to be kept in rodent proof Receptacles
, Restrictions on materials affording harbourage for Rodents

99. Eating house etc. to be cleaned after Use
Division 4-Cockroaches

100. Interpretation
101. Responsibility to eradicate Cockroaches

Division 5-Argentine Ants

102. Interpretation
103. Measures to be taken to keep premises free from Argentine

1 2 July 19961 GOVERNMENT GAZETTE, WA 3289

Division 6-European Wasps
Interpretation
Measures to be taken to keep premises free from European Wasp Nests

Division 7-Bee Keeping

Interpretation
Limitation on numbers of Hives
Restrictions on keeping of Bees in Hives
Bees which cause a nuisance not to be kept

Division 8-Vectors of Disease

Interpretation
Responsibility of the Owner or Occupier

PART 7-INFECTIOUS DISEASES

Division I -General Provisions

Environmental Health Officer may visit, inspect and report
Requirements on owner or occupier to clean, disinfect and disinfest
Environmental Health Officer may disinfect or disinfest premises
Insanitary houses, premises and things
Medical Officer may authorise disinfecting
Persons in contact with an infectious disease sufferer
Declaration of infected house or premises
Destruction of infected animals
Disposal of a body
Council may carry out work and recover costs

Division 2-Disposal of used condoms and needles

Disposal of used condoms Disposal of used needles

Division 3-Thttooing Establishments

Interpretation
Health (Skin Penetration) Regulations 1987
Duties on owner or occupier

PART 8-FOOD PREMISES

Division l -Genera l

Interpretation
Classification of Eating Houses

Division 2-Registration and Licensing of Eating Houses, Itinerant Vendors
Requirement for Registration and Licensing
Registration of an Eating House
Prescribed Date
Certificate of Registration
Application for Licence to Conduct an Eating House
Licence to Conduct an Eating House
Application for transfer of Licence

Power to Grant or Refuse an application for Transfer
Register of Particulars of Registration and Licence
Period of Registration and Licence
Itinerant Food Vendor's Licence
Power to refuse and cancel registration of an eating house
Power to refuse and cancel licences to proprietors

Division 3-Restaurants

Sanitary Conveniences for Patrons
Exemptions

PART 9-LODGING HOUSES

Division l-Registration

Interpretation
Lodging House not to be kept unless registered
Application for registration
Approval of application
Renewal of registration
Notification upon sale or transfer
Revocation of registration

Division 2-Construction and Use Requirements

General Construction Requirements
Sanitary conveniences
Laundry
Kitchen

3290 GOVERNMENT GAZETTE, WA [l2 July 1996
155. Cooking Facilities
156. Dining Room
157. Lounge Room
158. Fire prevention and control
159. Obstruction of passages and stairways
160. Fitting of locks
161. Restriction on use of rooms for sleeping

162. Sleeping Accommodation-Short Term Hostel & Recreational Campsites
163. Furnishing etc. of sleeping apartments
164. Ventilation
165. Numbers to be placed on Doors

Division 3-Management and Care

166. Keeper or manager to reside in the lodging house
167. Register of lodgers
168. Keeper report
169. Certificate in respect of sleeping accommodation
170. Duplicate keys and inspection
171. Room occupancy
172. Infectious disease
173. Maintenance of a room by a lodger or resident
174. Cleaning and maintenance requirements
175. Responsibilities of lodgers and residents
176. Approval for storage of food
PART 10-OFFENSIVE TRADES
Division l--General

177. Interpretation
178. Consent to Offensive Trade
179. Notice of Application
180. Registration of Premises
181. Certificate of Registration
182. Change of Occupier
183. Alterations to Premises
184. Occupier Includes Employee
Division 2--General Duties of an Occupier

185. Interpretation
186. Cleanliness
187. Rats and Vermin
188. Sanitary Conveniences and Wash Basins
189. Painting of Walls etc.
190. Effluvia, Vapours or Gases
191. Offensive Material
192. Storage of Materials
193. Specified Offensive Trades
194. Directions
195. Other Duties of Occupier

Division 3-Fat Rendering Establishments

196. Interpretation
197. Exhaust Ventilation
198. Covering of Apparatus
199. Rendering of Walls

Division 4-Fish Curing & Processing and Crustacean & Shellfish
Processing Establishments

200. Interpretation
201. Fish Preparation Room
202. Hand Wash Basin
203. Bench
204. Disposal of Waste
205. Fish Containers
206. Cooking of Fish
207. Fly Screening
208. Storage
209. Hygiene
210. Use of an Approved Portable Box
211. Fish Transport Vehicle
212. Cleanliness
213. Prohibitions

Division 5-Flock Factories

214. Interpretation
215. New and Used Material
216. Collection and Removal of Dust

12 July 19961 GOVERNMENT GAZETTE, WA 3291
217. Building Requirements
218. Unclean Rags
219. Bedding and Upholstery

Division 6-Laundries, Dry Cleaning Establishments And Dye Works

220. Interpretation
221. Receiving Depot

222. Reception Room 223. Walls and Floors 224. Laundry Floor
225. Escape of Dust
226. Precautions Against Combustion
227. Trolleys
228. Sleeping on Premises

Division 7-Slaughter Houses

229. Interpretation
230. Conditions of Slaughter
231. Ventilation
232. Removal of Wastes
233. Holding of Animals Prior to Slaughter
234. Animals not to be kept in Proximity
235. Inspection of Carcasses
236. Precautions

Division 8-Artificial Manure Depots

237. Interpretation
238. Storage of Manure
239. Emission of Dust & Effluvia
240. Prevention of Nuisances

Division 9-Poultry Farming Employing the Caged System of Poultry Housing

241. Interpretation
242. Restrictions
243. Disposal of Carcasses

Division 10-Bone Mills

244. Interpretation
245. Confinement Within Building
246. Processing
247. Storage

Division 11-Places for Storing, Drying or Preserving Bones, Hides, Hoofs or Skins
248. Prevention of Effluvia

Division 12-Fat Melting, Fat Extracting or Tallow Melting Establishments

249. Provision of Covers
250. Impervious Walls

Division 13-Blood Drying

251. Storage of Blood

Division 14--Gut Scraping, Gut Spinning and Preparation of Sausage Skins

252. Storage of Material 253. Odour Minimisation 254. Cleansing of Implements
255. Cleansing of Premises

Division 15-Fellmongeries

256. Interpretation
257. Decomposed Skin

258. Prevention of Offensive Emissions
259. Removal of Offensive Material
260. Removal of Waste Lime

Division 16-Manure Works

261. Interpretation
262. Storage of Manures

Division 17-Piggeries

263. Interpretation
264. Restriction on Establishment of New Piggeries
265. Existing Piggeries
266. Prohibitions
267. Management
268. Construction & Amenities
269. Feed Troughs

3292 GOVERNMENT GAZETTE, WA [l2 July 1996
270. Water Supply
271. Slat Floors
272. Disposal of Dead Pigs
273. Disposal of Washdown Wastes

Division 18-Rabbit Farms Employing the Caged System of Rabbit Housing

274. Interpretation
275. Restriction on Establishment of New Rabbit Farms
276. Construction & Amenities
277. Ventilation
278. Management
279. Removal of Manure
280. Removal of Dead Rabbits
281. Disposal of Wastes
282. Storage of Manure
283. Disposal of Carcasses

Division 19-Places Used for Dealing in Scrap Metal, Other than by Heat, for
the Recovery of Metal

284. Interpretation
285. Prohibition
286. Debris
287. Provision of Bins
PART 11-OFFENCES AND PENALTIES

288. Penalties other than Part 8
289. Penalties for Part 8
SCHEDULES OF FORMS AND FEES

1. APPLICATION FOR REGISTRATION OF AN EATING HOUSE
2. CERTIFICATE OF REGISTRATION OF AN EATING HOUSE
3. APPLICATION FOR A LICENCE TO CONDUCT AN EATING HOUSE
4. APPLICATION FOR TRANSFER OF A LICENCE TO CONDUCT AN EATING HOUSE

5. LICENCE TO CONDUCT AN EATING HOUSE
6. APPLICATION FOR LICENCE AS ITINERANT FOOD VENDOR
7. LICENCE AS ITINERANT FOOD VENDOR
8. APPLICATION FOR REGISTRATION OF A LODGING HOUSE
9. CERTIFICATE OF REGISTRATION OF A LODGING HOUSE

10. NOTICE OF CHANGE OF OWNER OF A LODGING HOUSE
11. REGISTER OF LODGERS
12. LIST OF LODGERS
13. CERTIFICATE OF SLEEPING ACCOMMODATION
14. CERTIFICATE OF SLEEPING ACCOMMODATION FOR A LODGING HOUSE WITH MORE THAN 20 SLEEPING APARTMENTS

15. APPLICATION FOR CONSENT TO ESTABLISH AN OFFENSIVE TRADE

16. APPLICATION FOR REGISTRATION OF PREMISES FOR OFFENSIVE TRADE
17. CERTIFICATE OF REGISTRATION OF PREMISES FOR OFFENSIVE TRADE
18. PRESCRIBED FEES
19. TABLE STIPULATING SETBACK DISTANCES FOR PIGGERIES
20. PRESCRIBED TIPPING FEES

12 July 19961 GOVERNMENT GAZETTE. WA 3293

HEALTH ACT 191 1

THE CITY OF ARMADALE HEALTH
BY-LAWS 1996

Pursuant to the powers under the Health Act 1911, the Council of the City of Armadale makes the following By-laws.

