Local Government Act 1919 Ordinance relating to boarding-houses, places of public entertainment and certain other matters (1990-465) [GG No 82 of 29.6.1990] (NSW)

1990 - No. 465

LOCAL GOVERNMENT ACT 1919 - ORDINANCE

(Relating to boarding-houses, places of public entertainment

and certain other matters)

NEW SOUTH WALES

[Published in Gazette No. 82 of 29 June 1990]

HIS Excellency the Governor, with the advice of the Executive Council, and in pursuance of the Local Government Act 1919, has been pleased to make the Ordinance set forth hereunder.

JOE SCHIPP

Acting Minister for Local Government.

Commencement

1. This Ordinance commences on 1 September, 1990.

Amendment of Ordinance No. 70

2. Ordinance No. 70 under the Local Government Act 1919 is

amended:

(a)

by omitting from clause 1.2 the matter relating to Part 26 and by PART 26 - Places of Public Entertainment

(b)

by inserting at the end of clause 1.2 the following matter. PART 63 - Management and Use of Premises etc.

(c) by inserting in clause 1.3 (1), in alphabetical order, the following definitions:

1990 - No. 465

"aisle" means a walkway at the end of rows of

seating, not being continental seating, leading to
a cross-over or to an egress doorway,

"auditorium" means such part of a place of public entertainment as is designed to accommodate the audience to an entertainment or public meeting that is being conducted in the place of public entertainment;

"basement" means a storey in a building which is

partly or wholly underground and from which any required exit involves a total internal vertical rise of 1 500mm or more to the finished ground level;

"continental seating" means rows of seating in

which the rows extend the full width of an

auditorium without intervening aisles;

"cross-over", in relation to a place of public

entertainment or temporary structure, means a walkway between aisles or between an aisle and an egress doorway,

"dormitory" means a bedroom designed to

accommodate more than 2 persons;

"film" has the same meaning as it has in the Film and Video Tape Classification Act 1984;

"flying scenery" means scenery of a kind that is

designed to be, or capable of being, lifted above the stage floor by means of lines run from a grid;

"grid" means a framework from which lines are run

for the purpose of lifting flying scenery above the
stage floor,

"place of public entertainment" has the same

meaning as it has in Division 4BA of Part 11 of

the Act;

"projection suite" means such part of a place of

public entertainment as is designed to accommodate apparatus used for projecting films exhibited in the place of public entertainment;

1990 - No. 465

"row" means a row of seating:

(a) between a wall or other barrier and an aisle; or

(b) between two aisles;

"stage" means such part of a place of public

entertainment as is designed to be used by performers or speakers in an entertainment or public meeting that is being conducted in the place of public entertainment;

"temporary structure" has the same meaning as it

has in Division 4BA of Part 11 of the Act;

(d)	by omitting from clause 6.1 (1) (i) the words "as defined in clause 1.3" wherever occurring
(e)	by inserting in clause 6.1 (1) (i) (ii) after the word

"schools" the words ", places of public entertainment";

(f) by inserting after clause 16.19 (13) the following subclauses:

Curtains	(14) In any auditorium or foyer of a place of public
and blinds	entertainment, any curtain or blind:

(a)	must have a flammability index number not greater than 6 or (if it forms a division or constitutes wall, floor or ceiling decor) must comply with the provisions of subclause (1) (b) for materials used in the building and
(b)

must have a label affixed to its lower extremity (i) the name of its manufacturer, and

(ii)	the trade name and description of the fabric or material from which it is made; and
(iii)	the trade name of the fire-retardant (if any) with which it has been treated; and
(iv)	the appropriate method for cleaning it; and
(v)	its flammability index and (where

appropriate) its spread-of-flame index
and smoke-developed index.

1990 - No. 465

Upholstery (15) The fabric used to cover closed-hack upholstered chairs in a part of a place of public entertainment where:

(a) smoking by the public is permitted; or

(b) flame is exposed in connection with the preparation of meals,

must comply with the provisions of subclause (1) (b)

for materials used in the building.

Film screens (16) A cinematograph screen in a place of public entertainment:

(a)

must have:

(i)	a flammability index not greater than 12; and
(ii)	a spread-of-flame index not greater than 0; and
(iii)	a smoke-developed index not greater than 7; and

(b)

must have a label affixed to its lower extremity indicating, in legible characters:

(i)	the name of its manufacturer; and
(ii)	the trade name and description of the material from which it is made; and
(iii)	its flammability, spread-of-flame and smoke-developed indexes; and
(iv)	its test certificate number; and
(v)	the appropriate method for cleaning it; and

(c)

must have a supporting frame of metal construction.

(g) by inserting after clause 21.3 (d) the following word and paragraph:

; and

(e) be fitted with automatic self-closing devices.

(h) by inserting in clause 23.2 (1) after the words "in clause 23.4" the words "or required by clause 26.3 (1)";

(i)    by inserting after clause 24.20 (3) the following subclause:

1990 - No. 465

Exemption	(3A) Subclause (3) does not apply to places of public entertainment.
(j)	by omitting from clause 24.21 (1) the words ", except as in subclause (2),";
(k)	by inserting after clause 24.21 (2) the following subclause:
Exemption	(3) A doorway in a place of public entertainment (being a doorway opening to a road, open space or external balcony) need not comply with subclause (1) if the door sill is not more than 50mm above the finished surface of the road, open space or balcony to which the doorway opens.
(l)	by inserting after clause 24.25 (5) the following subclauses:

Only 1	(6) Not more than one helical stairway may serve as
helical
stairway as	a required exit in a place of public entertainment.
required exit
Design	(7) A helical stairway in a place of public
of helical	entertainment:
stairways

(a) must have a width of not less than 1 530mm; and

(b) must be of constant radius; and

(c) must be constructed so that each tread, when measured 500mm in from its narrow end, has a width of at least 280mm as illustrated in Figure 24.25.

Limitations	(8) A stairway in a place of public entertainment
on length
of certain	must not continue without:
stairways	(a) a change of direction of 30 degrees or more; or (b) a landing having a depth of 1 500mm or more,

for more than 36 risers.

(m)	by omitting clause 24.26 (1) and by inserting instead the following subclause:
Width of	(1) The width of a ramp:
ramp
(a) that serves as a required exit; or
(b) that is situated in a place of public entertainment,

1990 - No. 465

must (when measured clear of all obstructions, such as handrails, projecting parts of balustrades and the like) extend without interruption, except for ceiling cornices, to a height of at least 2 000mm above the floor surface of the ramp.

(n)	by omitting from clause 24.26 (2) the words "a ramp serving as a required exit" and by inserting instead the words "such a ramp";
(o)	by inserting after clause 24.27 (5) the following subclause:
Exemption	(6) This clause does not apply to places of public entertainment.

(p) by inserting after clause 24.27 the following clause:

Handrails 24.27.1. (1) This clause applies to places of public

and

balustrades	entertainment.
in places of public entertainment
Application
Handrail or	(2) A handrail or balustrade must be provided a wall) of any corridor, hallway, external access balcony, bridge, or the like, that leads to an exit that is 865mm or more above floor level.
balustrades
to be	along each side (other than a side that is bounded by
provided

Unguarded

(3) Where a ramp has an unguarded side, that side

ramps

must be guarded by a handrail or balustrade to a
height of 865mm or more above the ramp.

Stairways

(4) A stairway:

generally

(a)	must have a wall or rigid balustrade on each side; and
(b)	must be equipped on each side, in accordance with Table 24.27.1, with rigid handrails:

(i)         that are continuous, except where access to a doorway or opening off a landing is provided; and

(ii)        that are fixed at a vertical height of 865mm or more above the nosings of the stair treads and the floor level of the landings.

1990 - No. 465

Stairways	(5) A stairway having a height of not more than 1 500mrn above ground or floor level may have a handrail instead of a wall or rigid balustrade referred to in subclause (4) (a).
under
1500 mm
Balustrades	(6) A balustrade provided along a stairway:
along
stairway	(a) must have a height of 1 000mm or more above the nosings of the stair treads; and
(b) must not have openings of more than 125mm in width.

TABLE 24.27.1

Width of stairway No. of handrails

Less than 1 500mm	1
Between 1 5oomm and 2 500 mm	1 on each side
More than 2 500mm	1 on each side and intermediate handrails at intervals of not more than 2 000mm
(q)	by omitting Table 24.28 and by inserting instead the following Table:

TABLE 24.28

AREAS PER PERSON ACCORDING TO USE

Type of use	Square metres
per person

Assembly room:

(a)	for civic, political, transit, religious, social or recreational purposes ......... 1.2
(b)	for entertainment or amusement purposes ............................................... 1.2

Bar ............................................................. 1

Boiler .......................................................... 30

Board room ............................................. 2

1990 - No. 465

Boarding-house .............................................	15
Cafe .............................................................	1
Cafeteria ........................................................	1
Computer room .................................................	25
Dining room ......................................................	1
Factory

(a)	a machine shop, fitting shop, or like place used for the cutting, grading, finishing or fitting of metals or glass, except in the fabrication of structural steelwork or the manufacture of vehicles or bulky products ..................	5
(b)	an area used for fabrication and processing otherwise than as referred to in paragraph (a) .............................	50
(c)	a space in which the layout and natural use of fixed plant or equipment determine the number of persons who will occupy the space during working hours ........................................................	The area per
person
determined by
the natural use of the fixed plant or
equipment, as
approved by the council.

Garage (public) .............................................	30
Guest house ...............................................	15
Hostel ..........................................................	15
Kiosk ............................................................	1
Kitchen .........................................................	10
Laboratory ...................................................	10
Laundry ........................................................	10
Library
(a) reading space .......................................	2
(b) storage space .........................................	30
Office, including one for typewriting of
document copying ....................................	10
Place of public entertainment;
(a) area other than auditorium .................	1.2
(b) auditorium in which there is no	fixed

seating ................................................. 0.5

(c) auditorium in which there is fixed seating only .......................................... The area

calculated by

dividing the floor

area of the

auditorium by the

1990 - No. 465

seating capacity of the auditorium

determined in

accordance with Division 3 of Part 26.

(d)	auditorium in which there are stepped
platforms without chairs or The area
stepped platforms with bench seats ... calculated by dividing the floor

area of the

auditorium by the seating capacity of the auditorium

determined in

accordance with Division 3 of Part 26.

