Western Australia

Health Act 1911

Health (Air-handling and Water Systems) Regulations 1994

Reprint 1: The regulations as at 29 August 2003

Guide for using this reprint

What the reprint includes

Endnotes, Compilation table, and Table of provisions that have not come into operation

1.Details about the original regulations and legislation that has amended its text are shown in the Compilation table in endnote 1, at the back of the reprint. The table also shows any previous reprint.

2.Transitional, savings, or other provisions identified in the Compilation table may be important. The table may refer to another endnote setting out the text of these provisions in full.

3.A table of provisions that have not come into operation, to be found in endnote 1a if it is needed, lists any provisions of the regulations being reprinted that have not come into operation and any amendments that have not come into operation. The full text is set out in another endnote that is referred to in the table.

Notes amongst text (italicised and within square brackets)

1.If the reprint includes a regulation that was inserted, or has been amended, since the regulations being reprinted were made, editorial notes at the foot of the regulation give some history of how the regulation came to be as it is. If the regulation replaced an earlier regulation, no history of the earlier regulation is given (the full history of the regulations is in the Compilation table).

Notes of this kind may also be at the foot of Schedules or headings.

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•removed (because it was repealed or deleted from the law); or

•omitted under the Reprints Act 1984 s. 7(4) (because, although still technically part of the text, it no longer has any effect).

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Reprint numbering and date

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2.The information in the reprint is current on the date shown as the date as at which the regulations are reprinted. That date is not the date when the reprint was published by the State Law Publisher and it is probably not the date when the most recent amendment had effect.

Reprinted under the Reprints Act 1984 as

at 29 August 2003

Western Australia

Health (Air-handling and Water Systems) Regulations 1994

CONTENTS

Part 1 — Preliminary

1.Citation1

2.Commencement1

3.Interpretation1

4.Application2

Part 2 — Adoption of AS 3666

5.Adoption of AS 36664

6.Exemption may be granted4

Part 3 — Design, installation, operation and maintenance of a system

7.Application for approval5

8.Design and installation6

9.Operation and maintenance6

Part 4 — Requirements in addition to AS 3666

10.Control of liquids and dust7

11.Unsuitable materials7

Part 5 — Closure of systems

12.Local government may close air‑handling system, water system or cooling tower8

13.Executive Director may close air‑handling system, water system or cooling tower9

14.Re‑opening of air‑handling system, water system or cooling tower9

15.Notice given by Executive Director prevails10

Part 6 — Offences and penalties

16.Offences and penalties11

Notes

Compilation table12

	Reprinted under the Reprints Act 1984 as
	at 29 August 2003

Western Australia

Health Act 1911

Health (Air‑handling and Water Systems) Regulations 1994

Part 1 — Preliminary

1.Citation

These regulations may be cited as the Health (Air‑handling and Water Systems) Regulations 1994 1.

2.Commencement

These regulations come into operation on the day that is 3 months after the day on which they are published in the Government Gazette 1.

3.Interpretation

(1)In these regulations, unless the context otherwise requires — 

“air‑handling system” means an air‑handling system as defined in AS 3666 but does not include a dry system which does not use water or other liquids to operate, humidify, clean, maintain, heat or cool the air;

“AS 3666” means the standards published by Standards Australia as —

(a)AS/NZS 3666.1:1995 Air‑handling and water systems of buildings — Microbial control — Part 1: Design, installation and commissioning;

(b)AS/NZS 3666.1:1995/Amdt 1 — 1996 Air‑handling and water systems of buildings — Microbial control — Part 1: Design, installation and commissioning;

(c)AS/NZS 3666.2:1995 Air‑handling and water systems of buildings — Microbial control — Part 2: Operation and maintenance;

(d)AS/NZS 3666.1:1995/Amdt 1 — 1996 Air‑handling and water systems of buildings — Microbial control — Part 2: Operation and maintenance; and

(e)AS/NZS 3666.3:2000 Air‑handling and water systems of buildings — Microbial control — Part 3: Performance‑based maintenance of cooling water systems;

“cooling tower” means a cooling tower as defined in AS 3666 and also means any other liquid cooled heat rejection or liquid cooling equipment;

“Executive Director” means the Executive Director, Public Health or a delegate of that official;

“water system” means a piped water system within a building designed to deliver water to outlet points.

(2)A word or phrase used in these regulations and defined in AS 3666 has the same meaning in these regulations as in AS 3666.

[Regulation 3 amended in Gazette 23 Oct 2001 p. 5634‑5.]

