Health Act 1911
Model By-Laws Series “A”
Health Act 1911
Model By-Laws Series “A”
Western Australia
Model By-Laws Series “A”
Contents
Part I — General sanitary provisions
1.Standards for each closets and privies2
1A.Privies to be provided in all houses3
1AA.Privies urinals on work sites4
1B.Standards for temporary closets and privies4
1BB.Sanitary conveniences in offices5
2.Urinals7
3.Maintenance of Sanitary Conveniences8
3A.Laundries and bathrooms9
3B.Bathrooms to be provided in dwellings9
4A.Laundry to be provided in residential buildings9
4AA.Laundry with copper to be separated from kitchen11
4AB.Laundry with washing machines to be separated from kitchen11
4AC.Waste water12
4AD.Hot water system12
4AE.Maintenance of apparatus and fittings13
4AF.Coppers, troughs and sinks13
4B.Clothing and bedding not to be washed in kitchen13
5.Public latrines13
6.Standards for privies14
7.Removal and replacements of pans15
7A.Frequency of removal of pans16
8.Night soil not to be used as manure17
9.Drivers of Carts used in sanitary Services Not to Loiter in Streets, etc.17
10.Vehicles to be cleansed17
11A.Removal and Disposal of Nightsoil17
12.Rubbish Receptacles to be provided18
13.Refuse to be deposited in receptacles19
14.Receptacles to be kept covered and emptied weekly19
15.Rubbish removal vehicles19
15A.Method of removal of rubbish20
16.Rubbish receptacle not to be placed in street20
17.Rubbish not to be deposited on public lands20
18.Rubbish only to be removed from cart at prescribed places21
19.Method of disposal of rubbish21
20.Places of deposit of rubbish or nightsoil to be fenced22
21.Meaning of “liquid refuse”22
22.Discharge of liquid refuse onto street prohibited22
24.Transport of offensive material22
24A.Transport of butchers’ or slaughterhouse waste23
24B.Removal of butchers’ or slaughterhouse waste23
25.Prevention of use of offal and blood as manure24
26.Stables24
27.Stable plans to be approved25
28.Keeping of Horses, Cows, Sheep and Goats25
29.Keeping of Poultry or Pigeons26
29A.Registration of poultry keepers27
29B.Registration of pigeon keepers27
30.Disposal of Carcases of Animals29
30A.Foundations of Buildings to be dry, sound and well drained29
31.Drainage of land used for building purposes29
31A.Sites of new buildings to be thoroughly drained30
32.Buildings to be provided with spouting and downpipes and with drains30
33.Certain space to be allowed in sleeping rooms31
34.Air space to be allowed in work rooms, offices, etc.31
35.Ventilation of houses32
35aA.Application of by-law may be made retrospective33
35A.Repairs to dwelling-houses33
36.Expectoration35
37.Storage of materials, etc.35
38.Maintenance of footways and pavements35
39.Maintenance of public vehicles35
40.Water tanks, maintenance and cleansing of36
41.Wells, construction and maintenance of36
41A.Pollution of wells, etc.37
42.Stagnant water37
43.Pools, ponds, etc.37
44.Refuse38
45.Tanks, wells, etc.38
46.Gutters, downpipes, etc.38
47.Horse troughs, wash tubs, etc.38
48.Removal of undergrowth38
49.Filling in excavations38
50.Vegetable gardens39
51.Land to be kept drained39
52.Maintenance of drains39
53.Power of local authority to inspect39
54.Local authority may carry out works40
54A.Destruction of argentine ants40
55.Dumping of refuse41
56.Litter, straw, building materials etc. to be removed or stacked41
57.Waste food42
58.Openings into drains, sewers, etc.42
59.Disused drains, sewers, etc.42
60.Replacement of internal fittings43
61.Retaining walls, improvements, etc.43
62.Shops, restaurants etc. to comply with inspectors orders43
63.Conditions applying to shops, restaurants, etc.44
64.Conditions applying to residential premises45
65.Docks and wharves45
66.Rat traps on docks and wharves46
66A.Directions of inspectors to be complied with46
67.Evidentiary provision46
68.Cost of compliance47
69.Penalties for Breaches of By-laws47
Part II — Infectious diseases
1.Inspection of premises49
2.Cleansing and disinfection of premises49
3.Contacts liable to restrictions49
4.Premises may be declared “isolated”49
5.Disinfection of personal effects50
6.Occupier to permit disinfection50
7.Premises upon which infectious disease reported, to be inspected50
8.Insanitary buildings to be destroyed51
9.Infected animals to be destroyed51
10.Disposal of body of person dead of an infectious disease51
11.Medical Officer may examine persons51
12.Certificates of case of diphtheria52
13.Certificate on return of children to school52
14.Special pan service52
15.Special disinfection in Typhoid Cases53
16.Library books53
17.Penalties for breach of by-laws53
Part III — Private hospitals
1.Classes of private hospitals55
2.Hospital may be class A and class B55
3.Application for registration of existing hospitals56
4.Publication of application56
5.Application for registration of new hospitals56
6.Requirements for registration56
7.Investigation of application58
8.Certificate of registration58
9.Revocation or cancellation of registration59
10.Inspection59
11.Standards for conduct of private hospital59
12.Separation of patients60
13.Case book61
14.Patient details to be recorded61
15.Maternity records61
16.Staff details to be recorded62
17.Infectious diseases62
18.Nursing staff62
19.Penalties for breaches of by-laws63
Part IV — Dairies and milk shops
1.Interpretation66
2.Registration of premises66
3.Licence to trade as dairyman or vendor67
4.Trading by unlicensed person or at unregistered premises prohibited67
5.Application Fee68
6.Depasturing of dairy cattle68
7.Stockyards and stables69
8.Keeping of poultry69
9.Piggeries69
10.Sanitary conveniences70
11.Food quality70
11A.Calf feeding bails70
12.Water supply71
13.Milking shed72
14.Milk room73
15.Precautions in regard to milking75
16.Cleanliness of persons76
17.Care of milk during transport, storage, etc.76
18.Cleanliness of vehicles, utensils, etc.78
18A.Milking machines79
19.Cleanliness of premises79
20.Removal of manure, etc.81
21.Disease among dairy stock81
22.Tuberculin testing82
23.Infectious or contagious diseases82
24.Medical officer may prohibit sale of milk83
25.Penalties for breaches of by-laws83
Part V — Lodging‑houses
Division 1 — Registration
1.Interpretation88
2.Lodging‑house not to be kept unless registered89
3.Application for registration90
4.Approval of application90
5.Renewal of registration91
6.Notification upon sale or transfer91
7.Revocation of registration91
Division 2 — Construction and Use Requirements
8.General construction requirements92
9.Sanitary conveniences92
10.Laundry93
11.Kitchen94
12.Cooking facilities95
13.Dining room96
14.Lounge room96
15.Fire prevention and control97
16.Obstruction of passages and stairways98
17.Fitting of locks98
18.Restriction on use of rooms for sleeping98
19.Sleeping accommodation — short term hostel and recreational campsite100
20.Furnishing etc. of sleeping apartments102
21.Ventilation103
22.Numbers to be placed on doors103
Division 3 — Management and Care
23.Keeper or manager to reside in the lodging‑house104
24.Register of lodgers104
25.Keeper report105
26.Certificate in respect of sleeping accommodation105
27.Duplicate keys and inspection105
28.Room occupancy106
29.Maintenance of a room by a lodger or resident106
30.Cleaning and maintenance requirements107
31.Responsibilities of lodgers and residents108
32.Approval for storage of food110
33.Offences and penalties110
Part VI — Boarding houses
1.Form of application and certificate122
2.Duration of registration122
3.Renewal of registration122
4.Number of boarders122
5.Room numbers123
6.Local authority may vary number of boarders123
7.Sleeping apartments to be certicated123