Plant room

(a) for ventilation electrical or other service units ......................................... 30

(b) for boilers or power plant ..................... 50

Reading room ....................................................	2
Restaurant ........................................................	1
Shopspace:
(a)	for sale of goods at a level entered directly from the open air or any lower level ........................................... 2.5
(b) for sale of goods at all other levels .....	5.5
Showroom (display area) .............................	5
Staff room ....................................................	10

Storage space ............................................... 30
Switch room ................................................. 30

Telephone exchange (private) ..................... 30

Transformer room .......................................	30
Workshop:
(a)	for maintenance staff .......................... 30
(b) for manufacturing processes ............	As for "Factory"

(r)	by omitting clause 24.29 (3) and by inserting instead the following subclause:
Additional	(3) Exit signs:
locations
for exit	(a) must also be installed:

signs	(i)	in corridors, hallways, lobbies and the like, indicating the direction of a required exit; and
(ii)	on or near each door serving as, or forming part of, a required exit,

1990 - No. 465

if the council is of the opinion that the location of the exit will not otherwise be readily apparent to persons occupying or visiting the building, and

(b) must also be installed (in the case of an exit that does not open directly onto a street or open space) along any external exit paths leading from a place of public entertainment to a street or open space, and must clearly indicate the direction of egress to that street or open space.

(s) by inserting after clause 24.29 (8) the following subclause:

Exit signs

(9) If an exit sign in a place of public entertainment

exposed to physical damage, the exit sign must be
adequately protected against such damage.

to be

is situated in a position in which it is likely to be

protected

(t) by omitting clause 24.52 (1) and by inserting instead

the following subclause:

Application (1) This clause applies to Class IXb buildings other

than:

(a) schools; and
(b) places of public entertainment

(u) by inserting after clause 24.52 the following clause:

Class IXb	24.53. (1) This clause applies to places of public
places of
public	entertainment
entertainment
Application
Egress	(2) An auditorium must be provided with at least 2
doorways for	egress doorways.
auditoriums
2 exits per	(3) At least 2 exits must be provided from each
storey	storey.
Distance	(4) No point on a floor may be more than 18m:
to exits
(a) from the nearest exit; or
(b) from a point from which trawl in different directions to 2 or more exits is available,

and, if paragraph (b) applies, the maximum distance
to the nearest exit must be not more than 40m.

1990 - No. 465

Distance	(5) The distance between any 2 adjacent exits must
between	not be more than 60m and must not be less than 6m.
exits
Measurement	(6) The distances referred to in subclauses (4) and (5) are to be measured in accordance with clause 24.45 (2) (a)-(f) as if the references in those paragraphs to the nearest part of a required exit were references to the nearest part of an exit within the meaning of clause 24.34 (1).
of distances
Exits must	(7) At least half of the required number of all exits
not all	from each floor or tier, and at least half of the
discharge
through	aggregate width of such exits, must discharge
main
entrance	otherwise than through the main entrance, or the area immediately adjacent to the main entrance, of the building.
Fire-isolation	(8) A stairway serving as a required exit:
of stairways
(a) need not be fire-isolated if:

(i)         it connects not more than 2 storeys of the building and

(ii)        it complies with clause 24.13; and

Distribution	(b) must be fire-isolated in any other case.
of required
exits	(9) Required exits must, as far as practicable, be evenly distributed around the building.
Paths of	(10) Each required exit, each path of travel to a required exit, each doorway leading to or forming part of a required exit, or path of travel to an exit, and each required stairway:
travel

(a)	must have a minimum unobstructed vertical clearance throughout of 2 000mm and (subject to subclause (12)) a minimum width throughout of 1 000mm; and
(b)	must not diminish in width in the direction of travel to a road or open space.

Merging	(11) Where one or more exits combine or meet, the
exits	width of the remaining path of travel must be not less than the sum of the widths of those exits.
Width of	(12) Where, pursuant to clause 24.28, a storey is
exits	deemed to accommodate more than 200 persons:

1990 - No. 465

(a)	the aggregate width of all exits must be at least 2 000mm, plus 250mm for every 25 persons (or part thereof) in excess of 200; and
(b)	the width of any particular exit must not (subject to subclause (10) (a)) be more than 3000mm wide, except where otherwise approved.

Design	(13) All doors fitted to egress doorways:
of doors
(a) must be hung in 2 folds, fitted only with "panic" bolts where required to be secured; and
(b) must be made to open outwards,

except where otherwise approved.

Location	(14) A door must not open immediately onto a
of doors	flight of stairs, but a landing must be provided between the doorway and the stairs.

Installation (15) A door or gate (not being an exit door or gate etc of doors used by the public as an entrance) which opens onto

an aisle, passageway, stairway, landing, corridor or

court:

(a)	must be so hung as to close in the direction of egress into that aisle, passageway, stairway, landing, corridor or court; and
(b)	must be fitted with an automatic self-closing device; and
(c)	must be so installed as not to interfere with any exit door.

Locks to (16) An exit door or gate used by the public as a be approved main entrance (being a door or gate leading directly

to a road or open space) may be fitted with an

approved keyoperated fastening.

Design	(17) A keyoperated fastening must be of such a design as to enable the door or gate to yield to pressure from within whenever the building is occupied by the public.
of locks
Prohibition
of certain	(18) No collapsible gate, roller shutter, revolving

gates, shutters door, sliding door, accordion door, turnstile or rigid

etc.	barrier may be provided in or across an exit.
Stair treads	(19) The edges of the treads of steps must be made
to be
conspicuous	conspicuous.

1990 - No. 465

Doorways	(20) A doorway or opening within sight of, the
not for	audience, but not intended for egress, must have a
public use
notice displayed clearly indicating its purpose.
Illumination	(21) Such a notice must not be internally
of notices	illuminated.

(v) by inserting after Part 25 the following Part:

PART 26 - PLACES OF PUBLIC

ENTERTAINMENT

Division 1 - Preliminary

Division	26.1. This Part contains the following Divisions:
of Part

Division 1 - Preliminary
Division 2 - Stages and fire separation
Division 3 - Seating
Division 4 - Ancillary provisions
Division 5 - Provisions for certain rooms

Division 6 - Drive-in theatres

Application 26.2 This Part applies to places of public entertainment within the meaning of Division 4BA of Part 11 of the Act

Division 2 - Stages and fire separation

Fire-separation	26.3. (1) If a place of public entertainment forms
Portions to be
fire-separated	part only of a building, then:

(a)	the whole of the place of public entertainment; or
(b)	the portion containing the stage, backstage area and auditorium,

must be separated from the other parts of the building by construction having a fire-resistance rating of at least 1 hour.

Sprinkler	(2) If any foyer in a place of public entertainment:
systems for
common	(a) serves more than 2 auditoriums; and
foyers	(b) is not separated from any other foyer by construction having a fire-resistance rating of at least 1 hour,

1990 - No. 465

an approved sprinkler system, complying with the requirements of AS 2118, must be installed throughout the storey containing the foyer referred to in paragraph (a) and throughout each storey in the building below that storey.

Rooms to be	(3) If a room or area within or adjoining a stage is approved fire-resisting construction, the room or area is, for the purposes of this Division, to be taken to form part of the stage.
considered
as part of	not separated from the remainder of the stage by
stage
Conventional	26.4. (1) This clause applies to a conventional stage (that is, a stage that is separated from the auditorium by a proscenium wall incorporating a proscenium opening).
stages
Application
Small stages	(2) A stage which is more than 50 square metres, but not more than 150 square metres, in area:

(a)

must have installed, directly above the stage:

(i)	a roof-mounted smoke and heat vent that complies with clause 26.12; or
(ii)	an air handling system that complies with AS 1668; and

(b)

must have 2 or more means of egress from the stage and backstage area provided otherwise than through a proscenium wall.

Large stages (3) A stage which is more than 150 square metres in area:

(a)

must have installed, directly above the stage:

(i)	an air handling system that complies with AS 1668; and
(ii)	an approved automatic sprinkler system that complies with AS 2118; and

(b)

must have a line of open drenchers or open sprinklers provided above the proscenium opening on the stage side and in such a position as to be able to discharge over the inside face of the safety curtain; and

(c)

must have any opening in the proscenium wall protected by a safety curtain that complies with clause 26.6 (1); and

1990 - No. 465

(d) must have 2 or more means of egress from the stage and backstage area provided otherwise than through a proscenium wall.

Fire-separation	(4) A stage which is more than 50 square metres in area, and all areas below such a stage, must (with the exception of the proscenium opening) be separated from the backstage and the remainder of the building by construction having a fire-resistance rating of at least 1 hour.
of certain
stages
Where there	(5) Subject to subclauses (2) and (3), if there is a
are grids or
other means	grid or other means of flying scenery over the stage: (a) the stage must be provided with an automatic sprinkler system that complies with AS 2118; and
of flying
scenery

(b) the proscenium wall:

(i)         must have a fire-resistance rating of ai least 2 hours; and

(ii)        must have its opening protected by a rigid safety curtain in accordance with clause 26.6 (2); and

(c)

the walls fonning the stage area, and the area beneath the stage, must be constructed of:

(i)	masonry or concrete; or
(ii)	other material having resistance to damage similar to that of masonry or concrete and having a fire resistance rating of at least 2 hours; and

(d)

structural steel supporting the stage tower must be enclosed by:

(i)	masonry or concrete; or
(ii)	other material having resistance to damage similar to that of masonry or concrete and having a fire resistance rating of at least 2 hours or (in respect of any structural steel situated above the grid) other approved material having a fire resistance rating of at least 2 hours; and

1990 - No. 465

(e)	a fly gallery, bridge, grid, rigging loft, tie gallery or electric light perch:
(i) must comply with AS 1657; and
(ii) must be of non-combustible

construction; and

(f)	a fly gallery must be provided with at least 2 means of escape, one on each side of the stage; and
(g)	a grid or rigging loft must be provided with at least 2 means of escape; and
(h)	if exposed steel is used in the construction of a roof, fly or tie gallery, the roof, fly or tie gallery must be so designed that, in the event of its structural failure due to fire, the wall structure of the building will not be affected.

Notice of	(6) A notice indicating the actual distributed and
maximum
loads for	concentrated load for which the stage floor has been
stages	designed must be conspicuously and permanently displayed in a position adjacent to the stage floor.
Notices to	(7) The notice referred to in subclause (6) must be
be legible	in legible letters and figures:

(a) at least 50mm high; and

(b) on a contrasting background.

Machinery	(8) Machinery and associated equipment having moving parts
to be	in the stage area must be equipped with
guarded

suitable guards if the council so requires.

Other stages	26.5. (1) This clause applies to a stage that is not a
Application	conventional stage within the meaning of clause 26.4.
Small stages	(2) A stage which is more than 50 square metres, but not more than 150 square metres, in area:

(a) must comply with clause 26.4 (2); and

(b) must have at least 2 means of egress from the backstage area.

Large stages (3) A stage which is more than 150 square metres

in area:

1990 - No. 465

(a)	must comply with clause 26.4 (3) (a) and (b); and
(b)	must have at least 2 means of egress from the backstage area.