PART 1-PRELIMINARY

Citation
1. These By-laws may be cited as "The City ofArmadale Health By-laws 1996",
Repeal
2. The City of Armadale Health By-Laws, as adopted by publication in the Government
Gazette of 20 March 1964 and as amended from time to time and the By-laws-Eating from time to time are repealed.
Interpretation
3. (1) In these By-laws, unless the context otherwise requires-

"Act" means the Health Act 1911 and includes subsidiary legislation made under the Health Act 191 1 ;
"adequate supply of water2'means a flow of water of not less than 4.5 litres per minute;
"approved" means approved by the Principal Environmental Health Officeq
"AS" means Australian Standard published by the Standards Association of Australia;
"Building Code" means the Building Code ofAustralia as adopted by theBuilding Regu-
lations 1989 made under the Local Government Act 1960;

"Council" means the Council of the City of Armadale;
"district" means the municipal district of the City of Armadale and includes any area
placed under the jurisdiction of the Council 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 Council under theAct and includes anActing orAssistant Environmental Health
Officeq
"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, corri- dor, 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 a t a temperature of a t least 75 degrees Celsius;
"Medical Officer" means the Medical Officer appointed by the Council under the Act
and includes an Acting Medical Officer so appointed;

"Principal Environmental Health Officer" means an Environmental Health Officer ap- pointed by the Council to the office of Principal Environmental Health Officer and includes an Acting Principal Environmental Health Officer;
"public place" includes every place to which the public ordinarily have access, whether by payment or 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 conven- iences;
"sewage" means any kind of sewage, nightsoil, faecal matter or urine, and any waste composed wholly or in part of liquid;

3294 GOVERNMENT GAZETTE, WA [ l 2 July 1996
"sewer" includes sewers and drains of every description, except drains to which the wordadrain" as defined in the Act applies, also water channels constructed of stone, brick, concrete, or any other material, including the property of a local authority; "street"inc1udes 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;
"Town Clerk" means the City ManagerITown Clerk of the City of Armadale and in- cludes an Acting Town Clerk;

"water" means drinking water within the meaning of the Guidelines for Drinking Wa- ter Quality In Australia-1987 as published by National Health and Medical Re-
search Council Standard; and

"window" means a glass panel, roof light, glass brick, glass louvre, glazed sash, glazed door, or other device which transmits natural light directly from outside a building to the room concerned with in the closed position.
(2) Where in these By-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 By-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 pre- venting 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 Council to conduct the festival; or
(b) responsible for the conduct of the festival;

"public sanitary convenience" means a sanitary convenience to which the public ordi- narily 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 sanitary convenience required by this By-Law shall be located within 90m of, and no more than one storey removed from, the persons for whom they are pro- vided, and must be accessible to those persons.
(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 eas-
ily 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

12 July 19961 GOVERNMENT GAZETTE. WA 3295

(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) Except where otherwise provided under Clause (3) of this By-Law, 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 Clause (l), the number of a particular sanitary convenience to be pro- vided 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 or where not more than 20,000 people are expected to attend for a period of less than four hours, shall provide sanitary conveniences of a number as directed by the Principal Environmental Health Officer,
Toilets
8. (1) Toilets on premises shall be maintained in accordance with the following require-
ments-

(a) the door to a toilet, other than an internal toilet, shall be properly screened to a continuous height of 1.8 metres from the floor;
(b) a toilet or its entrance which is visible from overlooking windows shall be properly screened;
(C) the floor of any internal toilet shall be-
(i) of concrete or of other approved impervious material of an approved thick- ness; and

(ii) graded to a floor waste outlet and proper discharge pipe with flap valve fitted and, where necessary, protected by an approved sump; and

(d) the floor of any external toilet shall be-
(i) of concrete or of other approved impervious material of an approved thick- ness; and

(ii) graded to the door or alternatively an approved outlet.

(2) Toilets on premises other than a dwelling house shall be maintained in accordance with the following additional requirements-

(a)

a toilet for the exclusive use of males shall not adjoin any toilet for the exclusive use of females unless the toilets are separated by a wall extending from floor to ceiling and of sufficient density to blanket sound;

(b)

where more than one toilet is provided on the premises, 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 Principal Environmental Health Officer, and ensure the site is left clean.

3296 GOVERNMENT GAZETTE. WA [ l2 July 1996
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 Toilets
11. (1) A toilet in any premises shall be ventilated in accordance with the Sewerage (Light-
ing, Ventilation and Construction) Regulations 1971 and the Building Code and shall be-

(a)

mechanically ventilated to external air, through a fully enclosed duct at a mini- mum rate of 25 litres per second per fixture, but in no case less than 10 air changes per hour; or
(b) naturally ventilated to the external air by the provision of-
(i) fixed and permanently ventilated windows or skylights;
(ii) fixed glazed louvered windows; or
(iii) wall or ceiling vents, ducted as directly to the outside air as is practical and boxed throughout,

situated in both the room in which the toilet is located and any adjacent airlock.
(2) A mechanical ventilation system provided under Clause (l)(a) shall-

(a)

be separate and distinct from any other system of mechanical ventilation in the building;
(b) be of an exhaust type;

(C) where it is provided for a building of more than 2 storeys, shall have a ventilating
fan and power unit in duplicate; and
(d) be maintained in good working order and condition.
(3) A natural ventilation system provided under Clause(l)(b) shall have-
(a) a clear ventilation area of not less than 150 square centimetres per fixture; and

(b)

a window of light transmitting area equivalent to not less than ten percent of the floor area.
(4) A toilet with an entrance opening from-
(a) a room used for the manufacturer, storage or consumption of food;
(b) a room used for sleeping or other domestic activities; or

(C) a room used as a work place,
shall be mechanically ventilated as required by Clause(l)(a) and the entrance shall be fit-
ted with a door having an efficient self closing device.

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 using a public sanitary convenience shall where the convenience has been
provided by the Council and a charge for its use has been levied, forthwith pay that charge.
(3) A person shall not live or sleep in or on the premises in which a public sanitary con-
venience 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 ad- equate supply of water.
(2) Every temporary sanitary convenience shall be drained into the public sewer or treated by an approved chemical method.

12 July 19961 GOVERNMENT GAZETTE. WA 3297

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; 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 Clause(1) shall be-
(a) of concrete or of other approved impervious material of an approved thickness;

(b)

properly surfaced with an even fall to a floor waste, suitably trapped and discharg- ing to-
(i) the Water Corporation Sewer;

(ii) a proper discharge pipe with flap valve fitted and, where necessary, protected
by an approved sump;or
(iii) a treatment system approved pursuant to the provisions of the Treatment of
Sewage and Disposal of Effluent and Liquid Waste Regulations.

(3) All baths, showers, hand basins and similar fittings shall be provided with an ad- equate 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 of other approved impervious material of an approved thick-
ness;

(d)

is properly surfaced, with an even fall to a floor waste, suitably trapped and dis- charging to-
(i) the Water Corporation Sewer; or

(ii) a proper discharge pipe with flap valve fitted and, where necessary, protected
by an approved 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 Clause(1) shall
have-
(a) either-
(i) two wash troughs and one copper; 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 not less than 20 metres of clothes line erected externally.

(3) All wash troughs, sinks, coppers and washing machines shall be-
(a) in a laundry and connected to an adequate supply of hot and cold water; and
(b) properly supported,
and all wash troughs and sinks shall have a capacity of at least 36 litres.

(4) Sole or multiple occupancy units, each being a separate dwelling, shall have-

(a) laundry facilities, in accordance with the Building Code, for the exclusive use of the occupants of each unit; or
(b) a separate laundry, with communal laundry facilities in accordance with the Build- ing Code, for up to 4 sole occupancy units that do not have their own laundry facili- ties.
(5) 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 ex- tending from the floor to the roof or ceiling.
(6) 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 810 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.

3298 GOVERNMENT GAZETTE, WA [ l 2 July 1996
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 and an oven with a capacity of not less than 5 litres per person usually accommodated in the house with a mini- mum capacity of 30 litres; or

(b)

a microwave oven of such design and size as is deemed suitable by the Principal Environmental Health Officer; 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.
(4) In this By-law, a "cooking facility" includes a stove, oven, facility or appliance used for or in connection with the cooking of food.
PART 3-HOUSING AND GENERAL
Division l-Maintenance of Houses

Dwelling House Maintenance
19. The owner or occupier of a dwelling house shall maintain the house and any appurte-
nant buildings in sound condition and fit for use and, in particular, shall-
(a) maintain all roofs, guttering and downpipes in sound weatherproof condition;

(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 the directions of an Environmental Health Officer 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 or ant caps which are missing or defec- tive;
(g) maintain all ventilators in good order and repair;

(h) maintain all floors even in surface and free from cracks;
(i) maintain all ceilings, internal wall finishes, skirtings, architraves and other fix- tures 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 natu- ral lighting, below the ratio of 10% of the floor area;
(1) maintain all pipes, fittings and fixtures connected with water supply, drainage or sewerage so that they comply in all respects with the provisions of the Metropolitan Water Supply, Sewerage and Drainage Act 1909 and 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 the Office of Energy.
Gutterings and Downpipes and Disposal of Rainwater
20. Unless exempted in any particular respect by Council, the owner of a house shall ensure
that-

(a)

the house is provided with adequate guttering, downpipes and drains sufficient to receive without overflow all rainwater flowing into them and for all rain water to be effectively disposed of to the satisfaction of the Principal Environmental Health Officeq

(b)

the gutterings and downpipes are fixed to the eaves of every roof of the house so that all rain water flowing from the roof shall be received by such guttering and downpipes;

12 July 19961 GOVERNMENT GAZETTE. WA 3299

(C) all downpipes from gutterings are connected so as to discharge into drains having a diameter of not less than 90mm, which shall empty into a local authority stormwater drain, soak wells or leach drains according to the following specifications;
(i)  Where connection to a local authority stormwater drain is available, the house stormwater drain shall be connected to a concrete sump, 600 mm in diameter and 600 mm deep, installed within the boundary of the land on which the house is situated, with such sump being connected to the local authority stormwater drain by stormwater pipe of minimum diameter 90 mm.
(ii)  Where connection to a local authority stormwater drain is not available, con- nection shall be made to a system of soak wells, leach drains, or a combina- tion of both, as deemed appropriate by the local authority. Such soak wells or leach drains shall have a total capacity at least equal to 130 litres per 10 square metres of roof or surfaced area from which stormwater is discharged, shall be interconnected, and shall be provided with such overflow and relief outlets as are required by the local authority, having given due regard to individual site conditions.
(iii)  The soak wells or leach drains referred to in Sub-Clause (ii) shall be located not less than 1.8m clear of any building or lot boundary.