8.Consent required for approvals123
9.Requirements for sleeping apartments123
10.Ventilation124
11.Bed linen124
12.Person in charge124
13.Cleaning124
14.Bedding etc. used by person with infectious disease126
15.Eating utensils used by person with infectious disease126
16.Room used by person with infectious disease126
17.Fire extinguishers126
18.Fire escapes126
19.Standards for boarding houses127
20.Vermin128
21.Penalties for breaches of by-laws128
Part VII — Food
1.Apparatus and employees to be kept clean131
2.Offensive trades131
3.Vermin131
4.Flooring131
5.Lining of walls132
6.Standards for premises involved in food manufacture, sale, etc.132
7.Protection from flies133
8.Basins and soap133
9.Closet and privys134
10.Food withdrawn from sale134
11.Premises not to be used for other purposes134
11A.Receipt of clothing for dry-cleaning134
12.Storage of food134
13.Cellar135
14.Exchange of goods135
15.Beds, sacks, etc.135
15A.Use of containers with cords, absorbent linings, etc.135
15B.Food to be wrapped136
16.Lead or zinc vessels and pipes136
17.Unsuitable premises137
18.By-laws to be displayed137
19.Cleansing of drinking vessels137
19A.Damaged utensils137
20.Transport138
21.Floor to be impervious138
22.Floor to be cleaned139
23.Eight hour shifts139
24.Walls to be impervious139
25.Pickling pumps139
26.Brine or pickle to be removed140
27.Dogs not permitted140
28.Handling of meat140
29.Vehicles used to transport meat140
30.Milk not to be handled142
31.Vessels and utensils not to be placed in mouth142
32.Protection of milk from flies and dust142
33.Protection of vessels from flies and dust143
34.Vessels to be clean143
35.Vessels with rough edges or surfaces143
36.Storage with or near other substances143
37.Use of absorbent material to close vessels143
38.Damaged vessels not to be used143
39.Milk sold to vendor to be sealed144
40.Transfer of milk in public places144
41.Protection from the sun144
42.Vessels to be cleaned144
43.Vessels used by person with infectious disease to be sterilised144
44.Ice cream not to be kept in open shed145
45.Buildings used for ice cream145
46.Ice cream not to be kept in dwelling room etc.145
47.Handling of ice cream146
48.Unclean vessels not to be used146
49.Ice cream not to be re-frozen146
50.Registration of persons making or vending ice cream146
51.Licence to trade as an itinerant vendor147
52.Standards for itinerant vendors147
53.Registration of persons making or selling aerated water, temperance drinks, etc.148
54.Persons trading before commencement of by-laws148
55.Conditions for premises used for manufacture of aerated water etc.149
56.Bake houses150
57.Markets150
58.Refrigerating works — Cold Stores151
59.Premises to be kept clean151
60.Waste receptacles152
61.Grease traps152
62.Pigwash152
63.Sanitary conveniences152
64.Ablution facilities for staff152
65.Sleeping and food preparation areas to be separate153
67.Storage of food stuffs153
68.Decomposing food153
69.Cleanliness of employees153
70.Vermin control153
71.Drains to be kept in good repair153
72.Waste traps154
73.Penalties for breaches of by-laws154
Part IX — Offensive trades
Section A. — General
1.Application to carry on offensive trade159
2.Report of medical officer160
3.Form and application fee160
4.Form of certificate160
5.Offensive trades not permitted in specified areas160
6.Premises, fittings etc. to be kept clean and in good repair160
7.Water supply161
8.Ablution facilities for employees161
9.Walls etc. to be kept clean161
10.Effluent, vapour etc. to be rendered harmless161
11.Refuse receptacles161
12.Alteration of premises162
13.Storage of offensive materials162
14.Floor to be impervious, drained etc.162
15.Liquid waste163
16.Local authority may impose conditions163
17.By-laws bind employees163
18.Application of this Part164
19.Penalties for breaches of by-laws164
Section B. — Slaughter‑houses
1.Conditions169
2.Ventilation170
3.Removal of hides, fat and offal170
4.Privies and urinals170
5.Keeping of animals intended for human consumption170
6.Keeping of any animals171
7.Animals and carcasses to be inspected171
8.Directions of inspector171
9.Hours of slaughter171
Section C. — Piggeries
1.Interpretation171
2.Distance from other premises172
3.Sties and enclosures172
4.Slaughtering; putrid matter172
5.Fencing and shelter173
6.Water173
7.Feeding troughs173
Section D. — Artificial Manure Depots.
1.Interpretation174
2.Buildings to be non-absorbent material174
3.Control of dust and effluent175
4.Artificial manure to be packed175
Section E. — Bone Mills
1.Interpretation175
2.Buildings to be of non-absorbent material175
3.Control of dust and effluent175
4.Storage and packaging176
Section F. — Places for Storing, Drying, or Preserving Bones, Hides, Hoofs, or Skins
1.Control of effluent176
Section G. — Fat Melting, Fat Extracting, or Tallow Melting Establishments
1.Apparatus to be covered176
2.Walls to be impervious176
Section H. — Blood Drying
1.Conditions177
Section I. — Gut Scraping, Gut Spinning and Preparation of Sausage Skins
1.Storage and treatment of undried guts177
2.Floors to be cleaned and deodorized178
3.Tables and utensils to be cleaned178
4.Walls and surfaces to be cleaned178
Section J. — Fellmongeries
1.Interpretation178
2.Useless skin to be disposed of179
3.Water supply179
4.Tanks and receptacles179
5.Disposal of waste179
Section K. — Manure Works
1.Control of effluent180
Section L. — Wool Scouring Establishments
1.Interpretation180
2.Proximity to water supply, dwelling houses180
Section M. — Fish Curing Establishments
1.Removal of decomposing fish180
2.Premises to be lime washed181
Section N. — Fish Shops
1.Fireplace181
2.Chimney or ventilation pipe181
3.Decomposing fish to be removed181
4.Cleaning room182
Section O. — Laundries, Cleaning Establishments and Dyeworks
1.Liquid waste182
2.Floor and walls to be non-absorbent182
3.Discharging water from the mouth182
4.Reception room182
5.Wood gratings to be provided183
6.Articles to be disinfected if directed by inspector183
Section P. — Marine Stores.
1.Conditions183
2.Ventilation184
Section Q. — Bone Merchants’ Premises
1.Control of effluent184
Section R. — Chemical Works
1.Storage of material; disposal of gas184
Section S. — Flock Factories
1.Removal and collection of dust185
7.Material to be washed185
Section T. — Knackeries
1.Interpretation186
2.Proximity to streets and other premises186
3.Ventilation186
4.Killing pen186
5.Fly proofing187
6.Vehicles used to transport horseflesh187
7.Vehicles not to be used to transport food for human consumption187
8.Incineration of offal and refuse187
9.Water supply188
10.Hours of operation188
Section U. — Poultry Processing Establishments
1.Standards for buildings188
2.Sewerage system189
3.Storage of employees’ clothing189
4.Water supply190
5.Floor and walls to be cleaned190
6.Flies and vermin190
7.Suspension of poultry for bleeding190
8.Scald tanks190
9.Poultry not to be placed on floor190
10.Premises used for packing190
11.Dry plucking191
12.Other operation not to be carried on191
Section V. — Poultry Farming Employing the Caged System of Poultry Housing
1.Interpretation191
2.Cages191
3.Disposal of carcases192
Notes
Compilation table193
Defined terms
Western Australia
Health Act 1911
Model By‑Laws Series “A”
Whereas under the provisions of the Health Act 1911, a local authority may make by‑laws: Now, therefore the
being the local authority for the health district of
hereby make the following by‑laws: —
Interpretation
In these by‑laws the terms specified hereunder shall bear the meaning defined, unless the context indicates otherwise: —
Act means the Health Act 1911.