All stages	(4) All stages to which this clause applies must comply with clause 26.4 (5), (6), (7) and (8).
Safety curtains	26.6. (1) A safety curtain required by clause 26.4 (3)
Requirements
for certain	(c):
curtains

(a)	must be made of non-combustible material; and
(b)	must be so fitted that, when it is closed, it forms an efficient smoke seal between the stage and the auditorium; and
(c)	must be capable of withstanding a pressure differential of 0.5kPa over its entire surface area; and
(d)	must be run on steel guides located on each side of the proscenium opening; and
(e)	must remain engaged in its guides if the guides, together with their fittings and attachments and that part of the curtain engaged in the guides, are subjected to a pressure double that referred to in paragraph (c); and
(f)	must be of sufficiently robust construction to withstand damage by scenery, stage properties and falling debris; and
(g)	must be capable of closing the proscenium opening within 35 seconds, either by gravity slide or by motor assisted mechanisms; and
(h)	must have manual controls, located on each side of the stage, for the lowering of the curtains; and

(i)    must have a notice displayed adjacent to the operating controls, in clear and legible letters and symbols of adequate size, indicating its use and operation; and

1990 - No. 465

(j)	must, when operated, actuate a distinctive warning alarm audible to persons on the stage and must not be reliant for its operation solely on the primary electricity supply, and
(k)	must have the words "Safety Curtain" exhibited on the curtain in clear and legible letters of adequate size to enable them to be read from all parts of the auditorium.

Additional

(2) A safety curtain required by clause 26.4 (5) (b)

requirements

for certain

(ii) must comply with the requirements of subclause

(a) it must be vertically hung from steel cables;
(b) it must be framed with structural steel that

other curtains

(1) and with the following requirements:

complies with AS 1250;

(c) it must be sheeted and finished on both faces with sheet steel or other non-combustible material of such gauge, and so fastened to its frame as to ensure that its frame is capable of withstanding distortion;

(d) it must, when closed, overlap the proscenium opening by not less than 300mm at each side and by not less than 600m at the top.

Electric	26.7. An electric motor, together with any used for the operation of curtains and masking in the stage area must be constructed, or fitted with guards, so as to prevent the curtains and masking from coming into contact with it
motors to	associated equipment having moving parts, that is
be guarded

Division 3 - Seating

Conventional	26.8. (1) This clause applies to conventional seating
seating
Application	(that is, seating other than continental seating).
Seating in	(2) Subject to subclause (4), where seating is
rows	arranged in rows, the maximum number of seats in each row must not exceed:

(a)	8, where there is an aisle at one end only of the row, or
(b)	16, where there are aisles at both ends of the row.

1990 - No. 465

Chairs used

(3) Chairs used for seating:

for seating

(a)	must, where they have arms, he at least 500mm from centre to centre; and
(b)	must, where they do not have arms, be at least 450mm from centre to centre; and
(c)	must have a minimum lateral clearance of at least 300mm between:

(i)        the front of each chair and the hack of the chair in front; or

(ii)        if a handrail is provided in front of the chairs, between the front of each chair and the handrail; and

(d) must have a distance of at least 950mm between the back of each chair and the back of the chair in front.

Chairs in	(4) Chairs in an auditorium that has a level floor.
auditoriums
with level	(a) must be securely fastened to the floor, or
floors
(b) must be secured together in groups of not less than 4 and not more than 16.
Chairs in
auditoriums	(5) Chairs in an auditorium having a sloping floor,

with sloping or having stepped or inclined platforms, must be

floors	securely fastened to the floor or platform.
Concentric	(6) Where seating is securely fastened to the floor
seating	and arranged in rows of concentric circles, semi-circles or segments of circles, with radiating aisles:

(a)

the number of seats in each row between 2 aisles must not exceed 24; and

(b)

each seat:

(i)	must have a minimum lateral clearance of at least 325mm between the front of the seat and the back of the seat in front; and
(ii)	must have a distance of at least 975mm between the back of the seat and the back of the seat in front; and

(c) the rows may be curved or straight.

1990 - No. 465

Aisles and

(7) Where aisles and cross-oven are provided:

cross-overs

(a)	each aisle must have a width of at least 1 000mm and each cross-over must have a width of at least 1 500mm; and
(b)	the floor of each aisle must not have a grade of more than 1 in 8 at any part; and
(c)	if there is a step from a row to an aisle or from a landing to an aisle, the step must not project into the aisle.

Platforms

(8) Where an aisle or a clear area contains

and steps platforms

or steps:

(a)

the platforms and steps must extend for the full width of the aisle; and

(b)

if there are no intervening steps between levels of platforms, the height of the platform riser must not be more than 200mm; and

(c)

if there are one or more intervening steps between levels of platforms:

(i)	each riser must be at least 100mm, but not more than 195mm, high; and
(ii)	each going must be at least 240mm deep; and

(iii) risers and goings must be uniform; and goings which are more than 430mm deep at platform level must not have a grade of more than 1 in 50; and

(d)
(e)	at the entrance from the aisle to each row there must be a clear level floor space, extending the full width of the aisle, of at least 300mm, measured from the back of the row in front; and
(f)	any going projecting in front of a seat adjacent to an aisle must be protected by a handrail.

Stepped	(9) Where stepped platforms without chairs, or
platforms	stepped platforms with bench seats, are used for seating.

1990 - No. 465

(a)	each platform must be at least 710mm deep; and
(b)	each seating space must be at least 450mm wide, measured along the front of the platform or bench seat; and
(c)	each seating space must be numbered consecutively, and
(d)	at the entrance from the aisle to each row there must be a clear level floor space, extending the full width of the aisle, of at least 300mm, measured from the back of the row in front; and
(e)	any going projecting in front of a seat adjacent to an aisle must be protected by a handrail and
(f)	in the case of stepped platforms with bench seats, there must be at least 300mm between the back of each seat and the front of the platform behind, or the front of the bench seat behind, whichever is the closer.

Definition	(10) In this clause, a reference to a minimum lateral clearance of a specified measurement is a reference to an unobstructed space having a height above floor level of not less than 2 000mm and a width of not less than the specified measurement.
Continental	26.9. (1) This clause applies to continental seating
seating Application
Seating to	(2) Seating must be securely fastened to the floor.
be fastened
120 seats	(3) The number of seats in a row must not exceed
per row	120.
maximum
Depth of	(4) The depth of each row of seating (that is, the distance between the back of the row and the back of the row in front or, if there is a handrail in front, between the back of the row and the handrail) must, in respect of a row containing a number of seats specified in Column 1 of Table 26.9, be not less than the distance specified in Column 2 of that Table in respect of that number of seats.
rows

1990 - No. 465

Clearance	(5) The minimum lateral clearance between each row of seating must, in respect of a row containing a number of seats specified in Column 1 of Table 26.9, be not less than the clearance specified in Column 3 of that Table in respect of that number of seats.
between rows
Chairs used	(6) Chairs used for seating must comply with clause
for seating	26.8 (3) (a) and (b).
Exits	(7) Egress doorways through the walls of the auditorium:

(a)

must have an aggregate width of at least twice the sum of the clearances specified in Column 3 of Table 26.9 for each row of the auditorium to be served by those doorways; and

(b)

must be provided at each end of every fifth row, excluding the first 2 rows and the last 2 rows in the auditorium if those rows each contain no more than 16 seats; and

(c)

must lead:

(i)	directly to a road or open space; or
(ii)	into a foyer or other area giving access to a road or open space; and

(d)

must be provided with exit signs if, in the opinion of the council, the exits are not sufficiently conspicuous.

Clear areas

(8) A clear area:

(a)	must be provided from each end of each row to an egress doorway in the wall of the auditorium; and
(b)	must have a width of at least:

(i)         the sum of the clearances specified in Column 3 of Table 26.9 for each such row, or

(ii)        500mm,

whichever is the greater, and

(c) if it contains platforms or steps, must comply with clause 26.8 (8) (a), (b), (c), (d) and (f).

1990 - No. 465

Minimum

(9) At the entrance from a row to a clear area, there

least the clearance specified for that row in Column 3
of Table 26.9.

clear space

must be a clear level floor space having a width of at

Doors

(10) A door fitted to the egress doorway in the wall of an auditorium must comply with clause 24.53 (13) and (14).

Handrails

(11) Where a handrail is provided in front of a row of chairs:

(a)	the distance between the back of each chair in that row, or the handrail at the back of that row, and the first-mentioned handrail must be not less than the distance specified in Column 2 of Table 26.9 for the number of chairs in that row; and
(b)	the minimum lateral clearance between the front of each chair in that row and the handrail must be not less than the clearance specified in Column 3 of Table 26.9 for the number of chairs in that row.

Definition (12) In this clause, a reference to a minimum lateral clearance of a specified measurement is a reference to an unobstructed space having a height above floor level of not less than 2 000mm and a width of not less than the specified measurement

TABLE 26.9

Column 1	Column 2	Column 3
Number of seats	Depth of rows	Clearance
in row	(mm)	between rows (mm)

Not exceeding 16 950	300
17 - 30 975	325
31 - 45 1000	350
46 - 60 1025	375
61 - 75 1050	400
76 - 90 1075	425
91 - 105 1100	450
106 - 120 1125	475

1990 - No. 465

Handrails	26.10. (1) Handrails must be provided:
To be
provided	(a) along the fascia of each balcony or box; and
(b) if there is a stepped floor, along the front edge of each cross-over.
Balconies	(2) A handrail provided along the fascia of a
and boxes	balcony or box:

(a)	if it is located at the foot of a stepped aisle, must have its top surface at least 900mm above the floor of the balcony or box and
(b)	if it is not located at the foot of a stepped aisle, must have its top surface at least 750mm above the floor, and
(c)	if it has a ledge more than 70mm wide, must have the top surface of the ledge sloping downwards towards the floor at an angle of at least 30 degrees from the horizontal; and
(d)	must have an unperforated kerb or toeguard extending for at least 300m above the floor.

Cross-overs (3) A handrail provided along the front edge of a cross-over on a stepped floor:

(a) must be at least 750mm high; and

(b) must extend for the full distance between aisles, or between a wall and an aisle, or for such other distance as may be approved.

Fixed-back	(4) If seats with fixed backs are provided, handrails that extend for the full width of the seating, or for such other distance as may be approved, must be provided along the front edge of a stepped platform at least 500mm above the platform unless:
seats

(a)	fixed seat backs of the next lower level project at least 500mm above the level of the stepped platform; and
(b)	there is only one riser between the platform and the next lower cross-over.

