Model By-laws - Series "A" Amendment By-laws 1994 (WA)

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5924 GOVERNMENT GAZETTE, WA [25 November 1994
11E311 HEALTH ACT 1911

MODEL BY-LAWS - SERIES "A" AMENDMENT BY-LAWS 1994

Made by His Excellency the Governor in Executive Council.

Citation

1.    These by-laws may be cited as the Model By-laws - Series '1A"

Amendment By-laws 1994.

Principal by-laws

2.

principal by-laws. In these by-laws the Model By-laws - Series '4" are referred to as the
{* Reprinted in the Gazette of 17 July 1963 at pp. 1967-2042.

For amendments to 10 October 1994 see 1993 Index to Legislation of Western Australia, Table 4, pp. 115-1171

Part V repealed and a Part substituted

3.     Part V of the principal by-laws is repealed and the following Part

substituted -

PART V - LODGING-HOUSES

Division 1— Registration

Interpretation

1. (1) In this Part, unless the context otherwise requires -

"bed" means a single sleeping berth only, and a double bed provided for the use of couples has the same floor space requirements as 2 single beds;

"Building Code" means the Building Code of Australia 1990 published by or on behalf of the Australian Uniform Building Regulations Coordinating Council;

"bunk" means a sleeping berth comprising one of 2 arranged vertically;

"dormitory" means a building or room utilised for sleeping purposes at a short term hostel or a recreational campsite;

and

"keeper" means a person whose name appears on the register of keepers, in respect of a lodging-house, as the keeper of that lodging-house;

"lodger" means a person who obtains, for hire or reward, board or lodging in a lodging-house;

"lodging-house" includes a recreational campsite, a serviced apartment and a short term hostel;

"manager" means a person duly appointed by the keeper in accordance with this Division to reside in, and have the care and management of, a lodging-house;

"recreational campsite" means a lodging-house -

(a) situated on a campsite principally used for -

recreational, sporting, religious, ethnic or

(i)      educational pursuits; or

(ii)      conferences or conventions;

25 November 1994] GOVERNMENT GAZETTE, WA 5925
(b) where the period of occupancy of any lodger is not more than 14 consecutive days,

and includes youth camps, youth education camps,
church camps and riding schools;

"register of lodgers" means the register kept in accordance with section 157 of the Act and this Part;

"resident" means a person, other than a lodger, who resides in a lodging-house;

"serviced apartment" means a lodging-house in which each sleeping apartment, or group of sleeping apartments in common occupancy, is provided with its own sanitary conveniences and may have its own cooking facilities;

"short term hostel" means a lodging-house where the period of occupancy of any lodger is not more than 14 consecutive days and includes a youth hostel or a backpacker hostel;

"vectors of disease" means an arthropod or rodent that transmits, by biological or mechanical means, an infectious agent from a source or reservoir to a person, and includes fleas, bedbugs, crab louse, body louse and head louse.

(2) Where in this Part an act is required to be done or forbidden to be done in relation to any lodging-house, the keeper of the lodging-house has, unless the contrary intention appears, the duty of causing the act to be done, or of preventing the act so forbidden from being done, as the case may be.

Lodging-house not to be kept unless registered

2. A person shall not keep or cause, suffer or permit to be kept, a lodging-house unless —

(a) the lodging-house is constructed in accordance with

the requirements of this Part;

(b) the lodging-house is registered by the local authority

under by-law 3;

the name of the person keeping or proposing to keep

(c) the lodging-house is entered in the register of
keepers; and
(d) either —
(i) the keeper; or
(ii) a manager who, with the written approval of the ...(complete as appropriate)... Clerk, has been appointed by the keeper to have the care and management of the lodging-house,

resides, or intends to reside, continuously in the lodging-house whenever there is one or more lodgers in the lodging-house.

Application for registration

3.      An application for registration of a lodging-house shall be —

(a) in the form prescribed in Schedule 1;
(b) and

duly completed and signed by the proposed keeper;

5926 GOVERNMENT GAZETTE, WA [25 November 1994

(c) accompanied by -

(i)       the fee prescribed in Schedule 8; and

(ii)     detailed plans and specifications of the lodging- house.

