Health (Prescribed Accommodation) Regulations 1990 (Vic)
Version No. 002
Health (Prescribed Accommodation)
Regulations 1990
S.R. No. 81/1990
Version incorporating amendments as at 14 March 2000
TABLE OF PROVISIONS
Regulation Page
1. Title 1 2. Objectives 1 3. Authorising provisions 1 4. Definitions 1
PART 2—CLASSES OF PRESCRIBED ACCOMMODATION 4
5. Prescribed accommodation 4 6. Exemptions 4 PART 3—STANDARDS RELATING TO PRESCRIBED
ACCOMMODATION 5 Division 1—Prevention of Overcrowding 5
7. Overcrowding 5
Division 2—Maintenance and Cleanliness 6
8. Maintenance 6 9. Cleanliness 6
Division 3—Water Supply 7
10. Water supply 7 11. Drinking water 7
Division 4—Waste Disposal 8
12. Discharge of sewage and waste water 8 13. Refuse receptacles 8 14. Refuse disposal 8
Division 5—Toilet and Bathing Facilities in Existing Accommodation 8
15. Toilet and bathing facilities 9
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Regulation Page PART 4—REGISTRATION 10
16. Application for registration 10 17. Application for renewal of registration 10 18. Application for transfer 10 19. Certificate of registration or renewal 11 20. Transfers 11 21. Register of prescribed accommodation 11 PART 5—GENERAL REGULATIONS APPLYING TO
PRESCRIBED ACCOMMODATION 13
22. Register of occupants 13 23. Advertising 13 24. Changes of use 13 25. Penalty 14
PART 6—TRANSITIONAL, REVOCATION AND AMENDMENT 15
26. Transitional 15 27. Revocation 15 28. Amendment 16
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SCHEDULE—Forms 17 Form 1—Application for *Registration/*Renewal of Registration of
Prescribed Accommodation 17
Form 2—Application for Transfer of Registration of Prescribed
Accommodation 18
Form 3—Certificate of *Registration/*Renewal of Registration of
Prescribed Accommodation 19
Form 4—Endorsement 20
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NOTES 21 1. General Information 21 2. Table of Amendments 22 3. Explanatory Details 23
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Version No. 002
Health (Prescribed Accommodation)
Regulations 1990
S.R. No. 81/1990
Version as at 14 March 2000
PART 1—PRELIMINARY
1. Title
These Regulations may be cited as the Health
(Prescribed Accommodation) Regulations 1990.
2. Objectives
The objectives of these Regulations are—
(a)
to prevent overcrowding in prescribed accommodation; and
(b)
to ensure a reasonable standard of hygiene, sanitation and safety in prescribed accommodation; and
(c)
to minimise the risk of airborne and other communicable diseases among people living in prescribed accommodation.
3. Authorising provisions
These Regulations are made under sections 213,
376, 390(1) and 391 of the Health Act 1958.
4. Definitions
In these Regulations—
"Act" means the Health Act 1958;"facilities" includes toilets, bathrooms, laundries,
kitchens, living-rooms and common areas;
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Health (Prescribed Accommodation) Regulations 1990
S.R. No. 81/1990 r. 4 "floor area" in relation to a bedroom includes the
area occupied by any cupboard or other
built-in furniture, fixture or fitting but does
not include any bathroom or toilet in or
attached to the bedroom;
"holiday camp" means any house, building or
structure, whether temporary or permanent,
which is used for the accommodation of
student groups, youth groups or family
groups for holiday or recreational purposes;
"hostel" means any house, building or structure,
whether temporary or permanent, which is
used primarily for the accommodation of
travellers;
"hotel" includes a residential hotel and the
residential part of licensed premises within
the meaning of the Liquor Control Act
1987;
"residential accommodation" means any house, building, or other structure used as a place of abode, where a person or persons can live on payment of consideration to the proprietor
but does not include—
(a) a hotel or motel; or
(b) a hostel; or
(c) a student dormitory; or(d) a holiday camp;
"self-contained flat" means any suite of rooms
which—
(a)
forms a portion or portions of a building; and
(b)
includes kitchen, bathroom and toilet facilities; and
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(c) forms a self-contained residence;
"student dormitory" means any dormitory,
student hostel, hall of residence or residential
college for the accommodation of students
which is controlled by or operated under anarrangement with or affiliated with—
(a) a school; or
(b) an institution mentioned in Schedule 1 or Schedule 2 of the Post-Secondary Education Act 1978; or (c) meaning of section 2 of the Victorian
an Agricultural College within the Horticulture Act 1982.