Steps between

platforms	(5) If:
(a) there is more than one intervening step in an aisle between levels of platforms, a handrail must be provided (at a vertical height of at

1990 - No. 465

least 660mm measured above the nosing of each tread and of the upper platform) to the sides of the aisle adjacent to those steps; and

(b)

there is more than one intervening step in an aisle between levels of platforms and that aisle is along a wall, a continuous handrail must be affixed to that wall at a height of at least 865mm above the nosing of each tread; and

(c)

the end of a platform or the back of the highest platform does not abut a wall that extends at least 660mm above the floor level of the platform, a handrail not less than 660mm high must be provided:

(i)	at the ends of the platform, extending from the front of the first riser to the back of the highest platform; and
(ii)	at the back of the highest platform, extending the full width of the platform; and

(d)

there is an inclined floor, the raised section of which is not bounded by walls at least 660mm high, a handrail must be provided that extends around the perimeter of the raised section at a height of at least 660mm above the inclined floor level; and

(e)

seating at tables is provided on a stepped platform, a handrail at least 500mm high must be provided along the front edge of the platform.

Division 4 - Ancillary provisions

Open fire	26.1 1. Open fire places and solid fuel burning stoves
places etc.	must not be installed in a building that is designed for the purpose of:

(a) exhibiting films; or
(b) conducting live entertainment.

1990 - No. 465

Smoke and	26.12. A smoke and heat vent installed in the roof
heat vents	above the stage pursuant to clause 26.4 (2) (a):

(a)

must be capable of automatic operation by the inclusion of a heat sensing device designed to activate the system at a temperature of not more than 71°C; and

(b)

must be capable of being released manually from positions at each side of the stage and of being fully activated from either position; and

(c)

must have a notice, prominently displayed at each position referred to in paragraph (b), clearly indicating the method of activation; and

(d)

must have an openable area of not less than one tenth of the total area of the stage or must be fitted with an exhaust fan that is capable of exhausting:

(i)	500 litres per second; or
(ii)	10 litres per second per square metre of the performing area of the stage, 20 litres per second per square metre of the remaining area of the stage and 20 litres per second per square metre of the area of the rigging loft,

whichever is the greater.

Fuel gas

26.13. (1) Fuel gas cylinders:

cylinders

Housing

(a) must be housed in an enclosure that is located outside the building; and

(b) must comply with Clause B.3.2 of the LPG Installation Code.

Requirements

(2) An enclosure referred to in subclause (1) (a):

of enclosure

(a)	must not be located less than 3m from any window, door, vent or other opening; and
(b)	if located 3m or more from a building:

(i)         must have a concrete base; and

(ii)        must be constructed from heavy-gauge chain-wire mesh or other approved material; and

(iii)       must be at least 1.8m high; and

1990 - No. 465

(iv)      must be so designed as to securely contain the fuel gas cylinders in a single line; and

(v)        must be so designed as to allow cross ventilation; and

(c)

if located less than 3m from a building

(i)	must have a concrete base; and
(ii)	must have 3 sides constructed from concrete or masonry; and
(iii)	must have a concrete roof; and
(iv)	must be so designed as to securely contain the fuel gas cylinders in a single line; and
(v)	must have a hinged, heavy-gauge chain-wire door capable of being secured against unauthorised entry, and
(vi)	must have its roof at least 600mm above the uppermost fitting on any fuel gas cylinder housed therein; and

(d)

must be fitted with a hinged heavy-gauge chain-wire door capable of being secured against unauthorised entry; and

(e)

must have its roof at least 600mm above the uppermost fitting on any liquefied petroleum gas cylinder housed therein.

Mechanical	26.14. If a mechanical ventilation system is installed, an emergency isolation switch to close down all mechanical ventilation equipment must be provided in a clearly visible and easily accessible position from the main entry doors, and such a switch must be clearly labelled for ease of identification in an emergency.
ventilation

Division 5 - Provisions for certain rooms

Dressing rooms 26.15. A dressing room, or 2 or more adjoining dressing rooms, having a total floor area of more than 50 square metres:

1990 - No. 465

(a)	must be separated from other parts of the
building by construction having a

fire-resistance rating of at least 1 hour, and

(b)

must have at least 2 means of egress as remote from each other as possible, one of which must discharge:

(i)	directly to a road or open space; or
(ii)	through a fire-isolated exit to a road or open space.

Projection	26.16. (1) This clause applies to projection suites.
suites
Application
Rooms to	(2) A projection suite, other than one that is
be provided	situated in an open-air theatre, must contain:

(a) a projection room; and

(b) sanitary accommodation, comprising at least 1 water closet and 1 hand bash

Fire

(3) A projection suite must be separated from all other internal parts of the building in which it is located by construction having a fire-resistance rating of at least 1 hour.

separation

Openings

(4) If:

(a)	a projection or observation port is not more than 0.1 square metres in area, a metal shutter not less than 1.5mm thick must be fitted thereto; or
(b)	a projection or observation port is more than 0.1 square metres in area, a protection system which can maintain the fire-resistance rating of the wall must be fitted thereto.

Shutters and	(5) A shutter or protection system referred to in subclause (4) must be equipped with an approved device to permit the closing of the shutter or protection system from easily accessible operating positions adjacent to each exit door.
protection
systems
Basement	26.17. (1) Where a place of public entertainment
storeys
Requirements	includes not more than 2 basement storeys:

where 2 or less	(a)	all required exits must be enclosed in
non-combustible construction, with the
exception of the main entry or exit; and

1990 - No. 465

(b)

the auditorium and other public areas must be equipped with a system of mechanical ventilation that complies with AS 1668 (Parts 1 and 2); and

(c)

a hydrant or hydrants (in such number, and in such location, as may be approved) must be provided:

(i)	where the auditorium contains levels (being levels that are more than 10m above the lowest part of the auditorium floor) for the accommodation of persons; or
(ii)	where there is a grid or fly gallery oyer the stage area.

Requirements	(2) If a place of public entertainment includes more
where more
than 2	than 2 basement storeys:

(a)	the construction must be of at least Type 3; and
(b)	all required exits must be fire-isolated in accordance with Tables 16.7, 16.8 and 16.9;
(c)	the building must be equipped with a system of mechanical ventilation that complies with AS 1668 (Parts 1 and 2); and

(d) all enclosed stairways must be pressurised; and

(e) the building must be equipped with a sprinkler system that complies with AS 2118 and with clause 55.17.

Storerooms	26.18. A storeroom must be separated from other parts of the building by construction having a fire-resistance rating of at least 1 hour.
Places used for	26.19. Where a place of public entertainment is
films or live
entertainment	used principally for the purpose of:

(a) exhibiting films; or
(b) conducting live entertainment,

foyer space (excluding stairways and concession areas) must be provided on the basis of at least 0.25 square metres for each person that the place of public entertainment is approved to accommodate.

1990 - No. 465

Division 6 - Drive-in theatres

Drive-in

26.20. (1) This clause applies to drive-in-theatres.

theatres

Applications

Speaker

(2) Speaker standards:

standards

(a)	must be placed at a minimum of 5.5m centres in a line along each parking ramp; and
(b)	must be capable of being illuminated throughout any performance so as to be easily distinguishable at all times.

Lines of

(3) Lines of speaker standards along parking ramps

speaker

must be placed at a distance of not less than 12.2m

standards

apart.

Electrical

(4) The following electrical services must be

services

to be

installed underground:

underground	(a)	the supply authority’s conductors within the
site and the consumer’s mains, unless
otherwise approved;
(b)	electrical wiring external to any building on the site; and

(c) all wiring to the speaker standards.

Vehicular	(5) Each public vehicular entrance to or exit from the drive-in theatre must be capable of being fully illuminated by floodlights that are so placed and so focused as not to interfere with the vision of the driver of any motor vehicle.
entrances
Driveways	(6) Entrance and exit driveways, and the perimeter of the holding area, must be capable of being continuously illuminated by lamps capable of producing a minimum illumination of 0.5 lux at ground level.
Floodlights	(7) The whole of the ramp area of a drive-in theatre must be capable of being floodlit by means of area floodlights to an illumination of at least 10 lux.

(w) by omitting Table 27.2 and by inserting instead the following Table:

1990 - No. 465

TABLE 27.2

REQUIRED HOSE REELS

Column 1 Column 2

Class of building Location of hose reels

II .......................................... In each storey of the building if the rise in storeys of the building is more than 3.

III .......................................... In each storey of the building if the rise in storeys of the building is more than 2

IV, V, VI, VII, VIII, IXa or (1) In each storey of the

IXb, other than a place of building if the rise ia storeys public entertainment ............... of the building is more than

4.
(2) In any storey of the
building if that storey has a
floor area of more than 500
m².

IXb place of public (1) In each storey of the entertainment ........................... building if the rise in storeys

of the building is more than
2
(2) In any storey of the
building if that storey has a
floor area of more than 300
m²

(x)   by omitting Table 27.3 and by inserting instead the following Table:

1990 - No. 465

TABLE 27.3

REQUIRED HYDRANTS

Column 1 Column 2

Class of building Location of hydrants

II, III, IV, V, VI, VII, VIII, or	In each storey of the building
XI	if the rise in storeys of the building is more than 4.
VI ...........................................	In each storey of the building if the building has a total floor area of more than 2000m².

VII ........................................... In each storey of the building if the building has a total floor area:

(a)	in the case of a warehouse used for the storage or display of goods referred to in Part A of the Second Schedule - of more than
2 000m²; and
(b)	in any other case - of more than 3000m².

VIIIa ....................................... In each storey of the building if the building has a total floor area of more than 3000m².

VIIIb .......................................	In each storey of the building if the building has a total floor area of more than 2000m².
IXa or IXb, other than a place	In each storey of the building
of public entertainment ..........	if the building has a total floor area:
(a) in the case of a school -

of more than

3000m²; and

(b)	in any other case - of
more 2 000m²

1990 - No. 465

IXb place of public In each storey of the

entertainment ......................... building:

(a)	if the building has a floor area of more than 500m² but not more than 1000m² and the main entrance to the building is more than 90m from an external hydrant or
(b)	if the building has a floor area of more than 1000m² and any part of the floor of the building is more than 60m from an external hydrant; or
(c)	if the rise in storeys of the building is more than 3.

(y) by inserting after clause 46.6 (3) the following subclause:

Class III

(4) In a Class III boarding-house:

boarding-houses

(a)	separate closet fixtures are not required if the number of persons for whom the building is designed to provide accommodation does not exceed 10; and
(b)	washbasins must be provided at the rate of 1 for every 8 such persons or part thereof; and
(c)	hot water must be provided to all showers, baths and hand basins; and
(d)	where a bath, shower or closet fixture is attached to a bedroom, at least 1 other closet fixture must be accessible without entering a bedroom or dormitory, and

(e) at least 1 bath must be provided.