Approval of application

4. The local authority may approve, with or without conditions,

an application under by-law 3 by issuing to the applicant a
certificate in the form of Schedule 2.

Renewal of registration

5. A person who keeps a lodging-house which is registered

under this Part shall -

(a)

during the month of June in each year apply to the local authority for the renewal of the registration of

the lodging-house; and

(b)

pay the fee prescribed in Schedule 8 at the time of making each application for renewal.

Notification upon sale or transfer

6. If the owner of a lodging-house sells or transfers or agrees to sell or transfer the lodging-house to another person, he or she shall, within 14 days of the date of sale, transfer or agreement, give to the ...(compiete as appropriate)... Clerk, in the form of- Schedule

, written notice of the full name, address and occupation of the person to whom the lodging-house has been, or is to be, sold or transferred.

Revocation of registration

any time, revoke the registration of a lodging-house for any 7. (1) Subject to sub-bylaw (3), the local authority may, at
reason which, in the opinion of the local authority, justifies the revocation.

authority may revoke a registration upon any one or more of the (2) Without limiting the generality of sub-bylaw (1), the local following grounds -

(a) that the lodging-house has not, to the satisfaction of

disease or in a clean, wholesome and sanitary
condition;

the local authority, been kept free from vectors of

(b) that the keeper has -

(i)      been convicted of an offence under this Part in

respect of the lodging-house;

(ii)     not complied with a requirement of this Part; or

(iii)    not complied with a condition of registration;

(c) that the local authority, having regard to a report keeper or manager is not a fit and proper person;

from the Police Department, is satisfied that the

(d) that, by reason of alterations or additions or neglect house is such as to render it, in the opinion of the Principal Environmental Health Officer, unfit; to remain registered.

to repair and renovate, the condition of the lodging-

25 November 1994] GOVERNMENT GAZE TTE, WA 5927

this by-law, the local authority shall give notice to the keeper (3) Before revoking the registration of a lodging-house under

requiring him or her, within a time specified in the notice, to

show cause why the registration should not be revoked.

a lodging-house, it shall give the keeper notice of the revocation (4) Whenever the local authority revokes the registration of

and the registration is revoked as from the date on which the

notice is served on the keeper.

Division 2 — Construction and Use Requirements

General construction requirements

8. The general construction requirements of a lodging-house shall comply with the Building Code.

Sanitary conveniences

9. (1) A keeper shall maintain in good working order and

condition and in convenient positions on the premises

(a) toilets; and

(b)

bathrooms, each fitted with a shower, bath and wash basin,

in accordance with the requirements of the Building Code.

A bathroom or toilet which is used as a private bathroom under the provisions of sub-bylaw (1).

or toilet to the exclusion of other lodgers or residents does not fall (2)
provided with an adequate supply of hot and cold water. (3) Each bath, shower and hand wash basin shall be
(4)

The walls of each shower and bath shall be of an

impervious material to a minimum height of 1.8 metres above the
floor level.

(5) Each toilet and bathroom shall —
(a) be so situated, separated and screened as to ensure privacy;
(b) be apportioned to each sex;
(c) have a distinct sign displayed in a prominent position

denoting the sex for which the toilet or bathroom is

provided; and

(d) be provided with adequate electric lighting.

Laundry

10. (1) A keeper shall —
(a) subject to sub-bylaw (2) —
(i) in the case of a recreational campsite, provide on the premises a laundry consisting of at least one 45 litre stainless steel trough; and
(ii) in any other case, provide on the premises a laundry unit for each 15 lodgers;

(b) at all times maintain each laundry or laundry unit in a proper sanitary condition and in good repair;

18275-4

5928 GOVERNMENT GAZETTE, WA [25 November 1994
(c) provide an adequate supply of hot and cold water to

each wash trough, sink, copper or washing machine;

and

ensure that the floor area of each laundry or laundry

(d) unit is properly surfaced with an even fall to a floor

waste.

the provision of a reduced number of laundry units if suitable (2) The Principal Environmental Health Officer may approve

equipment of a commercial type is installed.

