Health (Public Buildings) Amendment Regulations 2002 (WA)

7 June 2002 GOVERNMENT GAZETTE, WA 2721

HE301*

Health Act 1911

Health (Public Buildings) Amendment

Regulations 2002

Made by the Governor in Executive Council.

1.           Citation

These regulations may be cited as the Health (Public Buildings)
Amendment Regulations 2002.

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 23 April 2002 see 2000 Index to
Legislation of Western Australia, Table 4, p. 161 and Gazette

1 August 2001.]

that Act; or

3. Regulation 3 amended
Regulation 3(1) is amended as follows:

(a) by deleting the definition of "nightclub" and inserting

the following definition instead —

46

"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

2722 GOVERNMENT GAZETTE, WA 7 June 2002

(c) a cabaret, hotel or tavern -

(i)     in respect of which a special facility licence as defined by the Liquor Licensing Act 1988 has been granted under that Act; and

(ii)     in respect of which paragraph (a) or (b) does not apply;

(b) by deleting the definition of "supply authority" and

46           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 the

Electricity Corporation Act 1994;

(c) in the definition of "the Building Regulations" by deleting "Local Government Act 1960" and inserting instead -

"

Local Government (Miscellaneous Provisions)

Act 1960

(d) by inserting in the appropriate alphabetical positions the following definitions -

"AS/NZS 2293" means Australian/New Zealand

Standard AS/NZ 2293 - Emergency Evacuation

Lighting in Buildings;

"AS/NZS 4360" means Australian/New Zealand

Standard AS/NZS 4360:1999— Risk Management;

"large licensed premises" means licensed premises

having a floor area of more than 850m2;

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 -

IE

(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.

7 June 2002 GOVERNMENT GAZETTE, WA 2723

5.            Regulation 6 amended

(1)	Regulation 6 is amended by inserting before "A" the subregulation designation "(1)".
(2)	At the end of regulation 6 the following subregulation is inserted -
(2) Notwithstanding anything in regulation 7 or 7A(1), a

certificate of approval shall not be issued for the
accommodation of any number of persons that exceeds
the number permitted under the Building Regulations
with respect to sanitary facilities, exits and ventilation.

6.            Regulation 7 amended

(1) Regulation 7(1) is amended as follows:

(a) by deleting "subregulation" and inserting instead -

46

regulation and regulation 9A,

(b) by inserting after "building" -

other than large licensed premises ".

(2) 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 having a floor area of 850m2 or less 0.85

(c) by deleting the item commencing "Night Club";

(d)	"0.3" and inserting instead -
in the item commencing "Spectator stand", by deleting
44 0.5

(3) Regulation 7(3) is amended by inserting after "of public

building" -

other than large licensed premises ".

(4) Regulation 7(4) and (5) are repealed and the following subregulations are inserted instead -

44

(4) If, immediately before the coming into operation of the

Health (Public Buildings) Amendment
Regulations 2002 -

(a) a certificate of approval was in effect in relation

to licensed premises having a floor area of
850m2 or less; and

2724 GOVERNMENT GAZETTE, WA 7 June 2002

(b) the maximum number of persons that the

licensed premises could be used to
accommodate was more than the new

maximum number,

the maximum number of persons that may be
accommodated in those licensed premises is the

number set Out in that certificate of approval.

(5) In subregulation (4) -
"new maximum number" means the maximum

number of persons that may be accommodated in
the licensed premises as ascertained in accordance
with the Table to subregulation (1) immediately
after the coming into operation of the Health
(Public Buildings) Amendment Regulations 2002.

7.            Regulations 7A and 713 inserted

After regulation 7 the following regulations are inserted -

M.

7A.	Maximum number of persons: large licensed premises
(1)	Subject to subregulation (2) and regulation 9A, the maximum number of persons that may be accommodated in large licensed premises is 1 000 persons.
(2)	If, immediately before the coming into operation of the Health (Public Buildings) Amendment Regulations 2002 -

(a)	a certificate of approval was in effect in relation to large licensed premises; and
(b)	the maximum number of persons that the licensed premises could be used to

accommodate was more than 1 000 persons,

the maximum number of persons that may be
accommodated in those licensed premises is the

number set out in that certificate of approval.