Approved shall mean approved by the Medical Officer of Health or by an inspector.
Part I — General sanitary provisions
Earth Closets and Privies
1.Standards for each closets and privies
No person shall construct or cause to be constructed any earth closet or privy which does not comply with the following conditions: —
(a)The internal fittings shall be in accordance with the plan shown in Schedule “A” hereto but where any earth closet or privy is erected on the premises of any school, the width of the earth closet or privy shall not be less than 830 millimetres in lieu of 910 millimetres as shown in the plan in Schedule “A.”
(b)It shall not be within six metres of any house or tank, nor within fifteen metres of any other water supply, nor within fifteen metres of the milking shed or milk room of any dairy, and shall be so constructed that the pan may be withdrawn from the rear of the convenience.
(c)The walls shall be of stone, brick, or other approved material.
(d)There shall be at least two ventilating openings, of 0.03 square metre in area, one in each of two opposite walls, and situated 1.8 metres above the floor level.
(e)The roof shall be of galvanised iron, or other impervious material.
(f)The door shall be hung so that there is, when the door is closed, a clear space of at least seventy‑five millimetres above and below it.
(g)The floor shall be of approved impervious material, and shall have a uniform fall of one in 30 from back to front and its upper surface shall be not less than 150 millimetres above the level of the ground adjoining.
(h)The under surface of the seat shall be 395 millimetres above the floor.
(i)A hinged aperture cover shall be provided to the seat.
(j)A service door shall be provided in the rear wall of the convenience, through which the pan must be withdrawn.
[By‑law 1 amended by Gazette 18 May 1955 p.1119; 21 December 1973 p.4672.]
1A.Privies to be provided in all houses
(1)The owner of a house shall provide a privy or privies thereon to such number and of such construction as are required in accordance with the provisions of this by‑law
(2)Subject to sub‑by‑law (4) of this by‑law, every house shall be provided with at least one privy where it is necessary or likely to be necessary to provide for the requirements of not more than fifteen persons, and additional privies in the proportion of one to every fifteen, or portion of fifteen, persons shall be provided where it is necessary or likely to be necessary to provide for the requirements of more than fifteen persons but not more than ninety persons.
(3)In the case of a house where it is necessary or likely to be necessary to provide for the requirements of more than ninety persons, there shall be provided the number of privies required under sub‑by‑law (2) of this by‑law and additional privies in the proportion of one to every twenty, persons in excess of ninety persons.
(4)Where a house is one in which persons of both sexes reside or lodge, and the house is a boarding‑house or a lodging‑house or is occupied by more than one tenant, separate privies for each sex shall be provided in such house.
(5)All entrances to privies shall be so screened as to ensure privacy and the entrance to a privy set aside for use by one sex shall be distant not less than 3.6 metres from the entrance to a privy set aside for use by the opposite sex.
[By‑law 1A inserted by Gazette 12 December 1962 pp.3909‑10; amended by Gazette 21 December 1973 p.4672.]
1AA.Privies urinals on work sites
A person who undertakes work in the district shall provide and maintain, for the use of the persons engaged on the work, privy and urinal accommodation in accordance with the following scale: —
Number of Workmen, Privies, Urinal Pans, Frequency of Removal
1 to5;1; nil; once per week.
6to12;1; nil; twice per week.
13to20;1; 1; twice per week.
21to30;2; 1; thrice per week.
This by‑law shall not apply to a factory, shop or warehouse which is within the meaning of the interpretation of factory, shop or warehouse in section four of the Factories and Shops Act 1920 3, wherein privy and urinal accommodation is provided for the use of the persons employed therein.
[By‑law 1AA inserted by Gazette 6 February 1953 p.283.]
1B.Standards for temporary closets and privies
In relation to temporary closets and privies to be provided for the use of workmen employed on any works the following provisions shall apply: —
1.(a)The internal fittings shall be in accordance with the dimensions in Schedule “A” to Part I in the said Model By‑laws.
(b)An earth closet or privy shall not be within six metres of any house or tank nor within fifteen metres of any milking shed or milk room of any dairy.
(c)The walls and roof shall be of wood and galvanised iron or other material as may be approved by the local authority.
(d)The entrance shall be effectively screened to ensue privacy.
(e)The under surface of the seat shall be at least 395 millimetres above the level of the ground.
(f)A hinged aperture cover shall be provided to the seat.
(g)A hinged riser shall be provided to the panstead so as to allow of the withdrawal of the pan from within the privy.
(h)The panstead shall be constructed as a separate unit and not incorporated in the walls.
2.The panstead shall be constructed and maintained in a flyproof condition.
[By‑law 1B inserted by Gazette 10 February 1950 pp.244‑5; amended by Gazette 21 December 1973 p.4672.]
[1BA.Revoked by Gazette 30 July 1968 p.2204.]
1BB.Sanitary conveniences in offices
(1)In every office the occupier shall provide sanitary conveniences for the use of the persons employed or engaged therein in accordance with the following scale and conditions: —
|
Water Closets |
Proportion of Pans to Female Employees |
Proportion of Pans to Male Employees |
Hand Basins |
|
When the number of employees does not exceed 100 . . . . . . . . . . |
1 to 20 |
1 to 25 |
1 to 20 |
|
When such number exceeds 100 but does not exceed 200 . . . . . . . |
1 to 25 |
1 to 30 |
1 to 20 |
|
When such number exceeds 200 . . . . . . . . . |
1 to 25 |
1 to 40 |
1 to 20 |
(2)Subject to sub‑bylaw (3) of this by‑law separate closet accommodation shall be provided for the persons of different sexes and the entrance to each closet shall bear a sign to indicate for which sex its use is intended.
(3)In an office in which the majority of those employed or engaged are of the one sex and not more than two employees are of the other sex, separate closet accommodation for the persons of different sexes is not required if separate accommodation is provided or available in adjoining or adjacent premises at all times.
(4)Closets for different sexes shall not adjoin each other unless the closets are separated by a wall of brick, stone or concrete not less than 100 millimetres in thickness.
(5)The door of every external closet shall be properly screened from the ground to a height of at least 1.8 metres and screening shall also be provided to prevent the closet being visible from overlooking windows.
(6)Any closet for females shall have a separate entrance behind the screen and that entrance shall not be within 3.7 metres horizontally of the entrance of any closet intended for the use of males.
(7)In every office in which more than twelve males are employed, urinal accommodation shall be provided in the proportion of one stall or 610 millimetres of urinal for each thirty male employees.
(8)The distance between a person’s workplace and the closet shall be not greater than the height of one storey, or more than 100 metres horizontally.
(9)The occupier shall cause sanitary conveniences to be cleaned each day.
(10)All sanitary conveniences required to be provided by this by‑law shall be connected to an approved system of sewerage and the fittings and installation shall be of a standard that conforms to the by‑laws made under the Metropolitan Water Supply, Sewerage and Drainage Act 1909.
(11)Where there is more than one office located in a building or part of a building, the occupiers of those offices may jointly provide the sanitary conveniences required by this by‑law as if those offices were one office.
(12)In this by‑law —
office means any building or other premises or part thereof in which one or more persons are employed or engaged, directly or indirectly, to perform work of a professional or clerical nature in connection with any profession or business.
(13)The provisions of this by‑law do not apply to, or in relation to, any premises which, on the date of the coming into operation of this by‑law in the municipal district, are an office within the meaning of subbylaw (12) of this by‑law, so long as those premises continue to be used as an office and are not altered, extended, modified or converted in any way.
[By‑law 1BB inserted by Gazette 13 August 1969 pp.2328‑9; amended by Gazette 21 December 1973 p.4672.]
Urinals
No person shall construct or cause to be constructed a urinal which does not comply with the following conditions: —
(a)The walls shall be composed of or faced with some impervious material, approved by an inspector.