(3) In this by-law

"laundry unit" means a group of facilities consisting of —

(a) a washing machine with a capacity of not less than 4 kilograms weight of dry clothing;

(b)

one wash trough of not less than 36 litres capacity, connected to both hot and cold water; and

(c)

either an electric drying cabinet or not less than 30 metres of clothes line,

and for which a hot water system is provided that —

(d) hour at a temperature of at least 75° C for each is capable of delivering 136 litres of water per
washing machine provided with the communal
facilities; and
(e) has a delivery rate of not less than 18 litres per

minute to each washing machine.

Kitchen

11.     (1) The keeper of a lodging-house shall provide in that

lodging-house a kitchen which —

(a) has a minimum floor area of —

(i)      where lodgers prepare their own meals — 0.65 square metres per person;

(ii)     where meals are provided by the keeper or manager — 0.125 square metres per person; or

(iii)   where a kitchen and dining room are combined — 1 square metre per person,

but in any case not less than 16 square metres;

(b) has adequate —

(i)      food storage facilities and cupboards to prevent contamination of food, or cooking or eating

utensils, by dirt, dust, flies or vectors of disease;
and

(ii)     refrigerator space for storage of perishable goods;

(c) complies with the requirements of the Health (Food Hygiene) Regulations 1993;
(d) has a wash hand basin and a double bowl sink, each provided with an adequate supply of hot and cold
water; and
(e) has the walls behind each stove and cooking appliance tiled to a height of not less than 1.8 metres
above the floor.
25 November 19941 GOVERNMENT GAZETTE, WA 5929

Cooking facilities

12. (1) The keeper of a lodging-house where lodgers prepare their own meals shall provide a kitchen with electrical, gas or other stoves and ovens approved by the Principal Environmental Health Officer in accordance with the following table -

Table

NO. OF LODGERS OVENS 4 BURNER STOVES
1-15 1 1
16-30 1 2
31-45 2 3
46-60 2 4

Over 60

2

4 + 1 for each additional 15

lodgers (or part thereof) over 60
by the keeper or manager shall provide a kitchen with cooking (2) The keeper of a lodging-house where meals are provided

ppliances of a number and type approved by the Principal

Environmental Health Officer.

to have, 15 or more lodgers shall provide, maintain and clean a (3) The keeper of a lodging-house which has, or has approval

hood or mechanical exhaust system in accordance with the and cooking appliance. Health (Food Hygiene) Regulations 1393, over each stove, oven

Dining room

13. The keeper of a lodging-house shall provide in that lodging-

house a dining room -

(a) located in close proximity to, or combined with, the kitchen;
(b) the floor area of which shall be not less than the greater of-
(i) 0.5 square metres per person; or
and (ii) 10 square metres;
(c) which shall be -

(i)

adequately furnished to accommodate, at any one time, half of the number of lodgers; and

(ii) provided with a suitable floor covering.

Lounge room

14. The keeper of a lodging-house shall provide in that lodging-

house a lounge room -

(a) with a floor area of

(i)

where the lounge is not combined with the dining room - not less than 0.6 square metres per person;

(ii)

where the lounge room is combined with a dining room - not less than 1.2 square metres per person,

but in either case having a minimum of 13 square
metres; and
5930 GOVERNMENT GAZETTE, WA 125 November 1994

(b) which shall be -

(i)      adequately furnished to accommodate, at any

one time, half of the number of lodgers; and

(ii)      provided with a suitable floor covering.

Fire prevention and control

15.     (1) A keeper shall -

(a) in each passage in the lodging-house, provide an emergency light -

in such a position, and of such a pattern, as is

(i)      approved by the Principal Environmental

Health Officer; and

(ii)     which shall be kept separate from the general

lighting system and kept illuminated during

the hours of darkness;

(b) ensure a fire blanket, of a type approved by the

within 2 metres of the cooking area in each kitchen;
and

Principal Environmental Health Officer, ispositioned

(c)

ensure that each exit sign and fire fighting appliance is clearly visible, accessible and maintained in good working order at all times.

lodging house are fitted with fire protection equipment as advised (2) A keeper shall ensure that all buildings comprising the

by the Western Australian Fire Brigades Board and approved by

the local authority.

