Health (Public Buildings) Amendment Regulations 2001 (WA)
| 3 August 2001 | GOVERNMENT GAZETTE, WA | 3955 |
Health Act 1911
Health (Public Buildings) Amendment
Regulations 2001
Made by the Governor in Executive Council.
1. Citation
These regulations may be cited as the Health (Public Buildings)
Amendment Regulations 2001.2. The regulations amended
The amendments in these regulations are to the Health (Public
Buildings) Regulations 1992*.[* Published in Gazette 1 April 1992, p. 1427-58. For amendments to 3 July 2001 see 2000 Index to Legislation of Western Australia, Table 4, p. 161.]
3. Regulation 3 amended
Regulation 3(1) is amended as follows:
(a)
by inserting before the definition of “cinema” the following definitions —
“
“AS/NZS 2293” means Australian/New Zealand
Standard AS/NZ 2293 — Emergency Evacuation
Lighting in Buildings;
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“AS/NZS 4360” means Australian/New Zealand
Standard AS/NZS 4360:1999 – Risk Management;
”;
(b)
by deleting the definition of “nightclub” and inserting the following definition instead —
“
“licensed premises” means —
(a) premises in respect of which a cabaret licence as defined by the Liquor Licensing Act 1988 has been granted under that Act; (b) premises in respect of which a tavern licence, a hotel restricted licence or any other kind of hotel licence as defined by the Liquor Licensing Act 1988 has been granted under that Act; or
(c) a cabaret, hotel or tavern —
(i) in respect of which a special facility under that Act; and
licence as defined by the Liquor(ii) in respect of which paragraph (a) or (b) does not apply;
”;
(c)
by deleting the definition of “supply authority” and inserting the following definition instead —
“
“supply authority” means a supply authority as
defined in the Electricity Act 1945 and includes the
Western Power Corporation established under theElectricity Corporation Act 1994;
”;
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Health (Public Buildings) Amendment Regulations 2001
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(d) deleting “Local Government Act 1960” and inserting
in the definition of “the Building Regulations” by “
Local Government (Miscellaneous Provisions)
Act 1960
”.
4. Regulation 4 amended
(1) Regulation 4 is amended by inserting before “An” the
subregulation designation “(1)”.(2) At the end of regulation 4 the following subregulation is
inserted —“
(2) An application for the purposes of section 176 of the
Act that is in respect of a building or place or part of a
building or place where 5000 or more persons may
assemble for religious, entertainment, recreational or
sporting purposes shall also be accompanied by a risk
management plan that has been developed in
accordance with AS/NZS 4360.
”.
5. Regulation 7 amended
(1) The Table to regulation 7(1) is amended as follows:
(a)
by deleting “Bar, cafe,” and inserting instead — “ Cafe, ”;
(b)
by inserting after the item commencing “Library” the following item —
“
Licensed premises 0.85 (subject to r. 9A)
”;
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(c) by deleting the item commencing “Night Club”; (d) in the item commencing “Spectator stand”, by deleting “ 0.5 ”.
(2) Regulation 7(4)(c) is amended by inserting after “staff areas” —
“ , including staff areas behind counters, ”.
(3) Regulation 7(5) is amended by inserting after “issued” —
“ or varied ”.6. Regulation 9 amended
(1) Regulation 9 is amended by inserting after “Schedule 2” —
“and on payment of the fee calculated in accordance
with Schedule 1
”.
(2) Regulations 9(b) is amended by inserting before “the
maximum” —“ subject to regulation 9A, ”. 7. Regulations 9A and 9B inserted
After regulation 9 the following regulations are inserted —
“ 9A. Variation of maximum numbers of persons at
licensed premises
(1) The occupier of licensed premises may apply under
regulation 9(b) for approval to use a measurement unit
between and including 0.5m2 and 0.849m2 per person
instead of the measurement unit of 0.85m2 per person
to increase the maximum number of persons that the
licensed premises, or a specified part of the licensed
premises, can accommodate.
| 3 August 2001 | GOVERNMENT GAZETTE, WA | 3959 |
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(2) An application referred to in subregulation (1) shall be
accompanied by —
(a) a risk management plan that has been developed in accordance with AS/NZS 4360; (b) details of the type of number counting system — (i) that is or is intended to be installed to monitor the number of persons entering and leaving the licensed premises or the specified part of the licensed premises; and
(ii) that has been approved by the Executive Director, Public Health;
and
(c)
such other information as is required by the local government for the purposes of the application.
9B. Requirements for licensed premises using an
approved measurement unit
(1) This regulation applies to licensed premises or a
specified part of licensed premises the certificate of
approval in respect of which has been varied under
regulation 9(b) so that a measurement unit of 0.5m2 or
between 0.5m2 and 0.849m2 per person is used to
calculate the maximum number of persons that can be
accommodated in the licensed premises or the specified
part of the licensed premises.(2) The occupier of the licensed premises shall ensure, if
the number counting system that is approved on the
application referred to in regulation 9A(1) is not
already installed, that the system is installed at the
licensed premises or in the specified part of the
licensed premises as soon as practicable after the
certificate is varied.