(z) by omitting from clause 46.8 the words "and IX building" and by inserting instead the words ", IXa and IXb building, other than a place of public entertainment";

1990 - No. 465

(aa) by inserting after clause 46.8 the following clause:

Places of public 46.8.1. (1) This clause applies to places of public

entertainment

Application	entertainment, other than temporary structures and open air theatres.
Separate	(2) Separate sanitary accommodation must be
sanitary
accommodation	provided for men and women unless otherwise
to be provided	approved.
Requirements	(3) Sanitary accommodation must be provided as
for sanitrary
accommodation	follows:

(a)

for women:

(i)	one closet for every 75 persons, or part thereof, that the place of public entertainment can accommodate; and
(ii)	one hand basin for every 150 persons, or part thereof, that the place of public entertainment can accommodate;

(b)

for men:

(i)	one closet for every 250 persons, or part thereof, that the place of public entertainment can accommodate; and
(ii)	one unit of urinal for every 100 persons, or part thereof, that the place of public entertainment can accommodate; and
(iii)	one hand basin for every 150 persons, or part thereof, that the place of public entertainment can accommodate,

calculated in accordance with clause 24.28.

Computation	(4) For the purposes of subclause (3), the number
of maximum
capacity for	of persons that a drive-in theatre can accommodate is
drive-in	equivalent to twice the number of vehicles that the
theatres	drive-in theatre can accommodate.
Sanitary	(5) Sanitary accommodation for persons using the
accommmodation
for persons	stage or dressing room of a place of public
using stage and	entertainment must be provided as approved
dressing rooms
Drive-in	(6) In the case of a drive-in theatre, the following
theatres	separate sanitary accommodation must be provided for staff employed there:

1990 - No. 465

(a)	one water closet and one hand bash for the female staff;
(b)	one water closet, one hand basin and one urinal unit for the male staff.

(bb) by inserting after clause 49.7 the following clause:

Height of	49.8. The ceiling of the auditorium of a place of
auditorium
ceiling	public entertainment must at no point be less than

places of 2 400mm above:
public

entertainment (a) the floor, or
(b) any seating platform,

immediately beneath that ceiling.

(cc) by inserting after clause 50.4 the following clause:

Places of	50.4.1. (1) This clause applies to places of public
public	entertainment
entertainment Application

Provision of (2) Where general lighting is to be either dimmed aisle lights or extinguished when the public is in attendance and

where the floor is: (a) stepped; or (b) at an inclination greater than 1 in 12,

aisle lights must be provided to illuminate the length

of each aisle and the tread of each step therein.

Low-voltage	(3) Where an aisle light is installed in a seat frame, it must be supplied at a voltage of not more than 32 volts (alternating current) or 115 volts (direct current).
electricity
Alternative	(4) Aisle lighting must be provided with an
power supply
for aisle	alternative electricity supply that is capable of being
lighting	automatically energised in the event of failure of the primary lighting electricity supply.
Requirements	(5) The alternative electricity supply for aisle
for alternative
power supply	lighting must comply with the provisions required for emergency lighting.

1990 - No. 465

(dd) by omitting clause 53.9 (1) (b) and by inserting instead
the following paragraph:

(b) except for a place of public entertainment, is more than 1m (or 5 risers in the case of a stairway) above the finished level of the adjoining floor or ground.

(ee) by omitting clause 53.9 (3) and (4) and by inserting
instead the following subclauses:

Heights of	(3) The height of a required balustrade or guard
balustrade
or guard	must be at least

(a) 1 200mm in the case of a place of public entertainment; and

(b) 865mm in any other case,

such height, in the case of a stairway, being measured

above the nosings of the stair treads.

Width of	(4) The width of any opening in a balustrade or
openings in
balustrades	guard must be not more than 125mm.
in general
Exemption	(5) This clause does not apply to a Class I building.

(ff) by omitting clause 53.10 (9) and by inserting instead
the following subclause:

Places of	(9) Notwithstanding any other provision of this clause, in a Class IXb building (such as a grandstand, lecture theatre, place of public entertainment or the like containing fixed seating):
public
entertainment

(a)

access for disabled people:

(i)	must be provided to each auditorium, but not to every tier or platform level, and to the main entrance to the auditorium; and
(ii)	must be provided at the end of each row, adjacent to the aisle or off a cross-over leading directly to a doorway of the auditorium; and
(iii)	if provided at a cross-over, each space for a person using a wheelchair must be located within the row and adjacent to other fixed seating, and must have a width of at least 760mm; and

1990 - No. 465

(b)

the whole of the space allocated for a person using a wheelchair must not infringe on the effective width of aisles by more than 250mm; and

(c)

the minimum number of wheelchair spaces to be provided is to be determined in accordance with Table 53.10 (9); and

(d)

wheelchair accommodation

(i)	must not obstruct ease of access and egress for other occupants of the auditorium; and
(ii)	must comply with the other requirements of this Ordinance in relation to seating.

TABLE 53.10 (9)

REQUIREMENTS FOR THE PROVISION OF

WHEELCHAIR ACCOMMODATION

Number of seats in auditorium Minimum number of

wheelchair spaces to be

provided	for	disabled
persons

0 - 100 ............................. 1

101 - 200 .............................	2
201 - 400 .............................	3

Over 400 ............................. 3, plus an additional space for each additional 200 seats, or part thereof, by which the number of seats exceeds 400.

(gg)	by inserting after clause 55.5.1 the following clause:
Places of public	55.6. (1) This clause applies to places of public
entertainment
Application	entertainment.
Main	(2) The switchboard containing the main isolation
switchboard	switch:

1990 - No. 465

(a)	must be located in a position that is readily accessible to authorised persons, and to the fire brigade, in the case of an emergency, and
(b)	must be enclosed by construction having a fire-resistance rating of at least 1 hour.

Circuit	(3) Protection of a circuit originating at a
breakers	switchboard or distribution board must be by means of circuit breakers.
Separate	(4) Where a place of public entertainment has its
sub-mains	mains supply in common with that of another building or where it is a portion of a building

(a)	the place of public entertainment must be
served by a separate and independent

sub-main from the main switchboard; and

(b)

each such sub-main, the consumer‘s main and the supply authority’s conductors within the building must be protected against fire by means of:

(i)	mineral-insulated metal-sheathed cables or cables that provide at least 2 hours’ fire protection; or
(ii)	heavy-duty PVC conduit or metallic pipe concrete encased in walls or slabs with a minimum of 50mm cover; or
(iii)	heavy-duty PVC conduit or metallic pipe, buried at least 500mm below ground level, for underground cabling and

(c)

the main switchboard must be enclosed by construction having a fire-resistance rating of at least 1 hour.

Location of	(5) The main switch controlling the lighting system
main lighting
switch	must not be readily accessible to members of the public.

(hh) by omitting from clause 55.12 (3) the matter "or IX building and by inserting instead the matter ", IXa or IXb building, other than a place of public entertainment";

1990 - No. 465

(ii)        by inserting after clause 55.12 (3) the following subclauses:

Emergency	(3A) In a place of public entertainment, an
lighting in
places of public	emergency lighting system must be installed in any
entertainment	storey of the building that is designed to accommodate persons and that is provided with general lighting.
Protection of	(3B) Where an emergency lighting fitting is situated
emergency
lights from	where it is likely to be exposed to damage, the fitting
damage	must be adequately protected against such damage.

(jj)	by inserting in clause 55.12 (6) after the matter "(3)" the matter ", (3A), (3B)";
(kk)	by inserting after clause 58.3 the following clause:

Temporary 58.4. (1) This clause and clauses 1.3, 1.6, 3.2, 3.3, 4.2,

structures

Application	6.1 and 6.6 (6), Divisions 1 and 3 of Part 62 and
of certain	Divisions 1 and 3 of Part 63, but no other provisions
provisions	of this Ordinance, apply to temporary structures within the meaning of Division 4BA of Part 11 of the Act.
Definition	(2) In this clause, a reference to an entrance or exit does not include a reference to an entrance or exit provided for persons or animals performing in a temporary structure.
Provisions
re exits	(3) Exits must be so provided and arranged as to afford a ready means of egress from all parts of a temporary structure.
Further	(4) Without limiting the generality of subclause (3): the number of exits to be provided for a temporary structure designed to accommodate a number of persons specified in Column 1 of the Table to this subclause must be not less than the number of exits specified in Column 2 of that Table in respect of that number of persons; and
provisions
re exits	(a)
(b) the aggregate width of the exits to a temporary structure designed to accommodate a number of persons specified in Column 1 of the Table to this subclause must be not less than the width specified in Column 3 of that Table in respect of that number of persons.

1990 - No. 465

TABLE 58.4 (4)

Column 1 Column 2 Column 3

Accommodation Number of exits Aggregate

provided	required	width of exits
mm
1 - 25 persons	*1-2	1 000
26 - 50 persons	2	1 500
51 - 75 persons	2	2 000
76 - 100 persons	2	2 500
101 - 200 persons	2	3 000
201 - 400 persons	3	4 500
401 - 600 persons	4	6 000
601 - 800 persons	5	7 500
801 - 1000 persons	5	9 000
over 1000 persons	5 plus one additional	9 000, plus
exit for each additional	500mm for
450 persons or part	each
therof.	additional 50
persons or
part therof.

* Where only one exit is provided that exit must be at least 1 00mm wide. Where 2 exits are provided each must be at least 500mm wide.

Vertical	(5) Every part of an entrance or exit must provide a minimum unobstructed vertical clearance of 2 000mm and, where the entrance or exit is beneath a stepped seating platform, infilled risers or other approved overhead protection must be provided above the entrance or exit.
for exits
clearances

Curtains	(6) A flap or curtain used to cover an exit must be
across exit	so designed that, when it is secured, it will not obstruct or impede egress.

1990 - No. 465

Curtains	(7) Curtains and blinds for use in a temporary structure intended to be used mainly for exhibiting films or conducting live entertainment must comply with clause 16.19 (14), (15) and (16).
and blinds
generally
Projection	(8) Any projection suite must comply with clause

suites

26.

16 (3), (4) and (5).

Flammability

(9) Subject to subclause (10):

index of fabrics

(a)	fabric that is used in the construction of a temporary structure; and
(b)	fabric that is within a height of 4m from the base of the temporary structure,

must have a flammability index of not more than 6.

Air-supported	(10) Where:
temporary
structures	(a) an air-supported temporary structure has no other supporting framework, the flammability index number applicable to the whole of the fabric used in its construction must not be more than 6; and
(b) an air-supported temporary structure has other supporting framework

(i)         fabric that is used in its construction; and

(ii)        fabric that is at a height of more than 4m from the base of the temporary structure,

must have a flammability index of not more than 25.