Obstruction of passages and stairways

16. A keeper shall not cause, suffer or permit furniture, fittings

or other things to be placed either temporarily or permanently in
or on -

a stairway, stair landing, fire-escape, window or

(a) common passageway; or
(b)
part of the lodging - house in common use or intended

or adapted for common use,

in such a manner as to form an obstruction to the free passage of

lodgers, residents or persons in or occupying the lodging-house.

Fitting of locks

17. A person shall not fit, or cause or permit to be fitted, to an

exit door, a lock or other device which prevents the door being
opened from within a lodging-house.

Restriction on use of rooms for sleeping

18.      (1) Subject to sub-bylaw (3) and by-law 32, a keeper shall

not use or permit to be used as a sleeping apartment a room in a

lodging-house -

(a) which contains food;
(b) kitchen sink;

which contains or is fitted with a cooking appliance or

which is used as a kitchen, scullery, store room,

(c) dining room, general sitting room or lounge room, or

for the preparation or storage of food;

25 November 19941 GOVERNMENT GAZETTE, WA 5931
(d) which is not reasonably accessible without passing

through a sleeping or other room in the private

occupation of another person;

(e) which, except in the case of a short term hostel or a recreational campsite, contains less than 5.5 square metres of clear space for each lodger occupying the room;
(0 which is naturally illuminated by windows having a ratio of less than 0.1 square metre of unobstructed glass to every 1.0 square metre of floor area;
(g) which is ventilated at a ratio of less than 0.5 square metre of unobstructed ventilating area to every 10 square metres of floor area;
(h) paragraphs (1) and (g) is obstructed or is not in good

in which the lighting or ventilation referred to in

and efficient order;

(i)       which is not free from internal dampness;

(j)

of which any part of the floor is below the level of the adjoining ground; or

(k)

the floor of which is not fitted with an approved carpet or vinyl floor covering or other floor treatment approved by the Principal Environmental Health Officer.

(2)

For the purposes of this by-law, 2 children under the age of 10 years are counted as one lodger.

to a serviced apartment. (3) Paragraphs (a), (b) and (c) of sub-bylaw (1) do not apply

Sleeping accommodation - short term hostel and recreational campsite

19.     (1) A keeper of a short term hostel or recreational

campsite shall provide clear floor space of not less than -

(a) 4 square metres per person in each dormitory

utilising beds;

(b) 2.5 square metres per person in dormitories utilising
bunks.
(2) The calculation of floor space in sub-bylaw (1) excludes

the area occupied by any large items of furniture, such as

wardrobes, but may include the area occupied by beds.

(3) The minimum height of any ceiling in a short term hostel

or recreational campsite is 2.4 metres in any dormitory utilising

beds, and 2.7 metres in any dormitory utilising bunks.

(4)

The minimum floor area requirements in sub-bylaw (1) will only apply if there is ventilation, separation distances, fire egress and other safety requirements in accordance with the Building Code.

campsite shall provide -

(5)

The keeper of any short term hostel or recreational (a) fixed outlet ventilation at a ratio of 0.15 square metres to each 10 square metres of floor area of the dormitories, and shall ensure that dormitories are provided with direct ventilation to the open air from a point within 230 millimetres of the ceiling level through a fixed open window or vents, carried as direct to the open air as is practicable;

5932 GOVERNMENT GAZETTE, WA [25 November 1994

(b) mechanical ventilation in lieu of fixed ventilation,

subject to the local authorities approval.

(6) The keeper of any short term hostel shall provide -

beds with a minimum size of 800 millimetres x 19

(a) metres;

storage space for personal effects, including

(b) backpacks, so that cleaning operations are not

hindered and access spaces are not obstructed.

with a minimum size of 750 millimetres by 1.85 metres. (7) The keeper of a recreational campsite shall provide beds
campsite shall - (8) The keeper of any short term hostel or recreational
(a) arrange at all times a distance of 750 millimetres between beds, and a distance of 900 millimetres between bunks;
(b) against the wall on either side of a dormitory, there is ensure that, where bed or bunk heads areplaced

a passageway of at least 1.35 metres between each row of beds and a passageway of at least 2 metres between each row of bunks, and shall ensure that the passageway is kept clear of obstruction at all times; and

ensure all doors, windows and ventilators are kept

(c) free of obstruction.
campsite shall ensure that - (9) The keeper of a short term hostel or recreational