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PART 2—CLASSES OF PRESCRIBED ACCOMMODATION
5. Prescribed accommodation
The following classes of accommodation are prescribed to be subject to Division 1 of Part XII of the Act—
(a) residential accommodation;
(b) hotels and motels;
(c) hostels;
(d) student dormitories;(e) holiday camps.
6. Exemptions
These Regulations do not apply to—
(a)
a house or self-contained flat under the exclusive occupation of the occupier; or
(b)
a public hospital or health service establishment within the meaning of the Health Services Act 1988; or
(c)
any house or building or retirement village under the Retirement Villages Act 1986; or
(d)
any house, building or structure to which the Caravan Parks and Movable Dwellings Act 1988 applies; or
(e) any vessel, vehicle, tent or caravan; or
(f)
premises in which, other than the family of the proprietor, not more than five persons are accommodated.
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PART 3—STANDARDS RELATING TO PRESCRIBED
ACCOMMODATION
Division 1—Prevention of Overcrowding
7. Overcrowding
(1) A proprietor of prescribed accommodation must
comply with this regulation in relation to the maximum number of persons permitted to be accommodated in each bedroom in the prescribed
accommodation.(2) A proprietor of prescribed accommodation must
not permit a room in the prescribed
accommodation to be used as a bedroom if it has a
floor area of less than 7·5 square metres.
(3) Table 1 applies to persons who are accommodated in prescribed accommodation for a period of more than 14 days, in respect of the period after the
fourteenth day.
TABLE 1
Maximum Number of
Persons Permitted to Occupy
Floor Area of Bedroom Bedroom Less than 12 square metres 1 12 square metres 2 Plus not less than 4 square metres for each additional person (4) Table 2 applies to persons who are accommodated
in prescribed accommodation other than holiday
camps for a period of 14 days or less.
TABLE 2
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Maximum Number of
Persons Permitted to Occupy
Floor Area of Bedroom Bedroom Less than 11 square metres 2 11 square metres 3 Plus not less than 3 square metres for each additional person (5) Subject to sub-regulation (2), a proprietor of a holiday camp must provide at least 2·79 square metres of floor area in a bedroom for each person
who is accommodated for a period of 14 days or
less.
(6) In this regulation—
(a)
one child under the age of 3 years is not counted as a person; and
(b)
two children under the age of 3 years are counted as one person.
Division 2—Maintenance and Cleanliness
8. Maintenance
A proprietor of prescribed accommodation must maintain that accommodation and all facilities provided with the accommodation—
(a) in good working order; and
(b)
in a clean, sanitary and hygienic condition; and
(c) in a good state of repair.
9. Cleanliness
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A proprietor of prescribed accommodation must ensure that—
(a) all accommodation and facilities are thoroughly cleaned after the accommodation is vacated and before its reuse by another occupier; and (b) all bed linen provided with the linen—
(i) at least weekly; and
(ii) after the accommodation is vacated and before its re-use by another occupier.
Division 3—Water Supply
10. Water supply
A proprietor of prescribed accommodation must provide—
(a)
a continuous and adequate supply of water to all toilet, bathing, kitchen, laundry and drinking water facilities; and
(b)
a continuous and adequate supply of hot water to all bathing, laundry and kitchen facilities.
11. Drinking water
A proprietor of prescribed accommodation must ensure that water intended for drinking is fit for human consumption.
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Division 4—Waste Disposal
12. Discharge of sewage and waste waterExcept where the Victoria Building Regulations 1983 otherwise provide, a proprietor of prescribed accommodation must ensure that all sewage and waste water is discharged—
(a) to a reticulated sewerage system; or
(b)
to a septic tank system permitted under the Environment Protection Act 1970; or
(c)
to such other system for the collection, removal and disposal of sewage and waste water as is approved by the council.
13. Refuse receptacles
A proprietor of prescribed accommodation must—
(a) provide sufficient vermin-proof receptacles collection and storage of all putrescible rubbish; and
(b)
ensure that the receptacles are regularly cleaned—
to the satisfaction of the council.
14. Refuse disposal
A proprietor of prescribed accommodation must ensure that all refuse at the accommodation is regularly removed and disposed of in a sanitary manner to the satisfaction of the council.
Division 5—Toilet and Bathing Facilities in Existing
Accommodation
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15. Toilet and bathing facilities
(1) This regulation does not apply to prescribed
accommodation which is required to comply with Part 46 of the Victoria Building Regulations 1983.
(2) A proprietor of prescribed accommodation must
provide at least one toilet, one bath or shower and one wash basin for every 8 persons or fraction of 8 occupying the accommodation.