(b)The floor shall be constructed of approved material, finished so as to be impervious, and have a fall of not less than 1 in 30 to a drain constructed at one side of such floor; the drain to be composed of similar material; such drain shall discharge to a trapped gully, connected by a glazed earthenware pipe of sufficient size to a sewer or if there be no sewer then it shall be disposed of as directed by the local authority.
(c)The roof shall be of impervious material and so arranged that there is an opening on all sides between the top of the walls and the lower side of the roof of not less than 150 millimetres.
(d)A “U” shaped trough shall be provided, placed against one of the walls, and composed or faced with galvanised iron, not thinner than 0.9 millimetre or some other approved impervious material, discharging in an approved manner to a sewer or to a sanitary pan, of the pattern prescribed by by‑law 7.
(e)The impervious surface of that side of the trough nearest to the wall shall be continued to a height of not less than 610 millimetres above the front edge of the trough; the front edge shall be not less than 610 millimetre and not more than 660 millimetres above the floor level.
(f)The wall against which the trough is placed to be that wall which is adjacent to the lowest part of the floor.
(g)A water supply, and such fittings as may be required, for flushing purposes, shall be provided to the satisfaction of an inspector.
[By‑law 2 amended by Gazette 21 December 1973 p.4672.]
Maintenance of Sanitary Conveniences
3.Maintenance of Sanitary Conveniences
(1)The owner of premises shall maintain all works and services, fixtures, fittings and mechanisms that form part of or are appurtenant to sanitary conveniences, bathroom, laundry, or cooking facilities on those premises in good condition and available for use.
(2)The occupier of premises shall maintain all sanitary conveniences and all works, fixtures, fittings, pipes and drains on those premises in a clean condition.
[By‑law 3 inserted by Gazette 12 December 1962 p.3910.]
The provisions of by‑laws 4A, 4AA, 4AB, 4AC, 4AD and 4AF do not apply to any building, flat or house to which the Health Act (Laundries and Bathrooms) Regulations apply.
[Bylaw 3A inserted by Gazette 18 August 1971 p.3027.]
3B.Bathrooms to be provided in dwellings
The owner of a dwelling of Class I, IA, II or IV Occupancy as classified in the Uniform Building By‑laws 1965, shall provide on the premises, for the use of the occupants thereof, a bathroom, having a floor area and minimum width in accordance with the requirements of the Uniform Building By‑laws 1965, which shall be equipped with a wash basin and a shower bath or plunge bath.
[By‑law 3B inserted by Gazette18 August 1971 p.3027.]
[4.Revoked by Gazette 12 December 1962 p.3910.]
4A.Laundry to be provided in residential buildings
(1)In this by‑law —
flat means that portion of a building used or intended, or adapted or designed for use as a separate tenement in a building containing two or more such tenements, but shall not include any building or place established wholly or partly by contributions from the Consolidated Revenue Fund of the Commonwealth or the consolidated revenue of the State and used for the purpose of housing aged persons;
laundry unit means a unit consisting of one washing machine, one wash trough of not less than thirty‑six litre capacity provided with hot and cold water, and one drying cabinet or a minimum of thirty metres of clothes line.
(2)A person shall not erect, rebuild, maintain or use any house intended for occupation unless it has provided in it a laundry properly enclosed and roofed, with either a concrete floor not less than seventy‑five millimetres in thickness, properly surfaced, or other material of similar strength and impermeable qualities, with an even fall to a floor waste outlet, and having a floor area in accordance with the requirements of the Uniform Building By‑laws 1965, not being a room in which food is stored, prepared, served or consumed, and which is fitted with the following facilities —
(a)in the case of a house which is a “private dwelling” within the meaning of by‑law 301 of the Uniform Building By‑laws 1964—
(i)one pair of wash troughs and one copper; or
(ii)a mechanical washing machine and one wash trough or sink having a capacity of not less than thirty‑six litres and where the washing machine is not fitted with apparatus for heating water, a hot water system shall be provided.
(b)In the case of a residential flat building —
(i)communal facilities in accordance with the following scale —
|
No. of bedrooms |
Laundry units |
|
0‑10. . . . . . . . . . . . . . . . . . . |
1 |
|
11‑30. . . . . . . . . . . . . . . . . . . |
2 |
|
31‑70. . . . . . . . . . . . . . . . . . . |
3 |
|
71‑100. . . . . . . . . . . . . . . . . . . |
4 |
|
101‑140. . . . . . . . . . . . . . . . . . . |
5 |
|
141‑180. . . . . . . . . . . . . . . . . . . |
6 |
|
181‑200. . . . . . . . . . . . . . . . . . . |
7 |
plus one additional laundry unit for each 50 bedrooms in excess of 200;
(ii)where any flat is serviced by an individual laundry unit, the number of bedrooms in that flat may be deducted from the total number of bedrooms referred to in subparagraph (i) of this paragraph prior to application of the scale to the requirement for communal facilities;
(iii)notwithstanding the provisions of subparagraphs (i) and (ii) of this paragraph a flat comprising two or more bedrooms shall be so constructed as to provide space in accordance with the Uniform Building By‑laws 1965, for a washing machine and space for a drying cabinet, each space being provided with a power point connected to an electricity supply and the flat shall also be provided with a wash trough of not less than thirty‑six litres capacity connected to an adequate supply of both hot and cold water.
[By‑law 4A inserted by Gazette 18 August 1971 p.3028; amended by Gazette 21 December 1973 p.4672.]
4AA.Laundry with copper to be separated from kitchen
Where laundry facilities provided in accordance with these by‑laws consist of wash troughs and copper, and are situated in the same building as and adjacent to a kitchen or room where food is stored or consumed, those facilities shall be separated from the kitchen or room by a wall extending from the floor to the roof or the ceiling and where an opening permitting communication between the laundry and the kitchen or room where food is stored or consumed is provided, the opening shall be not more than 815 millimetres wide, and it shall be provided with a door which when closed, shall completely fill the opening.
[By‑law 4AA inserted by Gazette 18 August 1971 p.3029; amended by Gazette 21 December 1973 p.4672.]
4AB.Laundry with washing machines to be separated from kitchen
Where laundry facilities provided in accordance with these by‑laws consist of mechanical washing machines and wash troughs or sinks, and are situated in the same building as and adjacent to a kitchen, those facilities shall be separated from the kitchen by a wall or other approved partition which shall be at least 1.8 metres high and where an opening permitting communication between the laundry and kitchen is provided, the opening shall not extend for more than half the width of the room and it shall not be more than 1.3 metres wide.
[By‑law 4AB inserted by Gazette 18 August 1971 p.3029; amended by Gazette 21 December 1973 p.4672.]
Waste water from any washing machine shall be discharged to a properly trapped, drain inlet and disposed of in a manner permitted by the Bacteriolytic Treatment of Sewage and Disposal of Effluent and Liquid Waste Regulations made under the Health Act 1911, the by‑laws made under the Metropolitan Water Supply, Sewerage, and Drainage Act 1909 or the by‑laws made under the Country Towns Sewerage Act 1948.
[By‑law 4AC inserted by Gazette 18 August 1971 p.3029.]
A hot water system referred to in by‑law 4A, of these by‑laws shall —
(a)where it is of the storage type, have a capacity of not less than twice the capacity of the washing machine; or
(b)where it is of the continuous flow type, deliver hot water to the washing machine at a rate of not less than 0.04 litre per second,
and shall be capable of delivering an adequate supply of water at a temperature of not less than 77° Celsius.
[By‑law 4AD inserted by Gazette 18 August 1971 p.3029; amended by Gazette 21 December 1973 p.4672.]
4AE.Maintenance of apparatus and fittings
All apparatus and fittings provided in accordance with Part 1 of these by‑laws shall be kept in good order and fit for use, and the owner thereof shall renew or repair any part that shall become defective.