(a) materials used in dormitory areas comply with AS

Drapes curtains, blinds
and bed covers - a maximum Flammability Index

1530.2 and AS 1530.3 as follows -

of 6;

Upholstery &
bedding
- a maximum Spread of Flame

Index of 6;

- a maximum Smoke Developed

Index of 5;

Floor coverings - a maximum Spread of Flame

Index of 7;

- a maximum Smoke Developed

Index of 5;

Fire retardant coatings used to make a material comply with these indices must be -

(i)      certified by the manufacturer as approved for use with the fabric to achieve the required indices; and

(ii)     certified by the manufacturer to retain its fire retardative effect after a minimum of 5 commercial dry cleaning or laundering operations carried out in accordance with AS 2001.5.4-1987, Procedure 7A, using ECE reference detergent; and

(iii)    certified by the applicator as having been carried out in accordance with the manufacturer's specification,

25 November 19941 GOVERNMENT GAZETTE, WA 5933
(b) emergency Building lhting is provided in accordance with the
(c) a lodger or other person does not smoke in any dormitory, kitchen, or dining room, within a short

term hostel or recreational campsite, but the keeper may permit smoking in a meeting or assembly hail area, within a short term hostel or recreational campsite;

(d) campsite are fitted with a mattress protector.
all mattresses in a short term hostel or recreational

Furnishing etc. of sleeping apartments

20. (1) A keeper shall - (a) furnish each sleeping apartment with a sufficient number of beds and sufficient bedding of good quality-, (b) ensure that each bed -

(i)      has a bed head, mattress and pillow; and

(ii)     is provided with a pillow case, 2 sheets, a blanket or rug and, from the 1st day of May to

the 30th day of September, not less than one
additional blanket or rug; and

(c) furnish each bedroom so that there are adequate or bunks to be used in a sleeping apartment other than in a (2) A keeper shall not cause, suffer or permit any tiered beds

storage facilities for belongings within the room.

lodging-house used exclusively as a short term hostel or a

recreational campsite.

Ventilation

21. (1) If, in the opinion of an Environmental Health Officer, a kitchen, bathroom, toilet laundry or habitable room is not adequately or properly ventifated, he or she may direct the keeper to provide a different or additional method of ventilation.

sub-bylaw (1) within such time as directed. (2) The keeper shall comply with any direction given under
Numbers to be placed on doors
22. (1) A keeper shall place or cause to be placed on the outside of the doors of all rooms available to lodgers in the
lodging-house, serial numbers so that -
(a) the number "1" is placed on the outside of the door of the room nearest to the front or main entry door of the lodging-house; and
(b) floor (if there is more than one) of the lodging-house.

the numbers continue in sequence throughout each

(1) shall be - (2) The numbers to be placed on the doors under sub-bylaw

(a) not less than 50 millimetres in height;

(b) 1.5 metres from the floor; and

(c) permanently fixed either by being painted on the doors or shown by other legible means.
5934 GOVERNMENT GAZETTE, WA [25 November 1994

Division 3— Manngenient and Care

Keeper or manager to reside in the lodging-house

23. 'Whenever there is one or more lodgers in a lodging-house, a keeper or manager shall

(a) reside continuously in the lodging-house; and

(b)

not be absent from the lodging-house for more than 48 consecutive hours unless he or she arranges for a reputable person to have the care and management of the lodging-house.

Register of lodgers

24.

of Schedule 4. (1) A keeper shall keep a register of lodgers in the form

(2) The keeper shall ensure that the register of lodgers is -

(a) kept in the lodging-house; and
(b) member of the Police Force or by an Environmental

open to inspection at any time on demand by any

Health Officer.

Keeper report

25. A keeper shall, whenever required by the local authority, report to the local authority, in the form of Schedule 5 the name of each lodger who lodged in the lodging-house during the preceding day or night.

Certificate in respect of sleeping accommodation

26. (1) An Environmental Health Officer may issue to a

keeper a certificate, in respect of each room, which shall be in the
form of Schedule 6 or 7.

the maximum number of persons permitted to occupy each room (2)

The certificate issued under sub-bylaw (1) shall specify of a sleeping apartment at any one time.