Maintenance of Rainwater Disposal Facilities
21. The owner or occupier of a house shall-

(a)

maintain all guttering, downpipes and drains on the premises in a good state of repair, clean and free from obstruction; and

(b)

not permit any rainwater from the premises to discharge onto or over a footpath, street or other property.

Division 2-Ventilation of Houses

Exemption for Short Term Hostels
22. This Division shall not apply to short term hostels referred to in Division 2 of Part 9.
Overcrowding

23.
The owner or occupier of a house shall not permit- (b) a habitable room in the 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 1 and 10 years there is at least 8 cubic metres of air space per person; or

(C) any garage or shed to be used for sleeping purposes.
Calculate Sufficient Space
24. For the purpose of By-law 23, 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; and

(b) a deduction shall be made for the space occupied by furniture, fittings and projec- tions of the walls into a room.
Ventilation
25. (1) A person shall not use or occupy, or permit to be used or occupied, a house unless the
house is properly ventilated.
(2) For the purpose of Clause(1) a house shall be deemed to be properly ventilated if it complies with the Building Code, including the provision of-
(a) natural ventilation; or
(b) a mechanical ventilation or air-conditioning system complying with AS1668.2.
(3) The owner of a house provided with a mechanical ventilation or air-conditioning sys- tem shall ensure that the system is-
(a) maintained in good working condition and in accordance with AS3666-1989; and
(b) in use at all times the building is occupied.
(4) If, in the opinion of the Principal Environmental Health Officer, a house is not prop- erly ventilated, the Council may by notice require the owner of the house to-
(a) provide a different, or additional method of ventilation; or
(b) cease using the house until it is properly ventilated.
(5) The owner shall comply with a notice under Clause(4).
Sub-Floor Ventilation
26. The owner or occupier of a house shall make provision for sub-floor ventilation by ensur- ing that air bricks and other openings are kept clear of refuse, vegetation, building materi- als, dirt and the like.

3300 GOVERNMENT GAZETTE. WA [ l2 July 1996

Division 3-Water Supply

Water Supply
27. (1) The owner of a house shall ensure that it is connected with a separate and independ- ent water supply from the mains of the Water Corporation or other supply to the satisfac- tion of the local authority.
(2) The water supply shall at all times deliver an adequate supply of drinking water to each tap in the house.
Rain Water Tanks
28. The owner or occupier of a house from which part of the water supply is drawn from a
rain water tank shall-
(a) maintain in a clean condition-
(i) the roof forming the catchment for the tank; and
(ii) the guttering and downpipes appurtenant to the roof;

(b)

ensure that each rain water tank is fitted with a tight fitting mosquito proof cover which shall not be removed at any time except for the purpose of cleaning, repair- ing or maintaining the tank;

(c)

at least once in each year, thoroughly clean any tank the water from which is used for human consumption;

(d)

when directed by an Environmental Health Officer, empty, clean and disinfect any tank upon the premises, the water from which is used for human consumption.
Wells
29. The owner or occupier of any premises shall not use or permit for human consumption
the use of the water of any bore or well unless the bore or well is-
(a) a t least 30 metres from any soak well or other possible source of pollution; and

(b)

covered with a tight-fitting cover without openings of any sort other than those essential for the insertion of a pump.

Pollution
30. A person shall not deposit on or under any land, any sewage, offensive matter or any
other thing which may pollute or render unfit for human consumption, water from a well or
other underground source.
Division 4--Secondhand Furniture, Bedding and Clothing

Prohibition on Sale
31. A person shall not offer for sale or sell any secondhand furniture, bedding or clothing
which is filthy or verminous.
Prohibition of Possession
32. A dealer in secondhand furniture, bedding or clothing shall not have on any premises used for the operation of the business any secondhand furniture, bedding or clothing which is filthy or verminous.

Morgues Division 5-Morgues
33. The proprietor of any premises for the temporary reception and keeping of the bodies of
the dead awaiting burial or cremation shall ensure that-

(a)

provision has been made for the keeping of the bodies of the dead at a temperature not exceeding zero degrees Celsius;
(b) the walls are constructed of stone or brickwork or other approved material;

(C) the interior surface of all walls is covered with glazed tiles or is rendered impervi-
ous so as to be non absorbent and washable;

(d)

all floors are constructed of some impervious material, having a fall to an outlet discharging over a trapped gully; and

(e)

the premises are adequately ventilated by direct communication with the outside air.

PART 4-WASTE FOOD AND REFUSE

Division l-Liquid Refuse

Definition
34. In this division, unless the context otherwise requires- "liquid refuse" includes all washings from windows and vehicles, overflow, bleed off,
condensate and drainage from air conditioning equipment including cooling towers and evaporative coolers and other liquid used for cooling purposes and swimming pool discharges;

12 July 19961 GOVERNMENT GAZETTE. WA 3301
"liquid waste" means bathroom, kitchen, scullery and laundry wastes, all washings from animal and poultry pens and any other domestic or trade wastes that are discharged by means of a drain to a receptacle for drainage; and
"licensed transporter" means a transporter licensed under the Health (Liquid Waste) Regulations 1993.
Deposit of Liquid Refuse
35. A person shall not deposit or cause or permit to be deposited liquid refuse or liquid
waste-

(a) on a street;
(b) in a stormwater disposal system; or

(C) on any land or place other than a place or depot duly authorised for that purpose.
Disposal of Liquid Waste
36.(1) The owner or occupier of premises shall-

(a)

provide, by one of the methods prescribed in this By-law, for the disposal of all liquid waste produced on the premises; and

(b)

at all times maintain in good working order and condition any apparatus used for the disposal of liquid waste.
(2) Liquid waste shall be disposed of by one of the following methods-

(a)

discharging it into the sewerage system of the Water Corporation in a manner ap- proved by that Corporation;

(b)

discharging it into an apparatus for the treatment of sewage and disposal of efflu- ent and liquid waste approved by the Executive Director, Public Health and the Council;
(C) collection and disposal at an approved liquid waste disposal site in a manner ap-
proved by the Executive Director Public Health.
Approval for Septic Tank Pumpouts

37. A person shall not-
(a) unless he or she is a licensed transporter;

(b)

except in accordance with any terms and conditions imposed by the Council or the Executive Director, Public Health
collect, remove or dispose of the contents of a septic tank, the pumpouts from holding tanks
or an apparatus for the treatment of sewage.

Division 2-Disposal of Refuse

Definition
38. In this division, unless the context otherwise requires- "builder", includes the person or persons or firm or corporation who shall be the holder
of any building licence issued in respect of such building works and shall also in- clude any person or persons or firm or corporation who shall be in effective control of such building site whether or not such person or persons or firm or corporation shall be the holder of any such licence.;

"collection day", where used in connection with any premises, means the day when
rubbish or refuse is collected and removed from the premises by the Council or its
contractor;
"building line", means the line between which and any public place or public reserve a building may not be erected except by or under the authority of an Act;
"commercial swill" means food residues or wastes of a liquid or semi-liquid or of an offensive nature from commercial kitchens, manufacturers, shops, abattoirs, mar- kets, or any place (other than private residential premises) where food is proc- essed;
"kerb line", means the point where the road carriageway joins the road verge;
"rubbish or refuse" includes any filth, dirt, ashes vegetation, garden refuse, waste material, waste food, sludge, offensive matter, cinders, wood or metal shavings and sawdust but does not include liquid waste or liquid refuse;

"refuse disposal site" means land set apart by the Council under the Act as a site for the deposit of rubbish or refuse;
"receptacle", where used in connection with any premises, means-

(a)

a polyethylene or other approved material cart fitted with wheels, a handle and a lid and having a capacity of a t least 120 litres; or

(b)

a container provided by the Council or its contractor for the deposit, collec- tion and recycling of specific materials,
and supplied to the premises by the Council or its contractor;

"public place" includes a street, way and place which the public are allowed to use, whether the street, way or place is or is not on private property;

3302 GOVERNMENT GAZETTE. WA [ l2 July 1996
"street" includes-
a highway; and a thoroughfare; which-
the public are allowed to use;
and includes every part of the highway or thoroughfare, and other things including
bridges and culverts, appurtenant to it; and

Prescribed Area
39. The whole of the municipal district of the City of Armadale is prescribed as an area within which no person shall, unless authorised to do so by the local authority, remove any household waste from premises.
Receptacles
40. An owner or occupier of premises shall-

(a)

at all times keep the lid of the receptacle closed except when depositing rubbish or refuse or cleaning the receptacle;

(b)

except for a reasonable period before and after collection, keep the receptacle on the premises and located-
(i) behind the building line; or
(ii) in such position as approved by the local authority;

(c)

by 7.00am on collection day place the receptacle between the premises and the kerb line, within lm of the kerb line and positioned so that the receptacles faces squarely to the road, with the wheels and handles located on the further side from the road, but so that it does not obstruct any footpath, cycleway, right-of-way or carriageway;

(d)

if the receptacle is lost, stolen, damaged or defective, notify the Council within 2 days after the event, and if the loss or damage is caused by or due to negligence of the occupier, pay to the Council or its contractor such replacement fee as deter- mined by the Council; and

(e)

ensure that the premises are provided with such number of receptacles as is deter- mined by an Environmental Health Officer to be adequate.
Exemption
41. (1) An owner or occupier of premises may apply in writing to the Local Authority for an
exemption from compliance with the requirements of By-law 40(b) or (c).
(2) The Local Authority may grant or refuse, with or without conditions, an application for exemption for compliance under this By-law.
(3) An exemption granted under this By-law shall state-
(a) the premises to which the exemption applies;
(b) the period during which the exemption applies; and
(c) any conditions imposed by the Local Authority
(4) An exemption granted under this By-law shall cease to apply if and when the person

to whom it is granted fails to comply with a condition of the exemption. Building Construction 42. (1) During all periods of construction on any building site-

(a)

The builder shall provide and maintain on such site a rubbish disposal bin ap- proved by the local authority being either-

- a bin of not less than 4 cubic metres in capacity; or
- a bin of not less than 200 litres in capacity in which case such bin shall have
an effectively operating lid.