7B.	Assessment of floor area
To calculate the floor area of a public building for the purposes of regulation 7 and the definition of "large licensed premises" -

(a)	measurements shall be taken within the finished surfaces of the internal walls of the public building;
(b)	measurements of any external areas of the public building shall only be taken of the parts of the external areas where people would normally be expected to assemble;

7 June 2002 GOVERNMENT GAZETTE, WA 2725

(c) ramps, escalators, passages, hallways,

areas occupied by lifts, lift-wells, stairways, shall not be included; and

(d) kitchens, stages, sanitary areas, and staff areas, including staff areas behind counters, shall not be included. ,,

8.            Regulation 8 amended

(1)	Regulation 8 is amended by inserting before "A" the subregulation designation "(1)".
(2)	At the end of regulation 8 the following subregulation is inserted -
(2) If a certificate of approval is varied under

regulation 9A, the reference in subregulation (1) to a certificate of approval is a reference to the certificate incorporating the variation that is current at the time of

the display.

9.            Regulation 9 replaced and regulations 9A and 9B inserted

Regulation 9 is repealed and the following regulations are inserted instead -

9.            Application to vary certificate of approval

(1) Where a certificate of approval has been issued in

relation to -

(a)	a public building, a person may apply to the local government that issued the certificate to
vary the purposes for which the public building
may be used;
(b)

a public building other than licensed premises, issued the certificate to vary the maximum number of persons that the public building may be used to accommodate.

(2) An application under subregulation (1) -

(a)	shall be made in the form of Form 3 in Schedule 2;
(b)	shall be accompanied by the fee calculated in accordance with Schedule 1.

(3) Where a certificate of approval has been issued in

relation to large licensed premises (including premises referred to in regulation 7A(2)), a person may apply to

2726 GOVERNMENT GAZETTE, WA 7 June 2002

the local government that issued the certificate to use a 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,
may be used to accommodate.

(4) An application under subregulation (3) shall be made in

the form of Form 3 in Schedule 2 and 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;

(c) such other information as is required by the

local government for the purposes of the

application; and

(d) the fee calculated in accordance with

Schedule 1.

9A. (1) On an application under regulation 9 a local	Variation of certificate of approval
government may vary the certificate of approval issued in relation to the public building that is the subject of the application in accordance with the application.

(2) Notwithstanding anything in subregulation (1), a

certificate of approval shall not be varied -
(a)	if a structural alteration or extension of the public building that is the subject of the application is proposed; or
(b)	for the accommodation of any number of persons that exceeds the number permitted under the Building Regulations with respect to sanitary facilities, exits and ventilation.

(3) A local government may -

(a)	impose such conditions as it thinks proper in relation to a variation of a certificate of approval; and
(b)	vary or revoke a condition imposed under paragraph (a) by written notice served on the occupier of the public building.

7 June 2002 2727

GOVERNMENT GAZETTE, WA

913. Requirements for large licensed premises using an
approved measurement unit

(1) This regulation applies to large licensed premises or a specified part of large licensed premises the certificate of approval in relation to which has been varied under regulation 9A so that a measurement unit of 0.85m2 per

person is used to calculate the maximum number of
persons that the licensed premises, or a specified part

of the licensed premises, may be used to accommodate.

(2) The occupier of the licensed premises shall ensure that

any number counting system that is approved on the application referred to in regulation 9(3) is properly installed and properly operating at the licensed

premises or in the specified part of the licensed
premises at all times when the premises are open to the

public.

(3) The occupier of the licensed premises shall ensure that

each movable item, other than chairs, in the licensed
premises or the specified part of the licensed

premises -

(a)	is assigned a Person Equivalent Number ("PEN") where each PEN equates to 0.7m2 of floor area; and
(b)	permanently marked on it so that it can be readily identified for the purposes of calculating

has its PEN clearly visible, legible and the licensed premises or the specified part of the licensed premises.