4.Application

(1)These regulations have effect in all districts.

(2)These regulations apply in respect of all buildings, other than Class 1, Class 2 or Class 10 buildings as classified in Part A3.2 of the Building Code of Australia under the Building Regulations 1989 made under the Local Government (Miscellaneous Provisions) Act 1960.

(3)These regulations apply in respect of the operation and maintenance of air‑handling and water systems and cooling towers installed in buildings and apply to a system whether it was installed before or after the commencement of these regulations.

(4)These regulations apply in respect of the design and installation of air‑handling and water systems and cooling towers to be installed in buildings where the installation of the system starts after the commencement of these regulations.

[Regulation 4 amended in Gazette 23 Oct 2001 p. 5635.]

Part 2 — Adoption of AS 3666

5.Adoption of AS 3666

(1)Subject to this regulation AS 3666 is adopted and forms part of these regulations.

(2)The provisions of these regulations are in addition to and not in derogation of the requirements of AS 3666 but where a requirement under those standards is inconsistent with a provision of these regulations the provisions of these regulations prevail to the extent of that inconsistency.

6.Exemption may be granted

(1)A person who wishes to install or modify and operate an air‑handling system, water system or cooling tower which does not comply with AS 3666, who satisfies the local government that the air‑handling system, water system or cooling tower is satisfactory for the purposes of these regulations, may, with the written approval of the Executive Director, install or modify and operate such an air‑handling system, water system or cooling tower subject to any conditions imposed by the Executive Director.

(2)A person who wishes to use a system of maintenance for an air‑handling system, water system or cooling tower which does not comply with AS 3666, who satisfies the local government that the proposed system of maintenance of the air‑handling system, water system or cooling tower is satisfactory for the purposes of these regulations, may, with the written approval of the Executive Director, maintain the air‑handling system, water system or cooling tower using that proposed system, subject to any conditions imposed by the Executive Director.

(3)The Executive Director may amend or cancel an approval granted under this regulation.

[Regulation 6 amended in Gazette 23 Oct 2001 p. 5635.]

Part 3 — Design, installation, operation and maintenance of a system

7.Application for approval

(1)A person who proposes to install, or substantially modify, an air‑handling system, water system or cooling tower in a building must make an application for that purpose to the local government and obtain the written approval of the local government.

(2)A person who contravenes subregulation (1) commits an offence.

(3)An application under subregulation (1) in relation to an air‑handling system or cooling tower must be accompanied by a plan that includes — 

(a)details of the type, design, layout and location of the air‑handling system or cooling tower;

(b)the location of air inlets and air exhausts, including windows which open;

(c)the direction of the prevailing winds and localized wind patterns;

(d)the location and design of other inlets and discharges which may effect or be effected by the proposed installation; and

(e)the position and type of any proposed developments in the vicinity of the installation of which the local government have received notice.

(4)An application under subregulation (1) in relation to a water system must be accompanied by — 

(a)details of the type of system; and

(b)plans of the design of the system,

to be installed.

[Regulation 7 amended in Gazette 16 Sep 1994 p. 4751; 23 Oct 2001 p. 5635.]

8.Design and installation

Unless the local government is satisfied that the information provided under regulation 7(3) and (4) with respect to the design and installation of an air‑handling system, water system or cooling tower complies with the provisions of AS 3666 applicable to the design and installation of that system, the local government shall not grant the approval referred to in regulation 7(1) nor allow the installation of such a system.

[Regulation 8 amended in Gazette 23 Oct 2001 p. 5635.]

9.Operation and maintenance

(1)A person to whom a provision of AS 3666 applicable to the operation and maintenance of an air‑handling system, water system or cooling tower applies must comply with that provision.

(2)A person who contravenes subregulation (1) commits an offence.

Part 4 — Requirements in addition to AS 3666

10.Control of liquids and dust

(1)The owner or occupier of a building must ensure that — 

(a)any liquids discharged in the course of operation or maintenance carried out under these regulations are directed to and discharged into a sewer or other waste system approved by the local government and any other relevant authority;

(b)any aerosols, dust or particulate matter generated during operation or maintenance are not allowed to contaminate adjoining areas and the ambient environment; and

(c)unless authoris ed by the owner or occupier, public access to any area referred to in paragraph (b) is prohibited.

(2)A person who contravenes subregulation (1) commits an offence.

[Regulation 10 amended in Gazette 23 Oct 2001 p. 5635.]

11.Unsuitable materials

(1)If the local government is satisfied that any material is or may be unsafe for the purposes of use in an air‑handling system, water system or cooling tower the local government may, with the written approval of the Executive Director, direct that that material must not be used in the construction of such a system.