Handrails	(11) A rigid handrail:
(a) must be provided at each end of a stepped or inclined platform, at least 750mm high above the floor of the platform, and must extend:

(i)         in the case of a stepped platform, from the front of the first riser; and

(ii)        in the case of an inclined platform, from the front of the first row of seating,

to the back of the highest platform and along the rear of that platform for its full width; and

1990 - No. 465

(b) must be provided along the open sides of any open stairwell that penetrates a floor, and must extend at least 600mm above the floor; and

(c) must not obstruct any aisle, cross-over or exit, (12) Seating must be provided in accordance with clause 26.8 (2), (3) (a), (b), (c) (i) and (d), (4) (b), (6) (a) and (c), (7) (a) and (9) (a), (b), (c) and (d), and a minimum lateral clearance of 300mm must be provided between:

Seating

(a)	the front of each chair and the back of the chair in front; or
(b)	if a handrail is provided in front of the chair, between the front of each chair and the handrail.

Sanitary	(13) Approved sanitary accommodation must be
accommodation	provided at a location convenient to the temporary structure.
Fires etc	(14) Except where otherwise approved, no fireplace or other form of heating equipment may be installed in a temporary structure.
Electrical	(15) Electrical services connected to the local
services	supply authority’s mains, to a generating plant or to a battery supply must comply with:

(a) the requirements of the local supply authority, and

(b) AS 3002; and
(c) where applicable, AS 3000; and

(d) clause 55.6 (2) (a) and (4) (a).

Artificial (16) Approved artificial lighting must be provided.

lighting

Emergency	(17) Where the lamps utilised in the general lighting of a temporary structure are of a type that will not relight immediately after the restoration of the primary electricity supply to those lamps:
lighting

(a) a time delay or other suitable means must be provided to maintain the emergency lighting for a period not less than that necessary to allow the general lighting lamps to restrike; or

1990 - No. 465

(b)

lamps of a type that will provide immediate lighting must be installed and:

(i)	must be arranged in such a manner as to ensure visual conditions not inferior to those required by subclause (20) to be provided by the emergency lighting in that temporary structure; and
(ii)	must be capable of being switched in common with the general lighting and of being controlled also by the override switch required by subclause (18).

Override	(18) Where, during normal use, general lighting may be dimmed or switched off, an override switch to switch on all the general lighting instantaneously must be installed in a readily accessible position.
lighting
switches
Emergency	(19) Emergency lighting must be provided to the areas provided with artifical lighting under subclause (16) and must include a sufficient number of lamps to give a minimum illumination of 0.2 lux at a height of 1m above the floor level of each such area
light.
Power	(20) Where emergency righting is energised from a used, and the capacity of the battery and charging system must be sufficient to provide the illumination required by subclause (19) for.
supply for
emergency	battery supply, a central battery bank only must be
lighting

(a)	half an hour, in respect of a temporary structure designed to accommodate not more than 1 000 persons; and
(b)	1hour, in respect of a temporary structure designed to accommodate more than 1 000, but not more than 3 000, persons; and
(c)	such period (not less than 1 hour) as may be approved, in respect of a temporary structure designed to accommodate more than 3 000 persons.

1990 - No. 465

Exit signs	(21) Exit signs must be provided above all exits and in such other locations as may be required by the council, and must comply with clause 24.29.
Fire-fighting	(22) Fire-fighting services and appliances must be so provided as to afford adequate protection, must comply with Part 27 and must be so located as the council, on the advice of the Director-General of New South Wales Fire Brigades, may require.
services and
appliances
Definition	(23) In this clause, a reference to a minimum lateral clearance of a specified measurement is a reference to an unobstructed space having a height above floor level of not less than 2 000mm and a width of not less than the specified measurement.

(ll)         by inserting after Part 61 the following Parts:

PART 62 - APPROVALS AND LICENCES ETC.

Division 1 - Preliminary

Division of	62.1. This Part contains the following Divisions:
Part

Division 1 - Preliminary
Division 2 - Places of public entertainment
Division 3 - Temporary structures

Division 4 - Boarding-houses

Definitions	62.2. In this Part:
"approval" means an approval issued under

Division 4BA of Part 11 of the Act;

"authorised officer" has the same meaning as it has

in Division 4BA of Part 11 of the Act;

"Secretary" means the Secretary of the Department

of Local Government.

Division 2 - Places of public entertainment

Application 62.3. This Division applies to places of public entertainment within the meaning of Division 4BA of Part 11 of the Act.

1990 - No. 465

S.530A

62.4. For the purposes of section 530A(2) (g) of the

suspend or cancel an approval, are prescribed
matters.

prescribed

Act, a refusal to issue an approval, and a decision to

matters

Approvals

62.5. (1) On application made by or on behalf of the owner of any place of public entertainment, the council may give the owner an approval in respect of that place of public entertainment

Council

may give

Applications

(2) An application for an approval may form part of
a building application in respect of the same building.

Application

(3) An application for an approval must be

fees

accompanied by the fee (if any) fixed by the council in
that regard.

Conditions

(4) An approval may be given subject to such reasonable and relevant conditions (being conditions relating to matters concerning the management and use of the place of public entertainment) as the council determines.

of approval

Certificates of

(5) An approval with respect to a building for which a certificate of classification has been issued may be endorsed on the certificate of classification for the building.

classification

Duration

(6) Subject to any suspension, an approval remains

of approval

in force until it is cancelled.

Annual fee

(7) An approval is subject to payment of an annual fee of such amount (if any) as the council may determine in that regard.

Notices of

62.6. (1) If, in the opinion of the council:

irregularity

Council

(a) any matter or thing at or in relation to the place

may serve

of public entertainment contravenes the requirements of Part 11 of the Act or of this Ordinance; or

(b) the owner or occupier of the place of public entertainment contravenes Division 4BA of Part 11 of the Act or of this Ordinance; or

1990 - No. 465

(c) the place of public entertainment becomes unsightly, untidy or in such a state as to become a danger to the health or safety of persons using the place of public entertainment,

the council may serve on the owner or occupier of the place of public entertainment a notice of irregularity.

Form of

(2) A notice of irregularity

notice

(a) must be in writing and

(b)	must specify clearly and in ordinary language the nature of the irregularity and what should be done to rectify it; and
(c)	must specify any relevant provision of the Act or of this Ordinance which is allegedly being contravened; and
(d)	must state a time within which the person to whom the notice is addressed is required to comply with the notice; and
(e)	must state the penalty provided by the Act or this Ordinance for failure to comply with the notice.

Copy to be

(3) A copy of any notice of irregularity addressed to a person other than the owner of the place of public entertainment must at the same time be furnished to the owner.

sent to owner

Revocation

(4) The council may, by a subsequent notice, revoke

and variation

of notices

or vary a notice of irregularity.

Suspension and

62.7. (1) The council may suspend an approval

cancellation of

approvals

pending compliance by the owner or occupier of the

Council may

place of public entertainment with:

suspend

approval

(a) a condition of the approval; or

(b)	any requirements contained in a notice of irregularity under clause 62.6 (whether or not the time limited by that notice for compliance with the requirement has expired); or
(c)	a notice to upgrade under section 317D of the Act (whether or not the time limited by that notice for compliance with the requirement has expired).

1990 - No. 465

Effect of	(2) While an approval is suspended, the premises to
suspension	which it relates must not be used as a place of public entertainment.
Council	(3) The council may cancel an approval if it is
may cancel	satisfied:
approval

(a) that the approval was improperly obtained; or

(b)

that the owner or occupier of the place of public entertainment has failed to comply with:

(i)	a condition to which the approval is subject; or
(ii)	a notice of irregularity under clause 62.6; or
(iii)	a notice to upgrade under section 317D of the Act; or
(iv)	an emergency closure order under section 317JN of the Act; or

(c)

an annual fee for the approval has not been paid

Notification	(4) A notice of suspension or cancellation of an approval must be given to the owner of the building and (if the owner is not also the occupier) to the occupier.
to be given
When	(5) The suspension or cancellation of an approval received by the occupier of the building (or, if the notice so stipulates, on a later date specified in the notice).
suspension or
cancellation	takes effect when written notice of it has ken
takes effect
Lifting of	(6) Suspension of an approval may be lifted by the
suspension	council by notice in writing served on the occupier of the building.
Information
to be sent to	62.8. The council must, as soon as practicable, send
Secretary of	to the Secretary:
Department	(a) a copy of:

1990 - No. 465

(i)          each approval; and

(ii)        each notice of suspension or cancellation of an approval; and

(iii) each emergency closure order under section 317JN of the Act,

issued by the council; and

(b) notice of each change of ownership of a place of public entertainment.

Register	62.9. (1) The council must keep a register, in
Council to	respect of each place of public entertainment for
keep register	which it gives an approval, containing particulars of: (a) the date on which the approval was given; and

(b)	the name and address of the owner of the place of public entertainment; and
(c)	the approved capacity of the place of public entertainment; and
(d)	if the approval is suspended or cancelled, the date of the suspension or cancellation and the reason therefor.

Register to	(2) The register is to be available for inspection by
be open for
public	any member of the public at the office of the council
inspection	during office hours.

Division 3 - Temporary structures

Application	62.10. This Division applies to temporary structures
of Division	within the meaning of Division 4BA of Part 11 of the Act.
Division	62.11. This Division binds the Crown.
binds Crown
s. 530A	62.12. For the purposes of section 530A (2) (g) of
prescribed	the Act, a refusal to issue an approval, and a decision
matters	to suspend or cancel an approval, are prescribed matters.
Approvals	62.13. (1) On application made by or on behalf of
Secretary	the owner of any temporary structure, the Secretary
may give	may give the owner an approval, or a renewal of an approval, in respect of the temporary structure.

1990 - No. 465

Application (2) An application for an approval or for renewal of

fees	an approval must be accompanied by the fee (if any) fixed by the Secretary in that regard.
Renewals	(3) An application for the renewal of an approval must be made at least 40 days before the approval would, if not renewed, expire.
Conditions	(4) An approval may be given subject to such reasonable and relevant conditions (being conditions relating to matters concerning the management and use of the temporary structure) as the Secretary determines.
of approval
Duration	(5) Subject to any suspension or cancellation, an approval remains in force for such period (not exceeding 12 months from the date of its issue or renewal) as may be specified in the approval or, if an application for renewal of the approval has ken made, but not determined, within that period, until the application is finally determined.
of approval
Annual fee	(6) An approval is subject to payment of an annual fee of such amount (if any) as the Secretary may determine in that regard.
Notices of
irregularity	62.14. (1) If, in the opinion of an authorised officer:
Authorised	(a) any matter or thing at or in relation to the

officer may	temporary	structure	contravenes	the
serve

requirements of Part 11 of the Act or of this

Ordinance; or

(b) the owner of the temporary structure contravenes Division 4BA of Part 11 of the Act or of this Ordinance,

the authorised officer may serve on the person to whom the relevant approval was issued a notice of irregularity.