[By‑law 4AE inserted by Gazette 20 March 1953 p.515.]
4AF.Coppers, troughs and sinks
Every copper, wash trough and sink, required to be provided by these by‑laws shall be properly supported and be provided with an adequate supply of water.
[By‑law 4AF inserted by Gazette 18 August 1971 p.3029.]
4B.Clothing and bedding not to be washed in kitchen
A person shall not —
(a)wash or permit to be washed;
(b)keep or permit to be kept,
any soiled clothing or bedding in a kitchen or other place where food is stored, prepared, served or consumed.
[By‑law 4B inserted by Gazette 18 August 1971 p.3029.]
Public Latrines
(a)No person shall foul any portion of a public sanitary convenience.
(b)No person shall stand upon any portion of any such convenience other than the floor.
(c)Every such convenience shall be provided with a sufficient amount of artificial light, and such light shall be maintained after sunset for such time as such convenience remains open to the public.
(d)No person shall write upon or otherwise deface any portion of the structure or fittings of any such convenience.
Every owner of a privy shall provide in connection therewith two pans, one lid and one rubber ring, and such pans shall conform to the following specifications: —
(a)They shall be constructed of galvanised iron of not less than 0.7 millimetre thickness.
(b)They shall be 370 millimetres high, and the diameter shall be 335 millimetres.
(c)There shall be an iron band around the top twenty‑five millimetres by six millimetres, welded at the joint, and secured thereto by six millimetre diameter rivets, placed through the band and pan at equal distances apart in the circumference thereof and so as to fit same neatly, and be level across the top.
(d)The seams of the pan shall be folded, grooved, and sweated with solder.
(e)There shall be two straps across the bottom, swaged and riveted thereto, and made of 30 millimetre width galvanised hoop iron of not less than 0.9 millimetre diameter.
(f)Two handles of ten millimetres diameter round iron shall be properly riveted to the external opposite sides at 125 millimetres below the top, projecting not more than fifty millimetres from the sides thereof.
(g)The lid to be used on removal of a pan from a privy shall be of approved design, and so contructed and fitted that when applied and fixed to a pan, no liquids can escape from the latter.
(h)The pan shall be removed from each privy at least once in each week or at such times and with such frequency as an inspector may direct.
[By‑law 6 amended by Gazette 21 December 1973 pp.4672‑3; Erratum in Gazette 11 January 1974 p.60.]
Prescribing the Method of Removing Used Pans and the Replacing of Clean Ones.
7.Removal and replacements of pans
(a)Every person removing a pan from a privy shall at once cover the same with an approved tight‑fitting lid. He shall then place in the panstead of the privy a clean pan of the pattern described in by‑law 6, and such clean pan shall be placed directly under the aperture in the seat, in such a way that the handle of the pan is not in contact with the riser, and the panstead door shall then be closed.
(b)After the lid of a used pan has been placed in position no person shall remove such lid until after the pan has been transported to the site used for the disposal of nightsoil.
(c)On reception at the place of disposal, the contents of each pan shall be emptied and disposed of in the manner prescribed by paragraph (f).
(d)After the pan has been emptied, it and its lid must be thoroughly washed and scrubbed in clean water, and then the inside of such pan and both sides of the lid shall be thoroughly scrubbed in a disinfecting solution, a separate brush being used, and then wholly immersed in a solution of disinfectant having a germicidal value equal to a five per cent. solution of pure carbolic acid; or thoroughly cleansed in a steam‑tight box or chamber with steam, to be applied to the pan and lid for not less than five minutes.
(e)The interior surface of every pan and the underside of the lids shall, after being thoroughly cleansed, be properly coated with coal tar applied hot, and such coating shall be renewed whenever necessary, so as to properly protect the whole internal surface of the pan and the underside of the lid.
(f)The contents of such pans shall be disposed of by burial in a trench not exceeding 610 millimetres in depth, nor 610 millimetres in width, and shall without undue delay after being deposited be thoroughly covered with a layer of clean earth of at least 150 millimetres in depth.
[By‑law 7 amended by Gazette 21 December 1973 p.4673.]
7A.Frequency of removal of pans
(1)The pan shall be removed from each privy at least once in each week.
(2)If more than six and not more than 10 persons use such privy, the pans shall be removed at least twice each week.
(3)If more than 10 and not more than 15 persons use such privy, the pan shall be removed at least three times each week.
(4)If more than 15 persons use such privy, the pan shall be removed daily.
(5)Notwithstanding the foregoing, the pan from any privy shall be removed at such times and with such frequency as an inspector may direct.
(6)The following persons shall be responsible for compliance with this by‑law: —
(a)If the removal of nightsoil is the subject of a contract, then the contractor and his servants.
(b)If the local authority undertakes such removal, then the local authority and its servants.
(c)If the local authority does not undertake or contract for such removal, then the householder.
[By‑law 7A inserted by Gazette 30 April 1943 p.432.]
Prevention of the Use of Nightsoil, Urine, etc., as Manure
8.Night soil not to be used as manure
(a)No person shall use or keep for the purpose of use as manure any night soil or urine.
(b)No person at any sanitary depot shall plant vegetable matter for human consumption on any part of such depot in the soil in which there has been deposited any nightsoil, urine, or offensive matter within six weeks.
Drivers of Carts used in sanitary Services Not to Loiter in Streets, etc.
9.Drivers of Carts used in sanitary Services Not to Loiter in Streets, etc.
No driver of any vehicle used in the transport of nightsoil, urine, liquid wastes or offensive matter shall loiter in any street, right‑of‑way, lane or other public place.
Vehicles to be Cleansed
All vehicles used in the carrying out of sanitary services specified in by‑laws 12 and 16 shall be daily cleansed and shall be maintained in such a condition as not to be offensive.
[11. Revoked by Gazette 12 October 1967 p.2865.]
Removal and Disposal of Nightsoil
[Heading inserted by Gazette 20 March 1964 p.1655.]
11A.Removal and Disposal of Nightsoil
(1)No person shall carry out or undertake the collection, removal and disposal of nightsoil, urine and liquid wastes, including the contents of any apparatus for the bacteriolytic treatment of sewage, unless he has first obtained the approval in writing of the local authority to do so.
(2)The local authority may specify in any approval granted to a person pursuant to this by‑law conditions to be observed or performed by such person in the collection, removal and disposal of nightsoil, urine and liquid wastes referred to in this bylaw and the place where that disposal is to be carried out.
(3)A person who carries out or undertakes the collection, removal and disposal of nightsoil, urine and liquid wastes referred to in this by‑law without the approval of the local authority, or having obtained such approval fails to observe or perform any condition specified therein, or to dispose of the nightsoil, urine and liquid wastes at the place specified for that purpose therein, commits an offence.
[By‑law 11 inserted by Gazette 20 March 1964 p.1655.]
Rubbish Receptacles to be Provided
12.Rubbish Receptacles to be provided
(a)The occupier of every premises shall provide a receptacle, or as many more such receptacles as may be required by an inspector, for holding refuse. Such receptacle shall be of metal not thinner than 0.55 millimetre. Its capacity shall not be less than seventy litres, nor more than 110 litres, and so constructed as to be water‑tight. It shall be provided with two handles and have a tight‑fitting lid with a flange overlapping the top of the bin.
(b)Notwithstanding the provisions of paragraph (a) of this by‑law, the occupier may provide as an alternative rubbish receptacle, a rust‑proofed metal holder incorporating a tight‑fitting lid and having fastened to such holder a two‑ply moisture resistant or other approved type of disposable refuse container.
(c)For the purpose of this by‑law and by laws 14 and 15 the term “refuse” does not include slops or liquid waste, and no person shall place any such slops or liquid waste in any such refuse receptacle.