(b) The builder shall keep such site free of rubbish and offensive manner, whether temporary or otherwise.
(C) The builder shall maintain the street verge immediately adjacent to such site free
of rubbish or offensive matter, whether temporary or otherwise.
(d) The builder shall on completion of construction immediately clear the site and the street verge immediately adjacent thereto of all rubbish and offensive matter and shall remove therefrom all or any rubbish disposal bins placed thereon by the builder.
(2) In this By-law the word "rubbish" shall be deemed to include stones, bricks, lime, timber, iron, tiles, bags, plastics and any broken, used or discarded matter whatsoever whether of the same kind or type or otherwise;
Use of Receptacles
43. An owner or occupier of premises shall- (a) not deposit or permit to be deposited in a receptacle-
(i) more than 70 kilograms of rubbish or refuse;
(ii) hot or burning ash;

12 July 19961 GOVERNMENT GAZETTE. WA 3303
oil motor spirit or other flammable liquid;
liquid, paint or other solvent;
bricks, concrete, building rubble, earth or other like substances;
drugs, dressings, bandages, swabs or blood samples unless placed in a sealed
impervious and leak-proof container;
hospital, medical, veterinary, laboratory or pathological substances contain-
ing blood unless placed in a sealed impervious and leak proof container;
syringes, needles, surgical hardware, broken glass, sharps or other sharp
objects unless placed in a sealed impervious leak-proof and impenetrable
container;
cytotoxics, radioactive substances and dangerous chemicals;
commercial swill, sewage, manure, nightsoil, faeces or urine;
any object which is greater in length, width, or breadth than the correspond-
ing dimension of the receptacle or which will not allow the lid of the recepta-
cle to be tightly closed; or
rubbish or refuse which is or is likely to become offensive or a nuisance, or
give off an offensive or noxious odour, or to attract flies or cause fly breeding
unless it is first wrapped in non-absorbent or impervious material or placed
in a sealed impervious container;
unless authorised by the local authority, not mark or disfigure the receptacle in any manner other than by the placement of a street number or other identifying mark; a t all times keep the receptacle in a clean condition;
whenever directed to do so by an Environmental Health Officer, thoroughly clean,
disinfect, deodorise and apply a residual insecticide to the receptacle;
take all reasonable steps to prevent-
(i) fly breeding and keep the receptacle free of flies, maggots, cockroaches, ro- dents and vermin; and

(ii) the emission of offensive and noxious odours from the receptacle; and
ensure that the receptacle does not cause a nuisance to the occupiers of adjoining
premises.

Ownership of Receptacles
44. (1) A receptacle supplied by the Council or its contractor remains the property of the
Council or its Contractor, as the case may be.
(2) A person, other than the Council or its contractor, shall not-
(a) damage, destroy or interfere with a receptacle; or

(b)

except as permitted by this By-law or as authorised by the Local Authority, remove a receptacle from any premises to which it was delivered by the Local Authority or its contractor.
Use of Other Containers
45. (1) In the case of premises consisting of more than 3 dwellings, any premises used for commercial or industrial purposes or as a food premises, an Environmental Health Officer

may authorise rubbish or refuse to be deposited in a container other than a receptacle.
(2) The owner or occupier of premises who is authorised under this By-law to deposit rubbish or refuse in a container shall-
unless approved by an Environmental Health Officer, not deposit or permit to be
deposited in the container anything specified in By-law 43(a)(ii)-(xii);
take all reasonable steps to prevent fly breeding in, and the emission of offensive or
noxious odours from, the container;
whenever directed by an Environmental Health officer to do so, thoroughly clean,
disinfect, deodorise and apply a residual insecticide to the container;
cause the container to be located on the premises in an enclosure constructed and
located as approved by an Environmental Health Officeq
ensure that the container is not visible from the street but is readily accessible for
the purposes of collection; and
ensure that the container does not cause a nuisance to an occupier of adjoining
premises.

(3) An owner or occupier shall-

(a)

provide a sufficient number of containers to contain all commercial swill, rubbish and refuse which accumulates or may accumulate in or from the premises;
(b) ensure that each container on the premises-
(i) has a close fitting lid;
(ii) is constructed of non-absorbent and non-corrosive material; and

3304 GOVERNMENT GAZETTE. WA [ l2 July 1996

(iii) is clearly marked, for the use of, and is used only for, the temporary deposit of
either-
(A) commercial swill; or
(B) rubbish or refuse;

(c) keep or cause to be kept each container thoroughly clean and in good condition and repair;
(d) place any commercial swill in, and only in, a container marked for that purpose; (e) place any rubbish or refuse in, and only in, a container marked for that purpose;

(f) keep the cover on each container except when it is necessary to place something in,
or remove something from, it; and
(g) ensure that the container are emptied a t least weekly or as directed by an Environ-
mental Health Officer.
Suitable Enclosure
46. (1) An owner or occupier of premises-

(a) consisting of more than 4 dwellings that have not been provided with individual receptacles; or
(b) used for commercial, industrial purposes, or as an eating house or food premises, that have been provided with receptacles, shall-
(c) if required by the local authority-
(i) provide a suitable enclosure for the storage and cleaning of receptacles on the premises; and

(ii) install in the enclosure a tap connected to an adequate supply of water. (iii) on the day of collection comply with the requirements of By-Law 40(C).

(2) An owner or occupier of premises required to provide a suitable enclosure under this By-Law shall keep the enclosure thoroughly clean and disinfected.
(3) For the purposes of this By-Law, a "suitable enclosure" means an enclosure-

(a)

of sufficient size to accommodate all receptacles used on the premises but in any event having a floor area not less than a size approved by the local authority;

(b)

constructed of brick, concrete, corrugated compressed fibre cement sheet or other material of suitable thickness approved by the local authority;

(c)

having walls not less than 1.5 metres in height and having an access way of not less than 1 metre in width and fitted with a self closing gate;
(d) containing a smooth and impervious floor-
(i) of not less than 75 millimetres in thickness; and
(ii) which is evenly graded to an approved liquid refuse disposal system; and

(e) which is easily accessible to allow for the removal of the receptacles.
Deposit of Refuse
47. (1) A person shall not deposit or cause or permit to be deposited any rubbish or refuse in
or on any street or on any land other than a refuse disposal site.

(2) A person shall not deposit rubbish or refuse in or on a refuse disposal site except a t such place on the site as may be directed by the person in charge of the site.
(3) The driver of a vehicle, upon entering upon any land set aside by the Council for the purpose of depositing refuse, shall make payment to the gate attendant of the fee pre- scribed by Schedule 20.
(4) Where the material being deposited is, in the opinion of the officer designated as being responsible by Council, suitable for use in the operation of the landfill site, the fee referred to in Clause (3) may be waived.
Removal from Refuse Disposal Site
48. (1) A person shall not remove any rubbish or refuse from a refuse disposal site without
the written approval of the Council.
(2) A person who obtains approval from the Council shall comply with any conditions imposed by the Council and set out in the approval.
Removal of Rubbish from Premises or Receptacle
49. (1) A person shall not remove any rubbish or refuse from premises unless that person
1s-
(a) the owner or occupier of the premises;
(b) authorised to do so by the owner or occupier of the premises; or

(C) authorised in writing to do so by the Council.
(2) A person shall not, without the approval of the Council or the owner of a receptacle, remove any rubbish or refuse from the receptacle or other container provided for the use of the general public in a public place.

12 July 19961 GOVERNMENT GAZETTE. WA 3305
Burning Rubbish or Refuse
50. (1) A person shall not set fire to, or cause to be set on fire, any rubbish or refuse whether
in an incinerator or on the ground other than when the material to be burnt-

(a) does not include any plastic, rubber, food scraps green garden materials or other material which causes the generation of smoke or odour in such quantity as to cause a nuisance to other persons;
(b) is of such quantity, or of such a nature, as not to be suitable for removal by the Council's refuse collection service and there is no other appropriate means of dis- posal.
(2) Burning shall not take place during any period for which an air dispersion alert has been issued.

(3) An incinerator must meet the minimum standards specified in AS 1875-1976 and
must be located at least 3m from any fence or building.

Division 3-Transport of Butchers' Waste

Interpretation
51. In this Division, unless the context otherwise requires- "butchers' waste" includes animal skeletons, rib cages and the products of a slaughter
house or boning room.

Restriction of Vehicles

52.
A person shall not use, for the transport of butchers' waste- (b) anything intended to be used for the packing or handling of food or drugs,
Transport of Butchers' Waste
53.(1) A person shall not transport butchers' waste otherwise than in-
(a) a compartment complying with the following specifications-
(i) the floor and 4 walls to be made of sheet metal and the walls to be not less than 910 millimetres high;

(ii) all joints to be welded, soldered or brazed and made water-tight;

(iii) the loading doors, if any, to be water-tight and kept closed at all times except when loading; and
(iv) the top to be completely covered by a tarpaulin or other impervious sheet material approved by the Principal Environmental Health Officer, carried over, and secured to the outside of the walls at least 300 millimetres from the top so as to keep the load out of sight of the public; or

(b) a water-tight metal container fitted with a lid which can be tightly closed.