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(3) Each movable item, other than chairs, in the licensed
premises or the specified part of the licensed
premises —
(a) shall be assigned a Person Equivalent Number (“PEN”) where each PEN equates to 0.7m2 of floor area; and (b) shall have its PEN clearly visible, legible and the licensed premises or the specified part of the licensed premises.
permanently marked on it so that it can be
readily identified for the purposes of calculating
(4) If subregulation (3) has not been complied with, an
authorised person may assign a PEN under
subregulation (3)(a) for the purposes of any inspection
by the authorised officer under section 179 of the Act.(5) The maximum number of persons that the licensed
premises or the specified part of the licensed premises
may be used to accommodate on each occasion that the
premises or part of the premises is open for business
shall be shown on the certificate of approval in respect
of the licensed premises or the specified part of the
licensed premises as follows:the number of persons allowed under the approved
0.5m2 — 0.849m2 measurement unit minus the
number of PENs for each occasion on which the
licensed premises or the specified part of the licensed
premises is open for business rounded number up ordown to the nearest whole number.
”.
| 3 August 2001 | GOVERNMENT GAZETTE, WA | 3961 |
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8. Regulation 10 amended
Regulation 10 is amended by deleting “Electricity Act 1947” and inserting instead —
“ Electricity Act 1945 ”.
9. Regulation 11 amended
(1) Regulation 11(1) is amended by deleting “lengths of not less
than 2 700 mm.” and inserting instead —“ groups of not less than 4 seats. ”. (2) Regulation 11(2) is repealed and the following subregulation is
inserted instead —“
(2) Where seats are arranged in regular rows of 10 to 42
seats aisles shall be provided on both sides of each row.
”.
10. Regulation 14 amended
(1) Regulation 14(3)(a) is amended by deleting “nightclub” and
inserting instead —“ licensed premises ”. (2) After regulation 14(4) the following subregulation is inserted — “
(5) The occupier of a public building that has an
occupancy exceeding 50 persons shall ensure that the
building has more than one exit unless the local
government otherwise approves.
”.
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11. Regulation 15 amended
Regulation 15(1)(b) is amended by deleting “door,” and inserting instead —
“ door or gate in an exit path, ”.
12. Regulation 16 amended
Regulation 16(1) is repealed and the following subregulation is inserted instead —
“
(1)
Subject to this regulation, where under the Building Regulations a public building is required to have an exit sign, the occupier of the building shall ensure that
the sign conforms with AS/NZS 2293.
”.
13. Regulation 20 amended
After regulation 20(4) the following subregulations are inserted —
“
(5)
Sanitary conveniences provided for a public building are to be illuminated with a minimum illuminance of 80 lux.
(6)
Where temporary sanitary conveniences are provided for a public building for use after dark each unit shall have its own artificial light source.
”.
| 3 August 2001 | GOVERNMENT GAZETTE, WA | 3963 |
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14. Regulation 22 amended
Regulation 22(1) is repealed and the following subregulation is inserted instead —
“
(1)
A person shall not light, operate or maintain a fire or an open heating apparatus of any kind in a public building without the written approval of the local government.
”.
15. Regulation 23 amended
Regulation 23(2) is amended by deleting “Building
Regulations 1989 shall be made of non-toxic” and inserting
instead —
“Building Regulations shall be made of non-toxic fire retardant
”.
16. Regulation 25 amended
(1) Regulation 25(1) is amended by deleting the subregulation
designation “(1)”.(2) Regulation 25(2) is repealed. 17. Regulation 26 amended
(1) Regulation 26(1) is amended by deleting “nightclub” and
inserting instead —
“ licensed premises ”.(2) After regulation 26(1) the following subregulation is inserted — “
(1a) An emergency plan shall —
(a) satisfy the relevant requirements of Australian Organization and Procedures for Buildings; and
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(b) incorporate a risk management plan that has AS/NZS 4360.
”.
18. Regulation 26A inserted
After regulation 26 the following regulation is inserted in
Part 3 —“ 26A. Risk management plans The occupier of a public building that is the subject of an application referred to in regulation 4(2) or 9A(1) shall ensure that there is compliance with the risk management plan approved on the application.
”.
19. Regulation 32 amended
(1) Regulation 32(1) is amended by deleting “Australian Standard
2293 — “Emergency Evacuation Lighting in Buildings” Parts 1
and 2.” and inserting instead —“ AS/NZS 2293. ”. (2) Regulation 32(2) is amended by deleting “Australian Standard
2293. - Emergency Evacuation Parts 1 and 2.” and inserting
instead —“ AS/NZS 2293. ”. (3) Regulation 32(4) is repealed. 20. Regulation 37 amended
Regulation 37 is amended by deleting “nightclubs,” and inserting instead —
“ licensed premises, ”.
| 3 August 2001 | GOVERNMENT GAZETTE, WA | 3965 |
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21. Regulation 62 amended
Regulation 62 is amended by deleting “Australian Standard
2293 — Emergency Evacuation Lighting in Buildings Part 2 —
Maintenance Procedures.” and inserting instead —
“ AS/NZS 2293. ”.22. Schedule 1 amended
Schedule 1 is amended as follows:
(a) by deleting “Reg. 4” and inserting the following “ (r. 4 and 9) ”;
(b) by inserting after “Act” —
“ or regulation 9 ”.23. Various references to “local authority” to be replaced by “local government”
The regulations set out in the Table to this regulation are amended by deleting “authority” and inserting instead — “ government ”.
Table
r. 4 r. 23(2) r. 7(2) r. 25(2) r. 7(3) r. 26(1) (in both places) r. 9 (in each place) r. 26(2) r. 11(1) r. 26(3) r. 13(2) r. 26(4) r. 14(1) r. 30(1) r. 14(2) Sch. 1 r. 14 (3)(b)(iv) Form 5 r. 20(1)
By Command of the Governor,
M. C. WAUCHOPE, Clerk of the Executive Council.
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