[By‑ law 12 amended by Gazettes 8 January 1965 p.1; 21 December 1973 p.4673.]
Refuse to be Deposited in Receptacles
13.Refuse to be deposited in receptacles
The occupier of every premises shall cause all household refuse to be deposited in such receptacle, and such receptacle shall be maintained in a thoroughly clean and efficient condition, and in a condition to satisfy the requirements of by‑law 12, and he shall, when required by an inspector, thoroughly cleanse and disinfect every such receptacle.
Receptacles to be Kept Covered and Emptied Weekly
14.Receptacles to be kept covered and emptied weekly
Every occupier shall cause such receptacle to be covered with its lid at all times, except when the lid is removed for the purpose of placing the refuse within the receptacle, and at such times the lid shall be immediately replaced. Every such receptacle shall be emptied once weekly, or so much more frequently as an inspector may direct.
Rubbish Removal Vehicles
[Heading inserted by Gazette 12 December 1962 p.3910.]
A vehicle used by the local authority or its contractor for the collection and transport of rubbish shall —
(a)be provided with a compartment in which all rubbish shall be deposited for removal, and of which the interior is constructed from or surfaced with impermeable material; and
(b)have a cover over the compartment at all times when the vehicle is engaged in the transport of rubbish.
[By‑law 15 inserted by Gazette 12 December 1962 p.3910.]
Method of Removal of Rubbish
[Heading inserted by Gazette 12 December 1962 p.3910.]
15A.Method of removal of rubbish
A person engaged in the removal of rubbish from premises shall —
(a)convey all rubbish from the receptacle of the occupier of the premises and deposit the rubbish in the portion of the collection vehicle intended to hold rubbish; and
(b)replace the receptacle at the place where the person found it, with the lid in place, or supply a further disposable refuse container of an approved type, if applicable.
[By‑law 15A inserted by Gazette 12 December 1962 p.3910; amended by Gazette 8 January 1965 p.1.]
Rubbish Receptacle Not to be Placed in Street
16.Rubbish receptacle not to be placed in street
No person shall place a rubbish receptacle in or upon any street, right‑of‑way, thoroughfare, lane, or footpath.
Rubbish Not to be Deposited on Public Lands
17.Rubbish not to be deposited on public lands
No person shall deposit any filth, dirt, ashes, rubbish, sludge, liquid refuse or offensive matter on or about a street, or Crown lands or at places under the control of the local authority, except upon such land as is specially set apart for the purpose of such deposit under the provisions of the Act.
Rubbish Only to be Removed from Cart at Prescribed Places
18.Rubbish only to be removed from cart at prescribed places
No person shall remove any rubbish or refuse from a rubbish cart, except at such place or places as shall have been set apart for the purpose.
Method of Disposal of Rubbish
19.Method of disposal of rubbish
(1)It shall be the duty of the local authority to ensure that all household rubbish deposited at a site under its control is —
(a)distributed in such a manner that no layer of rubbish is deeper than 1.8 metres; and
(b)covered each day with a layer of earth at least 230 millimetres deep.
(2)A person who —
(a)sets fire to any rubbish at a site set aside for the deposit of rubbish, except where the rubbish is in a properly constructed incinerator; or
(b)removes any matter or thing whatsoever from a site set aside for the disposal of rubbish without the written permission of the local authority, or fails or neglects to observe any condition under which that permission was given; or
(c)deposits or disposes of any rubbish at a place other than a place set aside by the local authority for the purpose;
commits an offence.
[By‑law 19 inserted by Gazette 12 December 1962 p.3911; amended by Gazette 21 December 1973 p.4673.]
Places of Deposit of Rubbish or Nightsoil to be Fenced
20.Places of deposit of rubbish or nightsoil to be fenced
Every place used for the deposit of faecal matter or refuse shall be securely fenced on all sides, and so as to effectively exclude cows, horses, and other stock from such place.
Liquid Refuse — Disposal of
The term “liquid refuse” when used in these by‑laws shall include bath, kitchen, scullery, laundry, and wash‑house or other domestic wastes, also stable washings.
22.Discharge of liquid refuse onto street prohibited
No person shall permit any liquid refuse to be discharged or deposited upon the surface of any street.
[23., 23A. Revoked by Gazette 30 July 1968 p.2204. 4]
Transport of Offensive Material
24.Transport of offensive material
(a)No person shall remove or transport any offensive matter between the hours of 8 am. and 10 pm.
(b)No person shall remove any pigwash or offensive matter unless such pigwash or offensive matter be carried in watertight barrels or tanks securely covered to prevent the escape of any of the contents thereof, or the emission of any offensive odour there from.
(c)Every person using any tank or barrel or vehicle in the removal of any pigwash or offensive matter shall keep such tank, barrel or vehicle and every vehicle used for the carriage or removal of any such matter as aforesaid in a thoroughly clean condition, and in good repair.
(d)The provisions of this by‑law shall not apply to persons engaged in the removal of nightsoil or refuse as provided by by‑laws 7 and 15.
24A.Transport of butchers’ or slaughterhouse waste
No person shall use for the transport of any butchers’ or slaughterhouse wastes any vehicle used in the transport of food, drugs or any matter intended to be used for the packing or handling of food and drugs.
[By‑law 24A inserted by Gazette 16 May 1952 pp.1250‑1.]
24B.Removal of butchers’ or slaughterhouse waste
No person shall collect, remove or engage in the transport of any butchers’ or slaughter‑house wastes unless —
(1)the vehicle used for the purpose is a powered vehicle and shall have —
(a)(i)a compartment for holding wastes, the compartment to be comprised of a floor and four walls made of sheet metal being not less than 910 millimetres high from floor level; and
(ii)all joints in the compartment soldered, welded or brazed and made water tight; and
(iii)all loading doors, when loading doors are provided, fitted to the rear or left side of the vehicle only and the loading doors shall be tight fitting; and
(iv)the compartment completely covered with a tarpaulin which shall be carried over the walls, and secured to the outside thereof at least 300 millimetres from the top; or
(b)a metal bin with a tight fitting lid in which any butchers’ or slaughter‑house wastes shall be placed;
(2)the vehicle and all bins, tarpaulins, bags and other accessories are thoroughly cleansed on each day on which they are used and maintained in good order at all times;
(3)all butchers’ or slaughter‑house wastes are loaded, transported or delivered so as not to cause a nuisance.
[By‑law 24B inserted by Gazette 16 May 1952 pp.1250‑1; amended by Gazette 21 December 1973 p.4673.]
Prevention of the Use of Offal and Blood as Manure
25.Prevention of use of offal and blood as manure
(a)No person shall transport, deposit, use or store offal or blood for the purpose of being used as manure unless it has been sterilised by steam and properly dried.
(b)No person shall transport, deposit, use or store for use as manure any blood in such a way as to be offensive, or deposit or store such material within 30 metres of any house or dairy.
[By‑law 25 amended by Gazette 21 December 1973 p.4673.]
Stables
The occupier of any premises whereon a horse is kept shall provide a stable which shall comply with the following conditions: —
(a)It shall not be at any less distance than six metres of any dwellinghouse, nor less than fifteen metres from the milking‑shed or milk‑room of any dairy.
(b)It shall have walls to a number and height and thickness approved and such walls shall be constructed of concrete, brick, stone, wood or galvanised iron.
(c)It shall have a roof to be constructed of some impervious material.
(d)There shall be on all sides of the building between the wall and the roof a continuous clear space of at least 150 millimetres in height.
(e)The upper surface of the floor shall be raised at least seventy‑five millimetres above the surface of the surrounding ground, and shall be constructed of granolithic cement, concrete, or some other approved impervious material; it shall have a fall of one in a hundred to a drain.