(2) A person shall not transport any butchers' waste in a vehicle unless the vehicle and its fittings, including the compartment or container referred to in this By-law, are-
(a) maintained in good order and condition; and

(b) thoroughly cleaned at the conclusion of each day's work.

(3) A person shall not load, transport, or unload butchers' waste in a manner that is or may be offensive due to-
(a) the sight of animal skeletons, bones, offal or waste matter;
(b) the odour of putrefaction, offal or waste matter; or

(C) the presence of blood and particles of flesh or fat dropping onto the surface of the
street pavement or ground.

PART 5-NUISANCES AND GENERAL
Division 1-Nuisances

Interpretation
54. In this Division, unless the context otherwise requires- "fertiliser" includes manure.
Footpaths etc, to be kept clean
55. An owner or occupier of premises shall maintain in a clean condition a footpath, pave-
ment, area or right of way immediately adjacent to the premises.
Escape of Smoke etc.
56. (1) Subject to Clause (2), an owner or occupier of premises shall not cause or permit the escape of smoke, dust, fumes, offensive or foul odours, liquid waste or liquid refuse from the premises in such quantity or of such a nature as to cause or to be a nuisance.
(2) Clause (1) does not apply to smoke from the chimney of a private dwelling house.

3306 GOVERNMENT GAZETTE. WA [ l2 July 1996
Public Vehicles to be kept clean
57. The owner or person in control of a public vehicle shall- (a) maintain the vehicle a t all times-
(i) in a clean condition; and
(ii) free from vermin and insects; and

(b)

whenever directed to do so by an Environmental Health Officer, thoroughly clean and disinfect the vehicle as directed.
Prohibition against Spitting

58.
A person shall not spit- (b) in a train, bus or other public transport.
Transportation, Use and Storage of Offal or Blood
59. A person shall not transport or store offal or blood, for the purpose of being used as
manure, unless it has been sterilised by steam and properly dried.
Use or Storage of Fertiliser
60. An owner or occupier of premises shall not use or keep for the purpose of use, as ferti-
liser any-
(a) human faeces;
(b) urine; or
(c) material likely to cause a nuisance to other persons by virtue of offensive odour.
Storage and Despatch of Artificial Fertiliser
61. An owner or occupier of premises where artificial fertiliser is stored in bulk for sale
shall-
(a) keep all artificial fertiliser in a building-
(i) of which the walls, floors and ceilings or undersides of the roof are constructed of durable and non absorbent materials finished internally with a smooth surface; and

(ii) free from damp and properly ventilated;

(b)

take proper precautions to prevent the emission of dust or offensive effluvia from the building; and
(C) ensure that all artificial fertiliser despatched from the premises is packed in such a
manner as to prevent any nuisance arising during transit.
Storage of Fertiliser in a House
62. The owner or occupier of a house where fertiliser or compost is stored or used shall- (a) prevent the escape of odours, dust or particles of fertiliser or compost;

(b)

treat the fertiliser or compost in such a manner as to effectively prevent it attract- ing or being a breeding place for flies or other insects; and
(c) store only such amounts of fertiliser or compost-

(i) as can be readily used within a reasonable period; or
(ii) as may be directed by the Principal Environmental Health Officer.

Division 2-Keeping of Animals

Cleanliness
63. An owner or occupier of premises in or on which a dog, cat or other animal or bird is kept
shall -

(a)

keep the premises free from excrement, filth, food waste and all other matter which is or is likely to become offensive or injurious to health or to attract rats, vermin or insects;

(b)

when so directed by an Environmental Health Officer, clean and disinfect the premises; and

(c)

keep the premises, so far as possible, free from flies or insects by spraying with a residual insecticide or other effective means.
Animal Enclosures
64. (1)A person shall not keep or cause or permit to be kept any animals or birds on premises which are not effectively drained or of which the drainage flows to the walls or foundations of any building.
(2) The owner or occupier of premises where animals or birds are kept shall, when di- rected by the Principal Environmental Health Officer, pave, grade and drain the floors of all structures and the surface of the ground of all enclosures used for the keeping of animals or birds.

12 July 19961 GOVERNMENT GAZETTE. WA 3307
Slaughter of Animals
65. (1) Subject to Clause (2), a person shall not slaughter any animal within the district, other than on premises registered as a slaughter house pursonant to Division 1 of Part 10.
(2) Clause (1) does not apply to:

(i) euthanasia of animals by veterinarians or other duly authorised persons

(ii) slaughter of stock kept on rural premises by the owner or occupier of those premises provided that the flesh or carcases of animals slaughtered is not sold to any other person.

Disposal of Dead Animals
66. (1) An owner or occupier of premises on which there is a dead animal shall immediately
remove the carcass and arrange for its disposal at an approved disposal site or furnace.
(2) An owner, or a person having the care, of any animal that dies or is killed in a public or private place shall immediately remove the carcass and arrange for its disposal at an ap- proved disposal site or furnace.

Division 3-Keeping of Large Animals

Interpretation
67. In this Division, unless the context otherwise requires- "approved animal" means a horse, cow, sheep or goat the subject of an approval by
Council under by-law 68;

"cow" includes an ox, calf or bull;
"horse" includes an ass, mule, donkey or pony.
Stables
68. (1) An owner or occupier of premises other than in a rural zone shall not keep a horse,
cow, sheep or goat on those premises without the written approval of the Council.
(2) An owner or occupier of premises who has approval to keep a horse or cow pursuant to Clause (1) shall provide for its use a stable which shall-
(a) not be situated within 15 metres of a house or other premises;
(b) have a proper separate stall-
(i) for each horse or cow; and
(ii) the floor area of which shall be a minimum of 10 square metres;

(C) have each wall and roof constructed of an impervious material;

(d)

have on all sides of the building between the wall and the roof a clear opening of at least 150 millimetres in height;
(e) have a floor, the upper surface of which shall-
(i) be raised at least 75 millimetres above the surface of the ground;
(ii) be constructed of cement, concrete or other similar impervious materials; and
(iii) have a fall of 1 in 100 to a drain which shall empty into a trapped gully situated outside the stable and shall discharge in a manner approved by the

Principal Environmental Health Officer,

(3) The owner or occupier of premises on which a stable is located shall-

(a) maintain the stable in a clean condition and clean, wash and disinfect it when so directed by an Environmental Health Officer;
(b) keep all parts of the stable so far as possible free from flies or other insects by spraying with a residual insecticide or other effective means; and
(C) when so ordered by the Principal Environmental Health Officer, spray the stable,
or such parts as may be directed, with a residual insecticide.
(4) Other than in a Rural Zone, an owner or occupier of premises shall not keep a pig on those premises.
(5) Except with the express written approval of the Council, an owner or occupier of premises shall not keep more than one pig other than on premises registered as a piggery pursuant to the provisions of Division 1 of Part 10.
Proximity of Animals to a Dwelling House
69. The owner or occupier of premises shall not permit an approved animal to approach within 15 metres of a dwelling house or premises upon which food for subsequent sale, either directly or indirectly, is stored, handled, produced or prepared.
Manure Receptacle
70.An owner or occupier of premises on which an approved animal is kept shall-

(a)

provide in a position convenient to the stable a receptacle for manure, constructed of smooth, durable, impervious materials, provided with a tight fitting hinged cover, and with no part of the floor lower than the surface of the adjoining ground;

3308 GOVERNMENT GAZETTE. WA [ l2 July 1996

(b)

keep the lid of the receptacle closed except when manure is being deposited or removed;

(c)

cause the receptacle to be emptied at least once a week and as often as may be necessary to prevent it becoming offensive or a breeding place for flies or other insects;

(d)

keep the receptacle so far as possible free from flies or other insects by spraying with a residual insecticide or other effective means; and

(e)

cause all manure produced on the premises to be collected daily and placed in the receptacle.

Division 4-Keeping of Poultry and Pigeons

Interpretation
71. In this Division, unless the context otherwise requires- "affiliated person" means a person who is a member of a properly constituted Pigeon
Club;

"poultry" includes fowls, turkeys, ducks and other domestic fowls, but does not include peafowls, geese or roosters;
Limitation on Numbers of Poultry and Pigeons

72.
Other than in a Rural Zone, an owner or occupier of premises- (b) unless he or she is an Affiliated Person, shall not keep more than 20 pigeons;

(C) who is an Affiliated Person, may, with the written approval of the Council, keep up
to 100 pigeons;
on any one lot of land.
Conditions of Keeping Poultry
73. A person who keeps poultry or permits poultry to be kept shall ensure that--
no poultry is able to approach within 15 metres of a dwelling house, public building or premises where people are employed or where food is stored, prepared, manufac- tured or sold;
all poultry is kept in a properly constructed and securely fastened structure or
enclosure;
the structure or enclosure is in a yard having an otherwise unobstructed area of a t
least 30 square metres; and
no poultry is able to approach within 18 metres of a street other than a right of way
unless, in the case of land a t the junction of two or more streets, Council has ap-
proved a lesser distance.
the enclosure is kept in clean condition a t all times.

Roosters, Peafowls & Geese
74. (1) Other than in a rural zone, no person shall keep a rooster, peafowl or goose on
premises unless he or she has been authorised in writing by the Council to do so.

(2)A person who has been authorised by the Council to keep a rooster, peafowl or goose on
any premises shall comply with any conditions associated with such authorisation which
may be imposed by the Council.
(3) The Council a t its absolute discretion may withdraw authorisation to keep a rooster, peafowl or goose a t any time.
Pigeons or Doves
75.A person who keeps, or permits to be kept, pigeons or doves shall ensure that-

(a)

none is able to approach within 15 metres of a dwelling, public building or premises where people are employed or where food is stored, prepared, manufactured or sold; and

(b)

except where registered homing pigeons are freed for exercise, the pigeons or doves are kept in a properly constructed pigeon loft or dove cote that--
(i) does not exceed 3.6 metres in height from the ground; and
(ii) is in a yard having an otherwise unobstructed area of at least 30 square metres.