Officer, a keeper shall exhibit the certificate issued under this by-(3) When required by the Principal Environmental Health

law in a conspicuous place in the room to which the certificate
refers.

A person shall not cause suffer or permit a greater this by-law to occupy the room to which it refers.

number of persons than is specified on a certificate issued under (4)

Duplicate keys and inspection

27.      Each keeper and manager of a lodging-house shall

retain possession of a duplicate key to the door of

(a) each room; and
(b) when required by an Environmental Health Officer,

open the door of any room for the purposes of

inspection by the Officer.

25 November 19941 GOVERNMENT GAZETTE, WA 5935

Room occupancy

28.     (1) A keeper shall not -

(a) number of persons permitted by the Certificate of cause, suffer or permit more than the maximum

Registration of the lodging-house to be lodged at any one time in the lodging-house;

(b) cause, suffer or permit to be placed or kept in any

sleeping apartments -

(1) a larger number of beds; or

(ii) a larger quantity of bedding,

than is required to accommodate and provide for the maximum number of persons permitted to occupy the sleeping apartment at any one time; and

(c) use or cause, suffer or permit to be used for sleeping

purposes, a room that -

(i) has not been certified for that purpose; or
(ii) the local authority or the Medical Officer has

forbidden to be used as a sleeping apartment.

of age are counted as one lodger. (2) For the purpose of this by-law, 2 children under 10 years

Maintenance of a room by a lodger or resident

29. (1) A keeper may permit, or contract with, a lodger or resident to service, clean or maintain the room or rooms occupied
by the lodger or resident.
under sub-bylaw (1), the keeper shall - (2) Where permission is given or a contract entered into
(a) agreement at least once a week; and inspect each room the subject of the permission or
(b) condition.
ensure that each room is being maintained in a clean

(3) A lodger or resident who contracts with a keeper to service, clean or maintain a room occupied by him or her, shall

maintain the room in a clean condition.

Cleaning and maintenance requirements

30.     (1) A keeper of a lodging-house shall -

(a) maintain in a clean, sound and undamaged condition -

(i)       surfaces; the floor, walls, ceilings, woodwork and painted

(ii) the floor coverings and window treatments; and (iii) the toilet seats;

(b) maintain in a clean condition and in good working

order -

(i)      all fixtures and fittings; and

18275-5 (ii) windows, doors and door furniture;
5936 GOVERNMENT GAZETTE, W [25 November 1994

(c) ensure that the internal walls of each bathroom and impervious washable surface;

toilet are painted so as to maintain a smooth

(d) whenever there is one or more lodgers in a lodging- house, ensure that the laundry floor is cleaned daily;

(e) ensure that -

(i)      all bed linen, towels, and house linen in use is washed at least once a week;

within a reasonable time of a bed having been

(ii)     vacated by a lodger or resident, the bed linen is

removed and washed;

(iii)    a person does not occupy a bed which has been

used by another person unless the bed has been

provided with clean bed linen;

(iv)    all beds, bedsteads, blankets, rugs, covers, bed

linen, towels and house linen are kept clean, in

good repair and free from vectors of disease;

(v)     furniture, room or sleeping apartment, that when any vectors of disease are found in a bed,

immediate effective action is taken to eradicate
the vectors of disease; and

(vi) a room which is not free from vectors of disease

when so directed by the Principal Environmental
Health Officer, ensure that -

and insects is not used as a sleeping apartment;

(f)

a room, together with its contents and any

(i)      other part of the lodging-house, is cieaned and

disinfected; and

a bed or other article of furniture is removed

(ii)     from the lodging-house and properly disposed

of;

(g) ensure that the yard is kept clean at all times;

(h) provide all bedrooms passages, common areas, toilets, bathrooms and laundries with adequate lighting; and
(i) comply with any direction, whether orally or in
writing, given by the Principal Environmental Health
Officer or an Environmental Health Officer.
(2) In this by-law -

"bed linen" includes sheets and pillow cases and, in the case of a short term hostel or a recreational campsite, mattress protectors.