(3) If only one toilet is provided under sub-regulation (2) for use by both sexes it must not be located in a bathroom unless the bathroom is in or attached to a bedroom for the exclusive use of the person or persons occupying the bedroom.
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PART 4—REGISTRATION
16. Application for registration
An application for registration of prescribed accommodation must—
(a)
be in the form of Form 1 in the Schedule; and
(b)
if required by the council, include a plan of the premises drawn to a scale of not less than 1:100 and showing the proposed use of each room; and
(c)
be accompanied by the fee determined by the council.
17. Application for renewal of registration
An application for renewal of registration of prescribed accommodation must—
(a)
be in the form of Form 1 in the Schedule; and
(b)
be lodged with the council on or before 15 November in each year; and
(c)
be accompanied by the fee determined by the council.
18. Application for transfer
An application for transfer of registration of prescribed accommodation must—
(a)
be in the form of Form 2 in the Schedule; and
(b) be accompanied by—
(i) the current certificate of registration; and
(ii) the fee determined by the council.
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19. Certificate of registration or renewal
A certificate of registration or renewal of registration of prescribed accommodation must—
(a)
be in the form of Form 3 in the Schedule; and
(b)
specify the class of accommodation which is registered; and
(c)
specify the conditions to which the registration or renewal of registration is subject.
20. Transfers
(1) If an application for transfer of registration of prescribed accommodation from one person to another is granted and the relevant fee is paid, the
council must cause the current certificate of
registration to be endorsed in the form of Form 4
in the Schedule.(2) If an application for the transfer of registration of
prescribed accommodation from one registered
premises to other premises is granted, and the
relevant fee is paid, the council must—
(a)
cause a fresh entry of registration to be made in the register in respect of the premises to which the registration is transferred; and
(b)
cause a new certificate of registration to be issued to the applicant in accordance with regulation 19.
21. Register of prescribed accommodation
A council must keep a register under section 371 of the Act in respect of each class of prescribed accommodation containing the following
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S.R. No. 81/1990 r. 21 particulars of each registered premises in that
class—
(a) registration number;
(b) date of application for registration;
(c) name and address of proprietor;
(d) address of the premises;
(e) date of registration;(f) dates of renewal;
(g)
conditions on the grant of registration or renewal;
(h) date of transfer of registration;
(i) name and address of person to whom registration is transferred;
(j) premises to which registration is transferred.
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PART 5—GENERAL REGULATIONS APPLYING TO
PRESCRIBED ACCOMMODATION
22. Register of occupants
(1) A proprietor of prescribed accommodation must keep a register recording—
(a)
the names and addresses of persons occupying the accommodation; and
(b) the dates of their arrival and departure.
(2) The proprietor must retain the register for at least
12 months after the date of the last entry in the
register.
(3) A proprietor is exempted from compliance with
sub-regulation (1), if the proprietor is required
under any other Act or regulation to keep a similar
register.
23. Advertising
A proprietor of prescribed accommodation must not state or cause to be stated in any advertisement, notice or sign issued or put up in relation to the accommodation, that the premises were registered or approved for any accommodation purpose other than that set out on the certificate of registration.
24. Changes of use
A proprietor of prescribed accommodation must obtain the consent in writing of the council for any change in the use of any room in the prescribed accommodation.
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25. Penalty
Any person who contravenes or fails to comply
with these Regulations other than Part 4 is guilty
of an offence.Penalty: 20 penalty units.
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PART 6—TRANSITIONAL, REVOCATION AND
AMENDMENT
26. Transitional
(1) A proprietor of prescribed accommodation which
was registered as a boarding-house or common- lodging house under the Act immediately before the commencement of these Regulations is
exempt from complying with regulations 7 and 15
until 31 December 1999 if the accommodation
complies with the relevant provisions of
regulations 6, 14(a) and (b) and 17(a), (b), (c) and
(d)(i) of the Boarding and Lodging Houses
Regulations 1963 as in force immediately before 1July 1988.
(2) A proprietor of any prescribed accommodation
which was registered as an apartment house under the Act immediately before the commencement of these Regulations is exempt from complying with regulation 7 until 31 December 1999 if the
accommodation complies with regulation 10 of
the Health (Apartment Houses) Regulations 1984
as in force immediately before thatcommencement.
(3) A proprietor of a school dormitory is exempt from
complying with regulations 7 and 15 until 31 December 1999 if the school dormitory complies with the relevant provisions of
regulations 6, 14(a) and (b), 17(a), (b), (c) and
(d)(i) of the Boarding and Lodging Houses
Regulations 1963 as in force immediately before1 July 1988.