Removal of Non-Conforming Structure or Enclosure
76. (1) If a structure or enclosure is used for the keeping of poultry or of pigeons or doves contrary to the provisions of By-law 75, the Principal Environmental Health Officer may direct the owner or occupier to remove it.
(2) An owner or occupier shall comply with a direction from the Principal Environmental Health Officer under this by-law.

12 July 19961 GOVERNMENT GAZETTE. WA 3309
Restrictions on Pigeon Nesting or Perching
77. (1) The Council may order an owner or occupier of a house in or on which pigeons are, or are in the habit of, nesting or perching to take adequate steps to prevent them continuing to do so.

(2) An owner or occupier shall comply with the Council order under this by-law.

Division 5-Car Parks
Interpretation
78. In this Division, unless the context otherwise requires- "attendant's booth" means a booth which is positioned inside a car park for the contain-
ment of a parking attendant;

"car park" means premises, or any part of premises, set aside for parking of 3 or more motor vehicles; and
"occupier" means a person having the charge, management or control of a car park.
Ventilation
79. (1) A person shall not use or occupy, or permit to be used or occupied, a car park unless
it is ventilated by either-
(a) natural ventilation; or
(b) mechanical means,
in accordance with AS1668.2 Part 2 1991.
(2) If, in the opinion of the Principal Environmental Health Officer, a car park is not properly ventilated, the Council may by notice require the occupier within a specified time to-
(a) provide a different or additional method of ventilation; and
(b) cease using the car park until it is properly ventilated.
(3) An occupier shall comply with a notice under Clause (2).
Exhaust Air Discharge Points and Exhaust Registers
80. An owner or occupier shall ensure that--

all exhaust air that is discharged from a car park shall be discharged-

(i) a t discharge points-
(A) in accordance with AS1668.2 Part 2 1991; and
(B) located so that the hourly average exhaust flow rate is not reduced
below the minimum requirement of ASl668.2 Part 2 1991;
(ii) at a velocity and in a direction so as not to be a danger to health or a nui- sance;

exhaust registers are located-
(i) as far as possible from the source of supply air; and
(ii) so as to draw effluent away from staff working in the attendant's booth;
in the case of a car park having a floor level below that of the external ground level,

their bottom edge located within 100 millimetres of the floor level; and a t least 50% of the required exhaust air is drawn into exhaust registers having any mechanical ventilation system is-
(i) maintained in good working condition; and
(ii) in operation at all times when the car park is in use.
Car Park Attendant Booths
81.(1) An owner or occupier shall ensure that an attendant's booth-
(a) is provided with a fresh air supply ventilation system-
(i) with air flow rates that give a minimum of 40 air changes per hour; and
(ii) which is in operation whenever the booth is occupied;

(b)

has intakes for fresh air located and arranged so that under all conditions of nor- mal operation adjacent sources of pollution do not reduce the quality of fresh air;
(C) has a capacity of not less than 5 cubic metres;

(d)

has all windows and doors, except at the toll taking area opening, closed at all times when an attendant is in the booth; and

(e)

has a toll taking opening that is of a minimum size that is practicably required to carry out the operation of toll paying.

(2) If, in the opinion of the Principal Environmental Health Officer, an attendant's booth is not properly ventilated in accordance with Clause (l),

the Council may by notice require
the occupier to cease using the booth until it is properly ventilated.
(3) An occupier shall comply with a notice under Clause (2).

3310 GOVERNMENT GAZETTE. WA [ l2 July 1996

PART 6-PEST CONTROL
Division 1-Flies

Interpretation
82. In this Division, unless the context otherwise requires- "flies" means any of the two-winged insects constituting the order Diptera commonly
known as flies.

Fly breeding matter not to be left on Premises unless Covered or Treated
83. An owner or occupier of premises shall not place, throw or leave, or permit or cause to be placed, thrown or left, in on or about the premises any matter or thing which is liable to attract or be a breeding place for flies, unless that matter or thing is covered, protected, treated or dealt with in such a manner as to effectively prevent it from attracting or being a breeding place for flies.
Measures to be taken by an Occupier
84.An owner or occupier of premises shall ensure that--

(a)

rubbish receptacles are kept clean and tightly sealed at all times except when refuse is being deposited or emptied;

(b)

food scraps and uneaten pet food are wrapped tightly and deposited in a rubbish receptacle without delay;
(C) lawn clippings used on gardens as mulch are raked out thinly;
(d) fertilizers are dug well into the soil;
(e) compost heaps are kept well covered;
(f) barbecues are kept clean and free from food scraps;

(g)

anything that is buried and may attract or be a breeding place for flies is covered with at least 100 millimetres of soil; and
(h) excrement from pets is collected and properly disposed of without delay.
Officer may give Notice directing measures to be Taken
85. Where in the opinion of an Environmental Health Officer flies are prevalent or are breeding on any premises, the Officer may give to the owner or occupier of the premises notice in writing directing him or her to take, within the time specified in the notice, such measures as in the opinion of the Officer are necessary to-
(a) control the prevalence;
(b) effect the eradication; or
(c) effectively prevent the breeding
of flies.
Council may Execute Work and Recover Costs
86. (1) Where-

(a) a person is required under this Division or directed by a notice given under By-law 85, to execute any work; and

(b) that person fails or neglects to comply with the requirement,
the Council may execute the work and may recover from that person the cost of executing the work, in addition to any penalty for which that person may be liable under this By-law.
(2) The costs and expenses incurred by the Council in the execution of a power under Clause(1) may be recovered in a court of competent jurisdiction from the person referred to in Clause(1).
(3) The Council shall not be liable to pay compensation or damages of any kind to the person referred to in Clause(1) in relation to any action taken by the Council under this by- law.
Division 2-Mosquitoes

Interpretation
87. In this Division, unless the context otherwise requires- "mosquitoes" means any of the two-winged insects constituting the family Diptera
Culicidae commonly known as mosquitoes.

Premises to be kept free of Mosquito Breeding Matter
88.An owner or occupier of premises shall keep the premises free of-

(a) refuse; and
(b) water located so as to be,
liable to become the breeding place of mosquitoes.

12 July 19961 GOVERNMENT GAZETTE. WA 3311
Measures to be taken by an Owner or Occupier
89.An owner or occupier of premises-

(a)

where there is a fountain, pool, pond or excavation of any kind which contains water suitable for the breeding of mosquitoes, shall keep the water-
(i) stocked with mosquito destroying fish; or
(ii) covered with a film of petroleum oil or other larvicide; and

(b) where there is a water tank, well, cistern, vat or barrel, shall-
(i) keep it protected with a mosquito-proof cover; and
(ii) screen all openings, other than the delivery exit, with wire mesh no larger than 1.2 millimetres.

Measures to be taken by Occupier
90. An occupier of premises where water is kept in a horse trough, poultry drinking vessel
or other receptacle shall-
(a) frequently change the water; and
(b) keep the water clean and free from vegetable matter and slime.
Removal of Undergrowth or Vegetation

the licence and the certificate of registration;

(b) if the holder of a licence changes his or her place of residence, he or she shall within 14 days notify the Town Clerk in writing of the change, and of a new place, of residence; and
(C) the holder of a licence shall notify the Town Clerk in writing-
(i) prior to the commencement of any alteration, addition or other work relating to the construction, drainage or ventilation of the eating house, giving de- tails of the proposed works; and

3344 GOVERNMENT GAZETTE. WA [ l2 July 1996
(ii) of any circumstances affecting the eating house which may result in food been, or having been, contaminated.

TRANSFER ENDORSEMENT

This licence is hereby transferred to ...................... .... ........................................................

of ................. .... ......................................................................................................................
from and including the date of this endorsement.

Dated the ........................................ day of ........................................... 19 ..........
Principal Environmental Health Officer
City of Armadale
(By-Law 139(2))
Schedule 6
City of Armadale Health Act 1911

APPLICATION FOR LICENCE AS ITINERANT FOOD VENDOR

To: City ManagerITown Clerk
City of Armadale Name (In Full) of Applicant: .....................................................................................................

Place of Residence: ....................... .... ...................................................................................
Place where Vehicle, Food and Trade Utensils are Stored: .....................................................
....................................................................................................................................................
Details of Vehicle or Means of Carriage: ..................................................................................

Dated this ........................ . . . . . . . . . . . . . . . day of ................. .... ...................... 19 ..........
(Signature of Applicant)

Telephone: ..................... .... ...

(By-Law 139(4))
Schedule 7
City of Armadale Health Act 1911

LICENCE AS ITINERANT FOOD VENDOR

This is to certify that .................................................................................................................

(Name)
of .................................................................................................................................................
(Address)

is hereby licensed as an itinerant food vendor within the Health District of the City of
Armadale.
This licence expires on the 30th day of June following the date of issue, unless this licence
is previously cancelled.

Date of issue: .................................................................................................. 19 ..........
Principal Environmental Health Officer
City of Armadale

12 July 19961 GOVERNMENT GAZETTE, WA 3345

(By-Law 146)

Schedule 8

City of Armadale Health Act 1911

APPLICATION FOR REGISTRATION OF A LODGING HOUSE

To: City ManagerITown Clerk
City of Armadale

I N e , ...........................................................................................................................................

(Full name of Applicanth)

....................................................................................................................................................

(Residential Address of Applicantls)

apply for the registration of premises situated (or to be situated) a t ...................................
as a lodging house to be classified as-
- a lodging house;
- a serviced apartment;
- a short term hostel; or
- a recreational campsite
(Specify which is to apply)

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

Number Area

Laundries/toilets/bathrooms ........................ ........................
Bedrooms ........................ ........................
Dining Rooms ........................ ........................
Kitchens ........................ ........................
Sitting Rooms ........................ ........................

Other (Specify) Rooms for lodgers

........................