Responsibilities of lodgers and residents

$1. A lodger or resident shall not -
(a) use any room available to lodgers -

(i)      as a shop, store or factory; or

(ii)     for manufacturing or trading services;

(b) keep or store in or on the lodging-house any goods or materials that are inflammable, obnoxious or
offensive;
25 November 19941 GOVERNMENT GAZETTE, WA 593
(c) use a bath or wash hand basin other than for ablutionary purposes;
(d) use
purposes;

a bathroom facility or fitting for laundry

(e) use a sink installed in a kitchen or scullery for any

cooking and eating utensils, other kitchenware and
culinary purposes;

purpose other than the washing and cleaning of
(f) deposit rubbish or waste food other than into a proper
rubbish receptacle;

(g) in a kitchen or other place where food is kept -

(i)       bedding-,or wash or permit the washing of clothing or

(ii)     keep or permit to be kept any soiled clothing or

bedding-,

(h) subject to by-law 32 -

(i) keep, store, prepare or cook food in any sleeping
apartment; or

(ii) unless sick or invalid and unable to leave a sleeping apartment for dining purposes;

sleeping apartment for that reason, use a

(i)place or keep, in any part of a lodging-house, any infested with vectors of disease;

luggage, clothing, bedding, or furniture that is

(j) store or keep such a quantity of furniture, material or
goods within the lodging-house -

(i)

in any kitchen, living or sleeping apartment so as to prevent the cleaning of the floors, walls, fittings or fixtures; or

(ii)

in a sleeping apartment so as to decrease the air space to less than the minimum required by this Part;

(k) obstruct or prevent the keeper or manager from inspecting or examining the room or rooms occupied

by the lodger or resident; and
(1) fix any fastener or change any lock to a door or room
without the written approval of the keeper.

Approval for storage of food

32.     (1) The Principal Environmental Health Officer may -

(a) upon written application from a keeper, approve the

storage of food within a refrigerator or sealed

container in a sleeping apartment; and

(b) withdraw the approval if a nuisance or vector of

disease infestation is found to exist in the lodging-

house.

storage and consumption of food within that apartment if suitable (2) The keeper of a serviced apartment may permit the storage and dining facilities are provided.

5938 GOVERNMENT GAZETTE, WA [25 November 1994

Offences and penalties

33. (1) A person who contravenes these by-laws commits an
offence.

(2) A person who commits an offence under sub-bylaw (1) is liable to -

(a) a penalty of not more than $1 000 and not less

than-

(i)       in the case of a first offence, $100;

(ii)      in the case of a second offence, $200; or

(iii)     in the case of a third or subsequent offence,

$500;

and

(b) if the offence is a continuing offence, a further

penalty of not more than $100 and not less than $50

for each day during which the offence continues.

( By-law 3)

Schedule 1

City/Town/Shire of.......

Health Act 1911

APPLICATION FOR REGISTRATION OF A

LODGING -HOUSE

To:  Chief Executive/ ...... Clerk
CityPl'own/Shire of........

I/We.....................................................

(Full name of ApplicantM

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

(Residential address of ApplicantlR)

apply for the registration of premises situated (or to be situated) at

as a lon~E5 classified as:
e;
campsite;
- a short term hostel; or
- serviced apartments,
and for my name to be entered in the Register as a keeper of the lodging- (Specify which is to apply)
house.

DESCRIPTION OF LODGING-HOUSE

Number of storeys ..................

Rooms for private use

Number Area

Laundries/toilets/bathrooms ...................

Bedrooms ..................................

Dining rooms ..............................
Kitchens ..................................

Sitting rooms ..............................

Other (specify) .............................

25 November 19941 GOVERNMENT GAZETTE, WA 5939

Rooms for lodgers

Number Area

Bedrooms
Dining rooms
Kitchens
Sitting rooms

Other (specify)

Sanitary conveniences for female lodgers

Toilets Baths Showers

Wash hand basins

Sanitary conveniences for male lodgers

Toilets Urinals Baths

Showers

Wash hand basins

Laundry facilities

Coppers

Washtroughs

Washing machines

Drying cabinets or clothes

lines

Additional details

(a) Lodgers' meals will be provided by the manager/keeper/lodgers.
(b) The keeper will/will not reside continuously on the premises.
(c) Name and occupation of the proposed manager if the keeper resides elsewhere -
(d) There will be .... family members residing on the premises with

the keeper/manager.