27. Revocation
The Health (Apartment Houses) Regulations
19841 are revoked.
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28. Amendment
The Schedule to the Health (Registration)
Regulations 19842 is amended as follows—
(a)
Forms 5, 6, 7, 25, 26, 28 and 29 are revoked;
(b) in note (a) to Form 12—
(i) omit "boarding-house, common
lodging-house,"; and(ii) omit "apartment-house, camping
area,";
(c) in note (a) to Form 16—
(i) omit "boarding-house, common
lodging-house,"; and(ii) omit "apartment-house, camping area,".
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Health (Prescribed Accommodation) Regulations 1990
| Form 1 | S. | R. No. 81/1990 |
| SCHEDULE |
FORM 1
APPLICATION FOR *REGISTRATION/*RENEWAL OF REGISTRATION OF PRESCRIBED ACCOMMODATION
To the Council.
(insert name of Council)
I (name of applicant), being the proprietor of prescribed accommodation, apply for *registration/*renewal of registration of the prescribed accommodation.
Name of applicant in full
Address of applicant
Address of prescribed accommodationClass of accommodation—
*(a) Residential accommodation
*(b) Hotel or motel
*(c) Hostel
*(d) Student dormitory*(e) Holiday camp
Number of bedrooms available for occupiers on payment of consideration.
Number of beds in each bedroom.
If required by Council: Plan showing proposed use of each room in the accommodation. (Plan may be annexed to application)
Period of *Registration/*Renewal
Signature of applicant
Date
*Delete what is not applicable
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Health (Prescribed Accommodation) Regulations 1990
S.R. No. 81/1990 Form 2
FORM 2
APPLICATION FOR TRANSFER OF REGISTRATION OF
PRESCRIBED ACCOMMODATION
To the Council.
(insert name of Council)
I (insert name of applicant) of (insert address of applicant), the holder of a certificate of registration of prescribed accommodation situated at (insert address of prescribed accommodation) apply to have that registration transferred to:
*(a) the following person—
(insert—
(i) name of new proprietor
(ii) address of new proprietor); or
*(b) the following premises—
(insert—
(i) address of new premises
(ii) number of bedrooms available for occupiers on payment of consideration
(iii) number of beds in each bedroom)
Signature of applicant:
Date:
*Delete what is not applicable
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Health (Prescribed Accommodation) Regulations 1990
| Form 3 | S.R. No. 81/1990 |
FORM 3
CERTIFICATE OF *REGISTRATION/*RENEWAL OF
REGISTRATION OF PRESCRIBED ACCOMMODATION
The (insert name of Council) Council *registers/*renews the registration of prescribed accommodation situated at (insert address of prescribed accommodation) as:
*(a) Residential Accommodation
*(b) a Hotel or Motel
*(c) a Hostel
*(d) a Student Dormitory*(e) a Holiday Camp
This certificate is granted to (insert name of proprietor).
This certificate has effect until / /19 subject to the Health Act 1958 and the Health (Prescribed Accommodation) Regulations 1990, and to the following conditions:
(insert conditions)
Municipal Clerk
Date
*Delete what is not applicable
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Health (Prescribed Accommodation) Regulations 1990
S.R. No. 81/1990 Form 4
FORM 4
ENDORSEMENT
The (insert name of Council) Council transfers the registration set out on this certificate to (insert name and address of new proprietor) for the period from this date until / /19
Municipal Clerk
Date
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| Notes | S.R. No. 81/1990 |
NOTES
1. General Information
The Health (Prescribed Accommodation) Regulations 1990,
S.R. No. 81/1990 were made on 15 May 1990 by the Governor in Council
under sections 213, 376, 390(1) and 391 of the Health Act 1958,
No. 6270/1958 and came into operation on 15 May 1990.The Health (Prescribed Accommodation) Regulations 1990 will sunset on
14 May 2001: see Subordinate Legislation (Health (Prescribed
Accommodation) Regulations 1990—Extension of Operation) Regulations
2000, S.R. No. 16/2000.
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Health (Prescribed Accommodation) Regulations 1990
S.R. No. 81/1990 Notes
2. Table of Amendments
There are no amendments made to the Health (Prescribed Accommodation)
Regulations 1990 by statutory rules, subordinate instruments and Acts.
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3. Explanatory Details
1 Reg. 27: S.R. No. 295/1984.
2 Reg. 28: S.R. No. 265/1984 as amended by S.R. Nos 415/1984, 262/1985,
395/1985, 344/1986, 303/1988 and 319/1988.
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