Bedrooms ........................
Dining Rooms ........................
Kitchens ........................
Sitting Rooms ........................
Other (Specify) ........................
Sanitary Conveniences for male lodgers
Toilets Urinals Baths
Showers

Wash hand basins Sanitary Conveniences for female lodgers
Toilets Baths Showers
Wash hand basins Laundry Facilities
Coppers
Washtroughs
Washing machines
Drying cabinets or
clothes lines
Additional Details
(a) Lodgers' meals will be provided by the managerkeeper1 lodgers.
(b) The keeper willlwill not reside continuously on the premises1
(C) Name and occupation of proposed manager if keeper resides elsewhere-

(d) There will be ................... .... ......... family members residing on the premises
with the keeperlmanager.

Application fee of $ ................... ... .......... is attached.

..............................................................
(Signature of Applicantls)
(Date)

3346 GOVERNMENT GAZETTE. WA [ l2 July 1996
(By-Law 147)
Schedule 9
City of Armadale Health Act 1911

CERTIFICATE OF REGISTRATION OF A LODGING HOUSE

THIS is to certify that the premises situated a t .....................................................................

...................... .... ................................................................................... are registered as a
Lodging House and classified as:
- a lodging house
- a serviced apartment
- a short term hostel
- a recreational campsite

until 30 June 19 .........., on the following conditions:

4. That ........................ whose name is entered on the register of keepers of the City of
Armadale, continues to be the keeper of the lodging house;

5. that ........................ appointed by the keeper to be the manager of the lodging house,
continues to be the manager of the lodging house;

6 . that the Certificate of registration is not sooner cancelled or revoked;
7. that the maximum total number of rooms to be used as sleeping apartments for

lodgers is- ..................... and
8. that the maximum number of lodgers accommodated on the premises shall not exceed ...................

This Certificate or registration is issued subject to the Health Act and Health By-laws of
the City of Armadale and is not transferable.

Dated ............................................................................. 19 ..........
Principal Environmental Health Officer
City of Armadale

Fee received: $ .................... . . . . . . . ..........
(By-Law 149)
Schedule 10
City of Armadale

Health Act 1911

NOTICE OF CHANGE OF OWNER OF A LODGING HOUSE

To: City ManagerITown clerk
City of Armadale INe , ...........................................................................................................................................
(Full Name of Applicantls)
(Residential Address of Applicantls)

a d a r e the new ownerls of premises situated a t .....................................................................

which are registered in the name of .................. ... ...............................................................
....................................................................................................................................................
for the carrying on of the lodging house business.
..............................................................
(Signature of Applicantls)
(Date)

12 July 19961 GOVERNMENT GAZETTE. WA 3347

(By-Law 167)

Schedule 11

City of Armadale Health Act 1911

(Section 157)
REGISTER OF LODGERS

Location of Lodging House: ....................... .... ......................................................................

Date of Name Previous Signature Room Date of

Arrival Address No. Departure
(By-Law 168)

Schedule 12

City of Armadale Health Act 1911

LIST OF LODGERS

The City ManagerITown Clerk
The following is the name of every person who resided in the lodging house a t ..................

on the .......................... day of ....................... .... ...................... 19 ..........
(Signed) ..........................................

(Keeper)

Date: .....................................................

(By-Law 169)

Schedule 13

City of Armadale Health Act 1911

CERTIFICATE OF SLEEPING ACCOMMODATION

To : ...............................................................................................................................................

(Name of Keeper)

of .................................................................................................................................................

(Address of Keeper)

For the registered lodging house situated at:

This room, No. ..................... can be used as a sleeping apartment (for sleeping purposes

only) to accommodate not more than ........................ persons at any one time.

Date ...................... .... ......................
........................................................
Environmental Health Officer

3348 GOVERNMENT GAZETTE, WA [l2 July 1996
(By-Law 169)
Schedule 14
City of Armadale Health Act 1911

CERTIFICATE OF SLEEPING ACCOMMODATION FOR A LODGING HOUSE
WITH MORE THAN 20 SLEEPING APARTMENTS

To : ..................... ....................................................................................................................................................

..

.. ....

........................................................................................................
(Name of Keeper)
(Address of Keeper)

for the registered lodging house situated at ...................... .... ..........................................
The rooms listed below are not to be occupied by more than the number of lodgers or resi-
dents indicated below.

ROOM NUMBER: MAXIMUM OCCUPANCY
Date ......................................................
........................................................
Environmental Health Officer
(By-Law 178)
Schedule 15
City of Armadale Health Act 1911

APPLICATION FOR CONSENT TO ESTABLISH
AN OFFENSIVE TRADE

To: City ManagerITown Clerk
City of Armadale I N e , ...........................................................................................................................................
(Full Name of Applicantls)

....................................................................................................................................................

(Residential Address of Applicantls)

apply for consent to establish an offensive trade being ..........................................................
....................................................................................................................................................
(Description of Offensive Trade)

in or upon ...................................................................................................................................

(Location of the House or Premises)
Notice of mylour intention to make this application was advertised in ................................
....................................................................................................................................................
(Date of Advertisement)

the proposed offensive trade are attached.
on ................................................................................................................................................
..............................................................
(Signature of Applicantsls)
(Date)

12 July 19961 GOVERNMENT GAZETTE, WA 3349

(By-Law 180)

Schedule 16

City of Armadale Health Act 1911

APPLICATION FOR REGISTRATION OF PREMISES
FOR OFFENSIVE TRADE

To: City ManagerITown Clerk
City of Armadale

IiWe, ....................... .... ..........................................................................................................

(Full Name of Applicantls)

(Residential Address of Applicantls)

apply for registration, for the year ended ................................................................................

of ................. .... ......................................................................................................................

(Location of Premises)

being premises in or upon which there is (or is to be) carried on an offensive trade, namely
....................................................................................................................................................

(Description of Offensive Trade)

under the business name of ......................................................................................................

The prescribed registration fee of $ ......................... ... ............... is attached.
..............................................................
(Signature of Applicantsls)
(Date)

(By-Law 181)

Schedule 17

City of Armadale Health Act 1911

CERTIFICATE OF REGISTRATION OF PREMISES FOR
OFFENSIVE TRADE

This is to certify that the premises situated at .......................................................................
....................................................................................................................................................
of which ......................................................................................................................................

is the occupier, are registered for the carrying on of the trade of ....................... .... ..........

Trade Name ...............................................................................................................................

This registration expires on the ...................................................................... 19 ...........
Dated this ........................ .

Principal Environmental Health Officer . . . . . . . . . . . . . . day of ................. .... ...................... 19 ..........
City of Armadale
SCHEDULE 18 City of Armadale Health Act 1911

PRESCRIBED FEES

Schedule Description Prescribed Fee

2 Registration of an Eating House ............................... $270.00
5 Licence to Conduct an Eating House ........................ $30.00
5 Transfer Licence to Conduct Eating House .............. $30.00
7 Licence as Itinerant Food Vendor .............................. $180.00
9 Registration of a Lodging House ............................... $180.00

18 Registration of Offensive Trade ............................... As per regulation

Provided that, where the initial registration of an Eating House, Lodging House, or Offen- sive Trade, or the initial licensing of an itinerant Vendor, occurs after 30 September in any year, the fee payable shall be calculated by multiplying the number of unexpired quarters of the year by one quarter of the prescribed fee.

3350 GOVERNMENT GAZETTE. WA [ l2 July 1996
(By-Law 264)
SCHEDULE 19
CITY OF ARMADALE
HEALTH ACT 1911

TABLE STIPULATING SETBACK DISTANCES FOR PIGGERIES

Table indicating minimum distances between piggery buildings, enclosures and waste treat- ment and disposal areas and surrounding features.

Residential Isolated Public Neighbouring Surface Water Drinking Stock

Zones rural roads, rural water courses1 water irrigation

dwellings, recreation property supply rural water supply supply

dairies, areas boundanes catchments impoundments
industries

Piggeries and 5000m 300 m 200 m 50 m Notpermitted 300 m 300 m 100 m
facilities catering
for more than
5000 pigs

500-5000 pigs 3500m 300 m 150 m 50 m Notpermitted 300 m 300 m 100 m

50-500 pigs 2000m 300 m 100 m 50 m Notpermitted 300 m 300 m 100 m

Less than 50 pigs 500m 300 m 100 m 50 m Notpermitted 300 m 300 m 300 m
Land used to lOOOm 300 m 100 m 50 m Notpermitted 300 m 300 m 300 m
dispose of raw or
partly treated
wastes
Land used to 200m 50 m 20 m 20 m Notpermitted 100 m 100 m 100 m
dispose of
effectively treated
wastes
(By-Law 47)
SCHEDULE 20
CITY OF ARMADALE
HEALTH ACT 1911
PRESCRIBED TIPPING FEES

CARS & TRAILERS
1     Per car, utility, or trailer not exceeding 1.8m X 1.2m X 0.6m or quantities not exceeding one cubic metre, provided that person can produce a current tip

entry voucher as issued by the City of Armadale ......................... . . . . . . . . . . . . . . . ...... Nil
2      Per car, utility or trailer, not exceeding 1.8m X 1.2m X 0.6m or quantities

not exceeding one cubic metre, and that person does not produce a current
tip entry voucher as issued by the City of Armadale ........................................
3      Trailers not exceeding 1.8m X 1.2m but with loads greater than 0.6m high ...

4

Trailers not exceeding 2.5m X 1.5m X 0.6m high .................... .. .. .... .........
5      Trailers not exceeding 2.5m X 1.5m but with loads greater than 0.6m high ...
GENERAL WASTE (per tonne)
6      Domestic, putrescible or similar trade waste ....................................................

7

Brick rubble, scalpings .................... . . . . . . . . ..................................................
8

Tree lopping, vegetation, garden waste, sand .................... .... .....................

VEHICLE BODIES (each)
9      Car bodies from commercial or industrial undertakings ..................................