(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 relation
to the licensed premises or the specified part of the
licensed premises in accordance with the following:

the number of persons allowed under the 0.85m2

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 up or down to the nearest whole

number.

IJ

2728 GOVERNMENT GAZETTE, WA 7 June 2002

10.          Regulation 10 amended

Regulation 10 is amended by deleting "Electricity Act 1947" and inserting instead -

Electricity Act 1945 ".

11.          Regulation 11 amended

(1)	Regulation 11(1) is amended by deleting "lengths of not less than 2 700 mm." and inserting instead -
44

groups of not less than 4 seats. ".

(2) Regulation 11(2) is repealed and the following subregulation is
inserted instead -

IE

(2) Where seats are arranged in regular rows of 10 to 42

seats aisles shall be provided on both sides of each row.

12.         Regulation 14 amended

(1)	Regulation 14(3)(a) is amended by deleting ", nightclub".
(2)	After regulation 14(4) the following subregulation is inserted -

46

(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.

13.          Regulation 15 amended

Regulation 15(1)(b) is amended by deleting "door," and inserting instead -

door or gate in an exit path, ".

14. Regulation 16 amended

Regulation 16(1) is repealed and the following subregulation is inserted instead -

IE

(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 ASINZS 2293.

15.          Regulation 20 amended

After regulation 20(4) the following subregulations are inserted -

46

(5) Permanent sanitary conveniences provided for a public
building are to be illuminated with a minimum
illuminance of 80 lux.

7 June 2002 GOVERNMENT GAZETTE, WA 2729

(6) Temporary sanitary conveniences provided for a public

building are to be illuminated with a minimum
illuminance of 40 lux.

16.          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.

17.          Regulation 23 amended

Regulation 23(2) is amended by deleting "Building instead -

46

Building Regulations shall be made of non-toxic fire retardant

18.          Regulation 25 amended

(1)	Regulation 25(1) is amended by deleting the subregulation designation "(1)".
(2)	Regulation 25(2) is repealed.

19.         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 -

44

(la) An emergency plan shall -

(a)	satisfy the relevant requirements of Australian Standard AS 3745:1995 - Emergency Control Organization and Procedures for Buildings; and
(b)

incorporate a risk management plan that has ASINZS 4360.

2730 GOVERNMENT GAZETTE, WA 7 June 2002

20.          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 9(3)
shall ensure that there is compliance with the risk
management plan approved on the application. ',

21.          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 -
46 ASINZS 2293. ".
(2)	Regulation 32(2) is amended by deleting "Australian Standard 2293. - Emergency Evacuation Parts 1 and 2." and inserting instead -
44 ASINZS 2293. ".
(3)	Regulation 32(4) is repealed.
22.	Regulation 37 amended Regulation 37 is amended by deleting "nightclubs,".

23.          Regulation 62 amended

Regulation 62 is amended by deleting "Australian Standard
2293 - Emergency Evacuation Lighting in Buildings Part 2—

46 ASINZS 2293. ". Maintenance Procedures." and inserting instead -

24.          Regulation 63 amended

(1) Regulation 63(1) is amended as follows:

(a) by inserting after "under these regulations" -

"

or a condition imposed in relation to a variation of a

certificate of approval

(b) by inserting after "in these regulations" -

44

or such a condition ";

(c) by deleting "against the regulation in question".

7 June 2002 GOVERNMENT GAZETTE, WA 2731

(2) Regulation 63(2) is amended as follows:

(a) by deleting "those regulations and is omitted to be done or is done in contravention of these regulations" and inserting instead

44

these regulations or a condition imposed in relation to a
variation of a certificate of approval and is omitted to
be done or is done in contravention of these regulations

or such a condition

(b) by deleting "against the regulation in question".

25.          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 ".

26. 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

44

government ".

Table

r. 4	r. 23(2)
r. 7(2)	r. 26(1) (in both places)
r. 7(3)	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) (in both places)

By Command of the Governor,

M. C. WAUCHOPE, Clerk of the Executive Council.