Form of	(2) A notice of irregularity:
notice	(a) must be in writing; and
(b) must specify clearly and in ordinary language the nature of the irregularity and what should be done to rectify it; and

1990 - No. 465

(c)	must specify any relevant provision of the Act or of this Ordinance which is allegedly being contravened; and
(d)	must state a time within which the person to whom the notice is addressed is required to comply with the notice; and
(e)	must state the penalty provided by the Act or this Ordinance for failure to comply with the notice.

Revocation	(3) An authorised officer may, by a subsequent
and variation
of notice	notice, revoke or vary a notice of irregularity.
Suspension	62.15. (1) An authorised officer may suspend an
and
cancellation	approval pending compliance by the owner of the
of approvals	temporary structure with:
Authorised
officer may	(a) a condition of the approval or
suspend
approval	(b) any requirements contained in a notice of irregularity under clause 62.14 (whether or not the time limited by that notice for compliance with the requirement has expired).
Effect of	(2) While an approval is suspended, the structure to
suspension	which it relates must not be used for the purpose of providing public entertainment.
Authorised	(3) An authorised officer may cancel an approval if
officer may
cancel	he or she is satisfied:
approval	(a) that the approval was improperly obtained; or
(b) that the owner of the temporary structure has failed to comply with:

(i)         a condition to which the approval is subject or

(ii)        a notice of irregularity under clause 62.14; or

(iii) an emergency closure order under section 317JN of the Act; or

(c) an annual fee for the approval has not been paid.

1990 - No. 465

Notification	(4) A notice of suspension or cancellation of an
of suspension
or	approval must be given to the person to whom the
cancellation	relevant approval was issued and (if that person is not
to be given	also in possession of the temporary structure) to the person for the time being in possession of the temporary structure.
When	(5) The suspension or cancellation of an approval received by the person in possession of the temporary structure (or, if the notice so stipulates, on a later date specified in the notice).
suspension or
cancellation	takes effect when written notice of it has been
takes effect
Lifting of	(6) Suspension of an approval may be lifted by an
suspension	authorised officer by notice in writing served on the person to whom the relevant approval was issued.
Register	62.16. (1) The Secretary must keep a register, in respect of each temporary structure for which the Secretary gives an approval, containing particulars of:
Secretary to
keep register

(a)	the date on which the approval was given; and
(b)	the period for which the approval is to remain in force; and
(c)	the name and address of the person to whom the approval is issued; and
(d)	the approval capacity of the temporary

structure; and

(e)	the type of public entertainment that the approval allows to be conducted in the temporary structure; and
(f)	if the approval is suspended or cancelled, the date of the suspension or cancellation and the reason therefor.

Register to	(2) The register is to be available for inspection by
be open for
public	any member of the public at the offices of the
inspection	Department during office hours.

Division 4 - Boarding-houses

Application	62.17. This Division applies to Class III
of Division	boarding-houses,

1990 - No. 465

S.530A	62.18. For the purposes of section 530A (2) (g) of the Act, a refusal to issue a licence, and a decision to cancel or suspend a licence, are prescribed matters.
prescribed
manner
Licences	62.19. (1) On application made by or on behalf of the owner of a boarding-house, the council may issue a licence to the owner in respect of the boarding-house.
council
may issue
Application	(2) An application for a licence must be
fees	accompanied by the fee (if any) fixed by the council in that regard.
Conditions	(3) A licence may be issued subject to such reasonable and relevant conditions (being conditions relating to matters concerning the management and use of the boarding-house) as the council determines.
of licences
Certificate of	(4) A licence with respect to a building for which a certificate of classification has been issued may be endorsed on the certificate of classification for the building.
classification
Duration	(5) Subject to any suspension, a licence remains in
of licence	force until it is cancelled.
Notices of	62.20. (1) If, in the opinion of the council:
irregularity
council	(a) any matter or thing at or in relation to the
may serve	building contravenes Part 10 or 11 of the Act or this Ordinance; or

(b)	the owner contravenes Part 10 or 11 of the Act or this Ordinance; or
(c)	the building becomes unsightly, untidy or in such a state as to become a danger to the health or safety of persons using the building,

the council may serve on the owner of the building a

notice of irregularity.

Form of	(2) A notice of irregularity:
notice
(a) must be in writing; and
(b) must specify clearly and in ordinary language the nature of the irregularity and what should be done to rectify it; and

1990 - No. 465

(c)	must specify any relevant provision of this
Ordinance which is allegedly being

contravened; and

(d)	must state a time within which the person to whom the notice is addressed is required to comply with the notice; and
(e)	must state the penalty provided by the Act or this Ordinance for failure to comply with the notice.

Revocation	(3) The council may, by a subsequent notice, revoke
and variation	or vary a notice of irregularity.
of notice
Suspension	62.21. (1) The council may suspend a licence
and
cancellation	pending compliance by the owner of the building with:
of licences
Council	(a) a condition of the licence; or
suspend
may	(b) any requirements contained in a notice of irregularity under clause 62.20 (whether or not the time limited by that notice for compliance with the requirement has expired); or
licence
(c) a notice to upgrade under section 317D of the Act (whether or not the the limited by that notice for compliance with the requirement has expired).
Council
may cancel	(2) The council may cancel a licence if it is satisfied:
licence	(a) that the licence was improperly obtained; or
(b) that the owner the building has failed to comply with:

(i)         a condition to which the licence is subject; or

(ii)        a notice of irregularity under clause 62.20; or

(iii) a notice to upgrade under section 317D of the Act.

Notifcation	(3) A notice of suspension or cancellation of a licence must be given at the same time to the owner of the building and (if the owner is not also the occupier) to the occupier.
to be given

1990 - No. 465

When	(4) The suspension or cancellation of a licence received by the owner of the building (or, if the notice so stipulates, on a later date specified in the notice).
suspension or
cancellation	takes effect when written notice of it has been
takes effect
Lifting of	(5) Suspension of a licence may be lifted by notice
suspension	in writing served on the owner or occupier of the building.
Information	(6) The council must send to the Secretary
to be sent
to Secretary	(a) a copy of:

(i)          each licence; and

(ii) each notice of suspension or

cancellation of a licence,

issued by the council; and

(b) notice of each change of ownership of a boarding-house.

Register	62.22. (1) The council must keep a register, in
Council to	respect of each licensed boarding-house, containing
keep register	particulars of:

(a) the name and address of the proprietor, from time to time, of the boarding-house; and

(b) the address of the boarding-house; and

(c)	the number of rooms in the boarding-house; and
(d)	the number of bedrooms in the boarding-house for the use of boarders or lodgers; and
(e)	the maximum number of boarders or lodgers
that may be accommodated in the

boarding- house; and

(f)	the maximum number of residents, other than
boarders or lodgers, that may be

accommodated in the boarding-house.

Council to (2) The council must keep a schedule for each

keep	licensed boarding-house showing the maximum
schedules	number of persons that may be permitted to be accommodated in each bedroom or dormitory.

1990 - No. 465

Register to	(3) The register is to be available for inspection by
be open to
public	any member of the public at the office of the council
inspection	during office hours.

PART 63 - MANAGEMENT AND USE OF

PREMISES ETC.

Division 1 - Preliminary

Division of

63.1. This Part contains the following Divisions:

Division 1 - Preliminary
Division 2 - Places of public entertainment
Division 3 - Temporary structures
Division 4 - Boarding-houses

Part

Definitions

63.2. In this Part
"promoter", in relation to a place of public

entertainment or temporary structure in which any entertainment or meeting is being promoted or conducted, means the person who is promoting or conducting the entertainment or meeting;

"proprietor", in relation to a boarding-house, means

the person who has the day-to-day control and

management of the boarding-house.

Division 2 - Places of public entertainment

Application

63.3. This Division applies to places of public entertainment within the meaning of Division 4BA of Part 11 of the Act.

Copy of

63.4. The occupier of a place of public

for the place of public entertainment is conspicuously
displayed in the place of public entertainment.

approval to

entertainment must ensure that a copy of the approval

be displayed

Fire safety

63.5. (1) A promoter must ensure that:

officers

To be

(a) if the place of public entertainment has a grid or means of flying scenery over the stage and an approved capacity of more than 2 000 persons; or

appointed

1990 - No. 465

(b) if the council so directs,

there is on duty, at all times while the place of public entertainment is open to the public for a stage performance, such number of competent fire safety officers as the council may determine in respect of the place of public entertainment.

To have	(2) A fire safety officer referred to in subclause (1):
certain
functions	(a) must wear a distinctive uniform identifylng that person as such; and
(b) must ensure that fire fighting equipment

(i)       is in the correct location; and

(ii)      is in an operative condition; and

(c) must report to the owner of the premises, or occupier, any fire hazard or situation which that person considers may be prejudicial to public safety.

Not to	(3) Whenever the public is in attendance at the
exercise
other	premises, a fire safety officer referred to in subclause
functions	(1) is not to be required to carry out duties other than those referred to in subclause (2).

Stage hands 63.6. (1) A promoter must ensure that at least one
To operate suitably trained person is in attendance in the stage safety curtains etc area at all times during a stage performance for the

purpose of operating, whenever necessary, the proscenium safety curtain, drencher system and smoke exhaust system

To perform	(2) Except where a fire safety officer is on duty in
duties of
fire safety	accordance with the requirements of clause 63.5 (1),
officer	the person referred to in subclause (1) must, in
addition to the requirements of that subclause, perform the duties specified in clause 63.5 (2) (b) and
(c) .
Projection	63.7. A promoter must ensure that:
suites
(a) at least one suitably trained person is in attendance in the projection suite at all times while a film is being exhibited; and

1990 - No. 465

(b) no member of the public is permitted to enter or remain in the projection suite at any such time.

Smoking and 63.8. (1) Subject to subclauses (2)-(4), a promoter
drinking
General must ensure that persons do not smoke or consume

prohibition liquor in the auditorium, projection suite, stage area or wings, or in a plant room, store room or property room.

Exemption	(2) Subclause (1) does not apply to smoking where
re smoking
for certain	the place of public entertainment is being used for the
premises	purposes of a public meeting or for the purposes of:

(a)	a public entertainment being conducted at a place where meals or liquor are king served; or
(b)	a public entertainment that consists of public dancing,

and if the occupier of the place of public

entertainment consents to persons smoking.

Exemption (3) Subclause (1) does not apply to smoking by

re smoking persons who are doing so as a necessary part of a for certain performers performance king conducted on stage or in an

auditorium.