10

Car bodies from residential premises .................... .. ....................................
11 Truck bodies .........................................................................................................
BURIAL OF WASTE
12 Asbestos burial up to a maximum of 1 cubic metre ..........................................
13 Waste other than asbestos
a) First tonne or part thereof ..............................................................................
b) Each additional tonne .....................................................................................

12 July 19961 GOVERNMENT GAZETTE. WA 3351

$

SPECIAL CHARGES
Tyres (unprocessed) will be accepted only a) in small quantities

b)

from residents of the City of Armadale i) car tyres (each) ............................................................................................ 2.00

... ii) small truck tyres (each) ...................... .... .............................................. 4.00

111) truck tyres (each) ........................................................................................ 10.00

Animal Carcases

i) small animals (each) ................................................................................... 15.00

ii) large animals eg. cattle (each) ................................................................... 40.00

Large consignments and special disposals Price on application
In the event of the landfill site weighbridge breaking down due to power
failure, maintenance or repairs, the following fees shall apply for items
6-8 inclusive.

a) All vehicles carrying non-compacted waste; per wheel of truck &/or

trailer@) .................... . . . . . . . . ..................................................................... 10.00

b) All trailers carrying compacted waste; per wheel of truck &/or trailer(s) ... 15.00
(Burial surcharge; plus 50% of total of above rates)

GARDEN BAGS

18 a) Per bag ................... ... .................................................................................. 2.00

b) Maximum charge per load .............................................................................. 40.00
Passed by resolution at a meeting of the Council of the City of Armadale held on the 18th
day of March 1996.
Dated this 19th day of March 1996.
(Seal)
R. C. STUBBS, Mayor.
J. W. FLATOW, City Manager Town Clerk.
P, PSAILA-SAVONA, Executive Director Public Health.

Approved by His Excellency the Governor in Executive Council on this 2nd day of July
1996.

J. PRITCHARD, Clerk of the Council.

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Citations

City of Armadale Health By-laws 1996 (WA)

Cases Citing This Decision

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(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, corri- dor, lobby, photographic dark room, clothes-drying room, and other spaces of a specialised nature occupied neither frequently nor for extended periods;

(a)	the premises have sanitary conveniences in accordance with the Building Code and this Part;
(b)	the sanitary convenience required by this By-Law shall be located within 90m of, and no more than one storey removed from, the persons for whom they are pro- vided, and must be accessible to those persons.
(C)	the premises have hand wash basins-

(a)	the door to a toilet, other than an internal toilet, shall be properly screened to a continuous height of 1.8 metres from the floor;
(b)	a toilet or its entrance which is visible from overlooking windows shall be properly screened;
(C)	the floor of any internal toilet shall be-

(a)	a toilet for the exclusive use of males shall not adjoin any toilet for the exclusive use of females unless the toilets are separated by a wall extending from floor to ceiling and of sufficient density to blanket sound;
(b)	where more than one toilet is provided on the premises, the entrance to each toilet shall bear a suitable sign indicating for which sex its use is intended.

(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 Principal Environmental Health Officer, and ensure the site is left clean.

(C)	has a floor of concrete of other approved impervious material of an approved thick- ness;
(d)	is properly surfaced, with an even fall to a floor waste, suitably trapped and dis- charging to-

(b)	a clothes drying facility comprising either an electric clothes dryer or not less than 20 metres of clothes line erected externally.
(3) All wash troughs, sinks, coppers and washing machines shall be-

(a)	laundry facilities, in accordance with the Building Code, for the exclusive use of the occupants of each unit; or
(b)	a separate laundry, with communal laundry facilities in accordance with the Build- ing Code, for up to 4 sole occupancy units that do not have their own laundry facili- ties.

(a)	an electric, gas, wood or other fuel burning stove and an oven with a capacity of not less than 5 litres per person usually accommodated in the house with a mini- mum capacity of 30 litres; or
(b)	a microwave oven of such design and size as is deemed suitable by the Principal Environmental Health Officer; and

(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 the directions of an Environmental Health Officer to treat the premises for the purpose of destroying any termites;

(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 natu- ral lighting, below the ratio of 10% of the floor area;

(a)	the house is provided with adequate guttering, downpipes and drains sufficient to receive without overflow all rainwater flowing into them and for all rain water to be effectively disposed of to the satisfaction of the Principal Environmental Health Officeq
(b)	the gutterings and downpipes are fixed to the eaves of every roof of the house so that all rain water flowing from the roof shall be received by such guttering and downpipes;

(b)	ensure that each rain water tank is fitted with a tight fitting mosquito proof cover which shall not be removed at any time except for the purpose of cleaning, repair- ing or maintaining the tank;
(c)	at least once in each year, thoroughly clean any tank the water from which is used for human consumption;
(d)	when directed by an Environmental Health Officer, empty, clean and disinfect any tank upon the premises, the water from which is used for human consumption.

(C)	the interior surface of all walls is covered with glazed tiles or is rendered impervi- ous so as to be non absorbent and washable;
(d)	all floors are constructed of some impervious material, having a fall to an outlet discharging over a trapped gully; and
(e)	the premises are adequately ventilated by direct communication with the outside air.

(a)	discharging it into the sewerage system of the Water Corporation in a manner ap- proved by that Corporation;
(b)	discharging it into an apparatus for the treatment of sewage and disposal of efflu- ent and liquid waste approved by the Executive Director, Public Health and the Council;
(C)	collection and disposal at an approved liquid waste disposal site in a manner ap- proved by the Executive Director Public Health.

(a)	a polyethylene or other approved material cart fitted with wheels, a handle and a lid and having a capacity of a t least 120 litres; or
(b)	a container provided by the Council or its contractor for the deposit, collec- tion and recycling of specific materials,

(c)	by 7.00am on collection day place the receptacle between the premises and the kerb line, within lm of the kerb line and positioned so that the receptacles faces squarely to the road, with the wheels and handles located on the further side from the road, but so that it does not obstruct any footpath, cycleway, right-of-way or carriageway;
(d)	if the receptacle is lost, stolen, damaged or defective, notify the Council within 2 days after the event, and if the loss or damage is caused by or due to negligence of the occupier, pay to the Council or its contractor such replacement fee as deter- mined by the Council; and
(e)	ensure that the premises are provided with such number of receptacles as is deter- mined by an Environmental Health Officer to be adequate.

-	a bin of not less than 4 cubic metres in capacity; or
-	a bin of not less than 200 litres in capacity in which case such bin shall have an effectively operating lid.

(b)	The builder shall keep such site free of rubbish and offensive manner, whether temporary or otherwise.
(C)	The builder shall maintain the street verge immediately adjacent to such site free of rubbish or offensive matter, whether temporary or otherwise.
(d)	The builder shall on completion of construction immediately clear the site and the street verge immediately adjacent thereto of all rubbish and offensive matter and shall remove therefrom all or any rubbish disposal bins placed thereon by the builder.

(f)	keep the cover on each container except when it is necessary to place something in, or remove something from, it; and
(g)	ensure that the container are emptied a t least weekly or as directed by an Environ- mental Health Officer.

(a)	of sufficient size to accommodate all receptacles used on the premises but in any event having a floor area not less than a size approved by the local authority;
(b)	constructed of brick, concrete, corrugated compressed fibre cement sheet or other material of suitable thickness approved by the local authority;
(c)	having walls not less than 1.5 metres in height and having an access way of not less than 1 metre in width and fitted with a self closing gate;

(a)	does not include any plastic, rubber, food scraps green garden materials or other material which causes the generation of smoke or odour in such quantity as to cause a nuisance to other persons;
(b)	is of such quantity, or of such a nature, as not to be suitable for removal by the Council's refuse collection service and there is no other appropriate means of dis- posal.

(b)	take proper precautions to prevent the emission of dust or offensive effluvia from the building; and
(C)	ensure that all artificial fertiliser despatched from the premises is packed in such a manner as to prevent any nuisance arising during transit.

(a)	keep the premises free from excrement, filth, food waste and all other matter which is or is likely to become offensive or injurious to health or to attract rats, vermin or insects;
(b)	when so directed by an Environmental Health Officer, clean and disinfect the premises; and
(c)	keep the premises, so far as possible, free from flies or insects by spraying with a residual insecticide or other effective means.

(C)	have each wall and roof constructed of an impervious material;
(d)	have on all sides of the building between the wall and the roof a clear opening of at least 150 millimetres in height;

(a)	maintain the stable in a clean condition and clean, wash and disinfect it when so directed by an Environmental Health Officer;
(b)	keep all parts of the stable so far as possible free from flies or other insects by spraying with a residual insecticide or other effective means; and
(C)	when so ordered by the Principal Environmental Health Officer, spray the stable, or such parts as may be directed, with a residual insecticide.

(b)	keep the lid of the receptacle closed except when manure is being deposited or removed;
(c)	cause the receptacle to be emptied at least once a week and as often as may be necessary to prevent it becoming offensive or a breeding place for flies or other insects;
(d)	keep the receptacle so far as possible free from flies or other insects by spraying with a residual insecticide or other effective means; and
(e)	cause all manure produced on the premises to be collected daily and placed in the receptacle.

(b)	has intakes for fresh air located and arranged so that under all conditions of nor- mal operation adjacent sources of pollution do not reduce the quality of fresh air;
(C)	has a capacity of not less than 5 cubic metres;
(d)	has all windows and doors, except at the toll taking area opening, closed at all times when an attendant is in the booth; and
(e)	has a toll taking opening that is of a minimum size that is practicably required to carry out the operation of toll paying.
(2) If, in the opinion of the Principal Environmental Health Officer, an attendant's booth is not properly ventilated in accordance with Clause (l),	the Council may by notice require

(b)	if the holder of a licence changes his or her place of residence, he or she shall within 14 days notify the Town Clerk in writing of the change, and of a new place, of residence; and
(C)	the holder of a licence shall notify the Town Clerk in writing-

This licence is hereby	transferred to ...................... ....	........................................................
of	................. ....	......................................................................................................................