(2)A person who uses a material in contravention of a direction given under subregulation (1) commits an offence.

[Regulation 11 amended in Gazette 23 Oct 2001 p. 5635.]

Part 5 — Closure of systems

12.Local government may close air‑handling system, water system or cooling tower

(1)The local government may, by notice in writing served on the — 

(a)owner or occupier of the building; or

(b)the person in charge of an air‑handling system, water system or cooling tower,

direct that an air‑handling system, a water system or a cooling tower is closed forthwith, if the local government is satisfied that the air‑handling system, water system or cooling tower could, if it continued to operate, cause a serious risk to health.

(2)The local government must forthwith notify the Executive Director of a closure effected by notice under subregulation (1) and, as soon as practicable, furnish the Executive Director with a copy of such notice.

(3)Unless confirmed in writing by the Executive Director a notice referred to in subregulation (1) expires 48 hours after service of the notice and the air‑handling system, water system or cooling tower to which the notice relates may resume operating.

(4)The Executive Director may amend or cancel a notice referred to in subregulation (1) in writing, within 48 hours of the service of the notice, if he or she considers it appropriate to do so and where the notice is cancelled the air‑handling system, water system or cooling tower to which the notice relates may resume operating.

(5)An owner or occupier or any person who fails to give effect to a direction under subregulation (1) commits an offence.

[Regulation 12 amended in Gazette 23 Oct 2001 p. 5635.]

13.Executive Director may close air‑handling system, water system or cooling tower

(1)Notwithstanding the power conferred on a local government under regulation 12(1), the Executive Director may, by notice in writing served on the — 

(a)owner or occupier of the building; or

(b)the person in charge of an air‑handling system, water system or cooling tower,

direct that an air‑handling system, a water system or a cooling tower is closed forthwith, if he or she is satisfied that the air‑handling system, water system or cooling tower could, if it continued to operate, cause a serious risk to health.

(2)An owner or occupier or any person who fails to give effect to a direction under subregulation (1) commits an offence.

[Regulation 13 amended in Gazette 23 Oct 2001 p. 5635.]

14.Re‑opening of air‑handling system, water system or cooling tower

(1)Subject to subregulation (2), an air‑handling system, water system or cooling tower which has been closed under this Part shall remain closed until — 

(a)where the local government has closed the air‑handling system, water system or cooling tower under regulation 12, the local government; or

(b)in any event, the Executive Director,

directs in writing that the air‑handling system, water system or cooling tower may be re‑opened.

(2)Subregulation (1) does not apply to an air‑handling system, water system or cooling tower where the Executive Director has — 

(a)not confirmed a notice of closure under regulation 12(3); or

(b)cancelled a notice of closure under regulation 12(4).

[Regulation 14 amended in Gazette 23 Oct 2001 p. 5635.]

15.Notice given by Executive Director prevails

Where there is conflict or inconsistency between the provisions in a notice given by the Executive Director and a notice given by the local government under this Part, the provisions of the notice given by the Executive Director to the extent of the conflict or inconsistency shall prevail.

[Regulation 15 amended in Gazette 23 Oct 2001 p. 5635.]

Part 6 — Offences and penalties

16.Offences and penalties

(1)A person who contravenes or fails to comply with any of the provisions of these regulations commits an offence.

(2)A person who commits an offence under these regulations is liable to — 

(a)a penalty which is 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; and

(iii)in the case of a third or subsequent offence, $500;

and

(b)if that offence is a continuing offence, a daily penalty which is not more than $100 and not less than $50.

Notes

1This reprint is a compilation as at 29 August 2003 of the Health (Air-handling and Water Systems) Regulations 1994 and includes the amendments made by the other written laws referred to in the following table. The table also contains information about any reprint.

Compilation table

Citation	Gazettal	Commencement
Health (Air‑handling and Water Systems) Regulations 1994	24 Jun 1994 p. 2993‑3004	24 Sep 1994 (see r. 2)
Health (Air‑handling and Water Systems) Amendment Regulations 1994	16 Sep 1994 p. 4751	24 Sep 1994 (see r. 2)
Health (Air‑handling and Water Systems) Amendment Regulations 2001	23 Oct 2001 p. 5634‑5	23 Oct 2001
Reprint 1: The Health (Air‑handling and Water Systems) Regulations 1994 as at 29 Aug 2003 (includes amendments listed above)

By Authority: JOHN A. STRIJK, Government Printer