(f)There shall be provided outside each such stable a receptacle for manure, such receptacle shall be constructed of brick faced with cement or with other approved impervious material; it shall be provided with a tight‑fitting cover, and shall be emptied at least once weekly.
(g)All manure produced on the premises shall be collected daily and placed in the receptacle for manure.
(h)The stable shall be maintained in a cleanly condition, and shall be cleansed and disinfected when so ordered by an inspector.
[By‑law 26 amended by Gazette 22 June 1951 p.1836; 21 December 1973 p.4673.]
27.Stable plans to be approved
No stable shall be erected unless and until plans, specifications, and site of the proposed stable have been approved.
Keeping of Horses, Cows, Sheep and Goats
28.Keeping of Horses, Cows, Sheep and Goats
The occupier of any premises shall not allow any horse, cow, sheep or goat to be loose in any paddock, yard or other place forming portion of such premises, and the owner of any yard, paddock or other place shall not allow any horse, cow, sheep or goat to be loose in any such yard, paddock or place unless and until due provision is made to prevent such horse, cow, sheep or goat from approaching to within twelve metres of any dwelling whatsoever and within eighteen metres of any shop, factory, bakery or place where food is manufactured, stored or exposed for sale.
[By‑law 28 amended by Gazette 12 December 1962 p.3912; 21 December 1973 p.4673.]
Keeping of Poultry or Pigeons
29.Keeping of Poultry or Pigeons
(1)The occupier of any premises shall not keep any poultry or pigeons, except for the purpose of immediate sale, except under the following conditions: —
(a)The occupier of any premises shall not keep any pigeons or poultry within 20 feet of any dwelling‑house, and where pigeons are kept they shall be continually confined.
(b)All enclosures or cages within which birds of any description are kept shall be maintained at all times in a clean condition and shall at any time be cleaned, disinfected, or otherwise dealt with as an inspector may direct.
(c)The occupier of any premises whereon any other animals are kept shall at all times maintain all enclosures or structures of any description wherein such animals are confined in a clean condition, and at any time when so directed by an inspector shall immediately cleanse and disinfect any such enclosure or structure.
(2)The provisions of this by‑law shall remain in force until and including the 30th day of June, 1963, after which date this by‑law shall cease to be of any force or effect.
[By‑law 29 amended by Gazette 12 December 1962 p.3912.]
29A.Registration of poultry keepers
(1)On and after the 1st day of July, 1963, an occupier of premises shall not keep or permit to be kept poultry on any premises occupied by him within the area described in sub‑bylaw (2) of this by‑law except under and in compliance with the following conditions: —
(a)The occupier is registered with the local authority as a keeper of poultry and the premises are also registered.
(b)The occupier has paid to the local authority a registration fee of five shillings.
(c)The occupier has provided properly constructed enclosures and facilities for the keeping of poultry and the poultry are kept therein at all times.
(d)The poultry do not exceed 20 in number.
(e)The occupier does not keep any poultry within nine metres of any dwelling‑house.
(f)All enclosures within which poultry are kept are maintained in a clean condition.
(2)This by‑law operates and has effect in the whole of the district of the local authority.
(3)The local authority may cancel or refuse the registration of any occupier in relation to any premises if the occupier is convicted in any court for an offence relating to the keeping of poultry.
[By‑law 29A inserted by Gazette 12 December 1962 pp.3912‑3; amended by Gazette 21 December 1973 p.4673.]
29B.Registration of pigeon keepers
(1)On and after the 1st day of July, 1963, an occupier of premises shall not keep or permit to be kept pigeons on any premises occupied by him within the area described in sub‑bylaw (2) of this by‑law, except under and in compliance with the following conditions.
(a)The occupier is registered with the local authority as a keeper of pigeons and the premises are also registered.
(b)The occupier has paid to the local authority a registration fee of five shillings.
(c)Pigeons are confined in a suitable cage not nearer than nine metres to any dwelling‑house, street or road, and not less than 1.2 metres from the side and rear boundaries of the lot, provided that registered homing pigeons may be freed for exercise.
(d)All pigeon cages are provided with a concrete floor trowelled to a smooth finish and laid with a fall of 1 in 50 to the front, or with tongued and grooved flooring on a timber base, laid with a fall to the front.
(e)All pigeon cages or lofts within which pigeons are kept are maintained at all times in a clean condition.
(f)The maximum number of pigeons kept at the one time does not exceed twenty on a sub‑divided residential lot, except that any person who in January of each year produces to the local authority satisfactory proof that he is currently affiliated with the Pigeon Racing Federation of W.A. (Inc.) or a registered fancier, may be permitted to keep up to a maximum of seventy‑five (75) pigeons.
(2)This by‑ law operates and has effect in the whole of the district of the local authority.
(3)The local authority may cancel or refuse the registration of any occupier in relation to any premises if the occupier is convicted in any court for an offence in relation to the keeping of pigeons.
[By‑law 29B inserted by Gazette 12 December 1962 p.3913; amended by Gazette 21 December 1973 p.4673.]
Disposal of Carcases of Animals
30.Disposal of Carcases of Animals
The owner or occupier of any premises whereon there is a dead animal shall not dispose of the carcase of such animal on any premises, except at a recognised sanitary site, or on premises approved by the local authority for that purpose, and it shall there be disposed of in the manner described for the disposal of rubbish under the provisions of by‑law No. 19.
Foundations of Buildings to be Dry, Sound and Well Drained
30A.Foundations of Buildings to be dry, sound and well drained
(a)A person shall not erect any new building upon any ground which does not provide for the foundations of the building being dry, sound and well drained.
(b)A person shall not commence the construction of the foundations of any new building until the site upon which the building is to be erected is approved by the local authority.
[By‑law 30A inserted by Gazette 21 August 1953 pp.1574‑5.]
Drainage of Land Used for Building Purposes
31.Drainage of land used for building purposes
No person shall erect any dwelling or use as a dwelling‑house any building existing upon land which is so situated as not to permit of being drained by gravitation into an existing drain or sewer unless —
(a)Such land has been covered with clean earth to such depth that every part of the surface of such land is at least one foot above the nearest existing sewer, and unless such land is effectively drained.
(b)Ventilating openings are provided in each wall below the level of the floor joists; such ventilating openings to be in proportion of one air brick (230 millimetres long by 150 millimetres high) for each three metres in length of wall, and such ventilating openings shall not connect with the air cavity in any wall.
(c)If required by the local authority, the surface of the land upon which the house is to be, or is erected, shall be covered with a layer of cement concrete or other specified material of such depth as may be directed.
(d)The underside of any part of the lowest wooden floor of any such building shall be not less than 150 millimetres above the surface of the land.
[By‑law 31 amended by Gazette 21 December 1973 p.4673.]
Sites of New Buildings to be Thoroughly Drained
31A.Sites of new buildings to be thoroughly drained
Every person who shall erect a new building shall cause the intended site of any building to be properly and thoroughly drained; and he shall cause any soakage or drainage from the adjoining sites or buildings to be completely diverted from the site of such new building.
[This By‑law was not numbered when published in Gazette 8 April 1927 p.970.]
Buildings to be Provided with Spouting and Downpipes and with Drains
32.Buildings to be provided with spouting and downpipes and with drains
(1)The owner of a building erected after the coming into operation of this by‑law shall, unless otherwise authorised by the local authority, and the owner of a building erected before the coming into operation of this by‑law shall, when directed in writing by the local authority to do so, cause the building to be provided with —
(a)spouting and downpipes fixed to the eaves of the roof of the building, so as to receive, without overflowing, all rainwater flowing from the roof; and
(b)drains, laid with sufficient fall, to carry off all storm or rainwater falling on the building.
(2)The owner of a building shall properly maintain any spouting, downpipes and drains provided in compliance with sub‑bylaw (1) of this by‑law.
[By‑law 32 inserted by Gazette 28 November 1968 p.3456.]