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

(Signthire of applicant/s)

(Date)

*940 GOVERNMENT GAZETTE, WA [25 November 1994
(By-law 4)

Schedule 2

City/Town/Shire of .......

Health Act 1911

CERTIFICATE OF REGISTRATION OF A LODGING-HOUSE

THiS is to certify that the premises situated at ....................

.........are registered as a lodging-

house and are classified as:

a lodging-house;

- a recreationalcampsite;
- a short term hostel; or

- serviced apartments,

(Specify which is to apply)

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

1.      that ...................., whose name appears on the register of keepers of the City/Town/Shire of ........continues tot: the keeper of the lodging-house;

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

3.        that the Certificate of Registration is not sooner cancelled or revoked;

4.        that the maximum total number of rooms to be used as sleeping apartments for lodgers is ........... ; and

5.        that the maximum number of lodgers accommodated on the premises at any one time shall not exceed .............

This Certificate of Registration is issued subject to the Health Act 1911 and the Health By-laws of the City/Town/Shire of ........and is not
transferable.
Dated .............19....

CITY/TOWN/SHIRE OF

Fee received: $ ........

( By-law 6)

Schedule 3

City/Town/Shire of .......

Health Act 1911

NOTICE OF CHANGE OF OWNER OF A LODGING-HOUSE
To:  Chief Executive/ ...... Clerk
City/Town/Shire of ........
I/We .................  ....................................
(Full name of Applicant/a)

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

(Reaidential addraes of Applicant/a)

6n/are the new owners of promises situated at ....................

ich are registered in the name of

. :

the carrying on of the lodging-house business.

14 ...............................

(SignaSure of appheaast/s)

25 November 19941 GOVERNMENT GAZE11E, WA 5941

(By-law 24)

Schedule 4

City/Town/Shire of.......

Health Act 1911

(eection 157)

REGISTER OF LODGERS

Location of lodging-house-.....................................

Date of Name Previous Signature Room Date of
Arrival Address No. Departure
(By-law 25)

Schedule 5

City/Town/Shire of .......

Health Act 1911

LIST OF LODGERS

Chief Executive/ ...... Clerk
City/Town/Shire of ........

The following is the name of every person who resided in the lodging- houseat .................................................. on the ....................... day of ............... 19 ......

(Signed) ................................. (Keeper)

Date- ...............

(By-law 26)

Schedule 6

City/Town/Shire of .......

Health Act 1911

CERTIFICATE OF SLEEPING ACCOMMODATION

To.......................................................

(Name of keeper)

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

(Addresm of keeper)

For the registered lodging-house situated at ......................

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

time. purposes only) to accommodate not more than .......persona at any one
Date: ...............
(Signed) (Environmental Health Officer)
5942 GOVERNMENT GAZETTE, WA [25 November 1994
Schedule 7 (By-law 26)

City/Town/Shire of

Health Act 1911

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

APARTMENTS

To

(Name of keeper)

of

(Addreee of keeper)

For the registered lodging-house situated at

The rooms listed below are not to be occupied by more than the number of lodgers or residents indicated below at any one time.

ROOM NUMBER:  MAXIMUM OCCUPANCY:
Date. 

(Signed)

(Environmental Health Officer)

Schedule 8 (By-laws 3 & 5)

City/Town/Shire of

Health Act 1911

PRESCRIBED FEES

For the registration, or the renewal of the registration, of a lodging-house

By His Excellency's Command, M. C. WAIJCHOPE, Clerk of the Council.

HE401

HEALTH ACT 1911

LOCAL HEALTH AUTHORITY ANALYTICAL COMMITTEE APPOINTMENTS INSTRUMENT

1994

Made by the Minister for Health.
Citation

1.    This instrument may be cited as the Local Health Authority Analytical Committee Appointments

Instrument 1994.

Appointment of member

2.    Pursuant to section 247A (3) (b) Peter Guy Pearson is appointed to be a member of the Local

Health Authority Analytical Committee, for the period ending 14 September 1997.

PETER FOSS, Minister for Health.

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