Exemptions (4) Subclause (1) does not apply to the

re drinking consumption of liquor:
for certain

premises (a) at licensed premises within the meaning of

Division 4BA of Part 11 of the Act; or

(b) at premises in respect of which there is in force a permit that has ken issued by a member of the police force of or above the rank of sergeant and that permits the consumption of liquor at those premises.

Naked flames	63.9. (1) Subject to subclauses (2) and (3), a
General
prohibition	promoter must ensure that persons do not:

(a) expose flame; or

(b) carry, or have in their possession, an explosive, flammable liquid or gas,

in a place of public entertainment.

1990 - No. 465

Exemption

(2) Subclause (1) does not apply to:

for certain

purposes

(a) the striking of matches or the use of cigarette lighters in connection with smoking where smoking is permitted in accordance with clause 63.8; or

(b)	the exposure of flame in connection with the preparation and serving of meals in approved areas; or
(c)	the exposure of flame in connection with the use of a heater, or
(d)	the carrying of flammable liquid or gas in a cigarette lighter.

Exemption

(3) The council may, subject to such conditions as it

for certain

performers

may determine, permit the use of:

(a) exposed flame; or
(b) explosives; or

(c) flammable liquid or gas,

by a performer or performers for the purpose of a

performance king conducted

Conditions	(4) Where smoke, gas, other chemical or a similar
of exemption	substance is used for the purpose of a performance, it must be used in such a way as not to:

(a) create a hazard; or

(b) cause alarm or discomfort to the audience.

Dangerous 63.10. (1) A promoter must not promote or conduct

performances performance that involves danger to the public.
General

prohibition

Specific (2) In particular, a promoter must not cause or

prohibition	allow any nitrate film to be exhibited in a place of public entertainment.
Marking of	63.11. Where it is intended that the audience at a performance be seated on the floor, a promoter must ensure that aisles and cross-overs are clearly defined on the floor.
aisles and
cross-overs

Aisle lights	63.12 A promoter must ensure that aisle lights
to be
energised	referred to in clause 50.4.1 are energised when: (a) the public is in attendance; and

1990 - No. 465

(b) the main auditorium lighting is dimmed or extinguished.

Locks	63.13. (1) A promoter must ensure that any used by the public as a main entrance is so arranged that, whenever the public is in attendance, the tongue or bolt is locked in the retracted position to enable the door or gate to yield to pressure from within.
Not to	key-operated fastening fitted to an exit door or gate
prevent
exit
Smoke doors	(2) A promoter must ensure that all required smoke
to be kept
closed	doors are kept closed at all times when not in actual use.
Rope barriers	63.14. A rope barrier may be used across or at the side of an aisle provided that:

(a) it is secured with spring clips which become unfastened when pressure is exerted on the rope; and

(b) it has a centre fastening only, and

(c) it does not trail on the floor when released.

63.15. A promoter must ensure that, where a

Proscerium

curtains proscenium safety curtain is installed:

(a) there is no obstruction to the opening or closing of the safety curtain; and

(b) the safety curtain is operable at all times.

Authorised 63.16. An authorised officer within the meaning of

officers may Division 4BA of Part 11 of the Act may exercise the

exercise certain

functions	functions of a council under this Division.
Penalties	63.17. Any person who contravenes a provision of this Division is guilty of an offence and liable to a penalty not exceeding $1 ,000.
Council	63.18. The council may at any time require the
may require	owner or occupier of the building to furnish a
fire-safety
information	certificate from the National Building Technology
Centre, or other approved testing authority, as to the early fire hazard or flammability properties of the finish of a wall, ceiling or floor, or of a curtain, blind or cinematograph screen.

1990 - No. 465

Division 3 - Temporary structures

Application	63.19. This Division applies to temporary structures
of Division	within the meaning of Division 4BA of Part 11 of the Act.
Application	63.20. Clauses 63.4 - 63.18 apply to temporary
of clauses
63.4 - 63.18 to	structures in the same way as they apply to places of
temporary	public entertainment.
structures

Division 4 - Boarding-houses

Application	63.21. This Division applies to Class III
of Division	boarding-houses.
Licensing	63.22. (1) The owner of a building must not cause
Boarding-
houses to	or permit the building to be used as a boarding-house
be licenced	unless it is the subject of a licence that is in force.
Exemption	(2) This clause does not prevent the owner of a boarding-house in respect of which an approval is suspended from allowing the persons who were residing there, immediately before the approval was suspended, to continue residing there during the period of suspension.
Notice of	63.23 The owner of a boarding-house must notify
change of	the council of any change of proprietor of the
particulars	boarding-house forthwith after the change occurs.
Maximum	63.24. The proprietor of a boarding-house must
number of
boarders	ensure that the number of boarders or lodgers
of lodgers	(exclusive of children under the age of 5 years):

(a)	does not exceed the maximum number of persons allowed by the licence to be accommodated in each bedroom or dormitory, and
(b)	does not exceed the maximum number of persons allowed by the licence to be accommodated in the boarding-house.

Copy of	63.25. The proprietor of a boarding-house must
licence and	ensure that:
schedule	to be
displayed	(a) a copy of the licence, and

1990 - No. 465

(b) a schedule showing the numeral designating each bedroom and dormitory and the number of persons permitted to be accommodated in each,

are conspicuously displayed in the boarding-house.

Sleeping	63.26. (1) The proprietor of a boarding-house must
facilities
Maximum	ensure that the maximum number of persons
number	accommodated in a bedroom, or in a cubicle of a
of persons
per room	dormitory, does not exceed the number determined by allowing a minimum floor area of 5.5 square metres for each person.
Bedrooms	(2) The proprietor of a boarding-house must ensure that each bedroom is numbered in accordance with the schedule required by clause 62.22 and that there is clearly displayed on the door of or in each bedroom the maximum number of persons allowed to be accommodated in the bedroom.
to be
numbered
Partitions	63.27. The proprietor of a boarding-house must ensure that all partitions forming cubicles in a dormitory are adequately constructed and provide adequate ventilation.
Hygiene	63.28. (1) Where facilities are provided for the preparation

Kitchen	of	food,	the	proprietor	of	the
facilities

and	boarding-house must keep any kitchen facilities and
utensils to
be kept	utensils for the storage or preparation of food in a
clean	clean and healthy condition, in good repair, free from foul odours and, as far as practicable, free from dust, flies, insects and vermin.
Kitchen	(2) The proprietor of a boarding-house must ensure
floor to be
impervious	that the floor of any kitchen has an approved impervious surface.
Garbage	63.29. The proprietor of a boarding-house must
disposal	ensure that:

(a)	the pans, receptacles or other garbage devices are kept covered and are maintained in a clean and healthy condition; and
(b)	all garbage and refuse is deposited in appropriate pans, receptacles or other garbage devices.

1990 - No. 465

General	63.30. The proprietor of a boarding-house must
cleanliness
and lighting	ensure that:

(a) all parts of the boarding-house and all appurtenances (including furniture, fittings, bedsteads, beds and bedlinen) are kept in a clean and healthy condition, and free from vermin; and

(b) adequate light and ventilation is maintained.

Furniture	63.31. The proprietor of a boarding-house must ensure that appropriate furniture and fittings are provided and are maintained in good repair and, in particular, must ensure that:
and fittings

(a) an adequate number of beds, each provided with a mattress and pillow and an adequate supply of clean blankets or equivalent bed clothing; and

(b) adequate storage space; and

(c) blinds, curtains or similar devices to screen bedroom and dormitory windows for privacy,

are provided for the boarders or lodgers.

Penalties 63.32 Any person who contravenes a provision of this Division is guilty of an offence and is liable to a penalty not exceeding $1,000

(mm) by inserting in appropriate order in Part 1 of the Fourth Schedule in Columns 1, 2 and 3, respectively, the following matter:

AS 1657 Rules for Fixed Platforms, 1. 1.1990

Walkways,	Stairway	and
Ladders

AS 3000 SAA Wiring Rules 1. 1.1990

AS 3002 Electrical Installations - 1. 1.1990

Shows and Carnivals

(nn) by inserting at the end of Part 3 of the Fourth Schedule in Columns 1, 2 and 3, respectively, the following matter.

1990 - No. 465

LPG	Australian LP-Gas	1 .7.1990
Installation	Installation Code
Code

(oo) by omitting Form 1 from the Fifth Schedule and by
inserting instead the following form

Form 1

(Cll. 63, 6.3.1)

CERTIFICATE OF CLASSIFICATION

Local Government Act 1919

Ordinance No. 70

Certificate No.: ..............................................................................................

Application reference: ...................................................................................

* City/Municipality/Shire: .............................................................................

Date of certificate: .........................................................................................
Building No. or Name: ............................... Street: .......................................
* District/Town/Village: ................................ Postcode: ...............................
* Lot/Portion: ....................... Section: .................... *D.P./S.P. ....................
Volume: .......................................... Folio: ....................................................
County ........................................... Parish: ....................................................
Site area: ........................................................................................................
** Approved capacity ....................................................................................
Owner’s Name ................................................................................................
Owner’s Address: ...........................................................................................
............................................................................................................................
Applicant’s Name ..........................................................................................
Applicant’s Address: ......................................................................................

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

* I certify that, for the purposes of Ordinance No. 70, the whole of

the building described above is a Class .......................... building.

* I certify that, for the purposes of Ordinance No. 70, the several

portions of the building described above are classified as follows:

Portion Class

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

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

. ..........................................
* Town/Shire Clerk

1990 - No. 465

**CONDITIONS OF APPROVAL,

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

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

* Delete whichever does not apply.
** Applicable only to Class III boarding-houses and Class IXb places of

public entertainment.

Repeal of Ordinance No. 42

3. Ordinance No. 42 under the Local Government Act

1919 is repealed.
Amendment of Ordinance No. 44

4. Ordinance No. 44 under the Local Government Act 1919 is amended by omitting from clause 11 (1) (d) the words ", boarding-house, lodging house,".

EXPLANATORY NOTE

The object of this Ordinance is to amend Ordinance No. 70 under the Local Government Act 1919 so as to make provision with respect to places of public entertainment and temporary structures, as a consequence of the commencement of the Local Government (Theatres and Public Halls) Amendment Act 1989, and with respect to boarding-houses. The matters dealt with by the proposed Ordinance include:

(a)	matters concerning the design and construction of buildings intended to be used as places of public entertainment (Part 26); and
(b)	matters concerning approvals granted in respect of places of public entertainment and temporary structures, and concerning licences granted in respect of certain boarding-houses (Part 62); and
(c)	matters concerning the management and use of places of public enterininment, temporary structures and certain boarding-houses (Part 63).

The Ordinance also repeals Ordinance No. 42 (the ordinance currently regulating boarding-houses) and makes a consequential amendment to Ordinance No. 44 (the ordinance concerning the design and installation of water closets).