Certain Space to be Allowed in Sleeping Rooms
33.Certain space to be allowed in sleeping rooms
No sleeping room in any dwelling‑house shall be occupied by such a number of inmates that for every inmate over the age of 10 years there is less than thirteen cubic metres of air space, and for every inmate under the age of 10 years there is less than eight cubic metres of air space, and the occupier of every such dwelling‑house shall be responsible for any breach of this by‑law.
[By‑law 33 amended by Gazette 21 December 1973 p.4673; 24 May 1974 p.1612.]
Air Space to be Allowed in Work Rooms, Offices, etc.
34.Air space to be allowed in work rooms, offices, etc.
(a)The occupier of every premises shall provide for every person employed upon such premises and in each room of such premises sufficient space for each individual. “Sufficient space” shall mean at least fourteen cubic metres for each such person employed during the hours of daylight, and seventeen cubic metres for each such person employed between sunset and the next succeeding sunrise.
(b)In calculating the total cubic space, deduction shall be made in respect of the space occupied with furniture, fittings, and projections of the walls into the room.
(c)In calculating the available cubic space for each person, each room shall be considered separately, and sufficient air space shall be allowed in each room for the maximum number of persons employed in such room at any one time.
(d)The provisions of this by‑law shall not apply in the case of premises the cubic air space of which is provided for by Statute or by any other bylaw.
[By‑law 34 amended by Gazette 21 December 1973 p.4673.]
Ventilation of Houses
(1)Subject to sub‑bylaw (3) of this by‑law, a person shall not erect, occupy or permit to be occupied a house or part thereof unless each room and corridor of the house is provided with fixed open ventilation sufficient to give uncontrolled ventilation to each room and corridor at the minimum ratio of 0.016 square metre to each ten square metres of floor area of the room or corridor.
(2)The ventilators required under sub‑bylaw (1) of this by‑law shall be so installed as to provide outlet ventilation and may be provided in the form of ceiling ventilators where the roof space is itself adequately ventilated.
(3)(a)Where a habitable room of a dwelling house is provided with a window or windows which when opened, either singly or in the aggregate, provide an open space —
(i)that is of a minimum area of 0.5 square metre for each ten square metres of the floor area of the room;
(ii)the highest part of which is within 460 millimetres of the ceiling line; and
(iii)that provides direct uncontrolled ventilation to the external air.
it shall not be necessary to provide the ventilation in the room as required by sub‑bylaw (1) of this by‑law.
(b)In this sub‑bylaw —
habitable room means a room in which a person sleeps, eats or carries out his usual domestic or social activities, but does not include a room that is used as a laundry, bathroom, water closet compartment, serving and storage pantry, closet, boiler room, cellar or other room used infrequently or for short periods only.
[By‑law 35 inserted by Gazette 17 December 1968 pp.3869‑70; amended by Gazette 21 December 1973 p.4673; 22 March 1974 p.931 .]
Application of by‑law may be made Retrospective
35aA.Application of by-law may be made retrospective
The owner of any house erected prior to the coming into operation of these by‑laws shall, when so directed by the local authority ventilate such house in such manner as may be required.
[This by‑law was not numbered when published in Gazette 8 April 1927 p.970.]
Repairs to Dwelling‑houses
35A.Repairs to dwelling-houses
The owner or occupier of every dwelling‑house shall maintain such dwelling‑house and any laundries, bathrooms, privies or other structures used in connection therewith in sound condition and fit for use and in particular shall —
(a)maintain all roofs, guttering and downpipes in sound weatherproof condition;
(b)repair any foundations and walls, either external or internal, which are unsound by reason of fretting, cracking, dampness or other defect;
(c)replace any missing, broken, decayed or ant‑eaten timber in any verandah, roof, walls, steps, handrails, floors or their supports with material of sound merchantable quality;
(d)make good any defective brick, stone, mortar or cement work;
(e)repair or replace any flashings or ant stops which are missing or defective;
(f)maintain all ventilators in good order and repair;
(g)maintain all floors even in surface and free from cracks;
(h)maintain all ceilings, internal wall finishes, skirtings, architraves and other fixtures and fittings complete and with smooth unbroken surfaces;
(i)maintain all doors and windows in good working order and weatherproof condition;
(j)retain all natural lighting free from any obstruction which would reduce the natural lighting below the ratio of 0.1 square metre of lighting to each one square metre of floor area;
(k)maintain all pipes, fittings and fixtures connected with water supply, drainage or sewerage so that they comply in all respects with the provisions of the Metropolitan Water Supply, Sewerage and Drainage Act 1909, and all regulations and by‑laws made thereunder; and
(l)maintain all electric wiring and fittings in such state of repair and condition as shall comply in all respects with all of the requirements of the Australian Standard CCI, Part I SAA Wiring Rules.
[By‑law 35A inserted by Gazette 9 February 1955 pp.302‑3; amended by Gazette 7 September 1971 p.3280; 21 December 1973 p.4673.]
Expectoration
No person shall expectorate in any public place or in or upon any public vehicle excepting into vessels which are specially provided for the purpose of receiving expectoration.
Storage of Materials, etc
Any person using or storing materials in marine stores, flock, bedding, or furniture manufactories shall keep or store the materials so as not to be a nuisance, or injurious or dangerous to health, and shall whenever required so to do by an inspector disinfect the materials in such manner and at such place as is directed by an inspector.
[By‑law 37 inserted by Gazette 29 March 1985 p.1108.]
Maintenance of Footways and Pavements
38.Maintenance of footways and pavements
The occupier of any premises shall maintain the footways or pavements immediately adjacent to his premises in a clean condition.
Maintenance of Public Vehicles
39.Maintenance of public vehicles
The owner of any public vehicle shall maintain such vehicle at all times in a clean condition, and shall when required to do so by an inspector thoroughly cleanse and disinfect such vehicle in the manner prescribed by such inspector.
Water Tanks, Maintenance and Cleansing of
40.Water tanks, maintenance and cleansing of
(a)The occupier of any premises, the water supply of which is drawn or partly drawn from tanks, shall maintain the roof forming the catchment for such tanks, together with the spouting and down pipes appurtenant to such roof, in a clean condition, and shall at least once in each year, during the months of April or May, thoroughly clean any tank, the water from which is used for human consumption.
(b)He shall also, when ordered by an inspector, empty, cleanse, and disinfect any tank upon his premises, the water of which is used for human consumption.
(c)Every such tank shall be fitted with a tight‑fitting cover.
Wells, Construction and Maintenance of
41.Wells, construction and maintenance of
The occupier of any premises shall not use the water of any well for human consumption, unless such well complies with the following conditions: —
(a)It shall be at least thirty metres from any soak well, or any other probable source of pollution.
(b)It shall be lined with impervious material to a depth of 1.8 metres below the surface of the ground, and such lining shall be carried up to a height of at least 300 millimetres above the surface of the ground adjacent to such well.
(c)The well shall be covered with a tight‑fitting cover, and such cover shall have no other opening than is essential for the insertion of a pump.
(d)The surface of the ground immediately adjacent to such well shall be covered with impervious material for a distance of at least 610 millimetres around such well in all directions.
[By‑law 41 amended by Gazette 21 December 1973 p.4673.]
A person shall not deposit on or under any land any sewage or offensive matter or any other thing whatsoever which may pollute or render unfit for human consumption any well or other underground source of water, the water of which is used or intended for human consumption, and which is situated within thirty metres of the place where the sewage, offensive matter or other material is deposited.
[By‑law 41A inserted by Gazette 23 July 1954 p.1293; amended by Gazette 21 December 1973 p.4673.]
Mosquito Eradication and Reduction
The owner or occupier of any house or premises shall keep such house or premises free of stagnant water liable to breed mosquitoes. For the purpose of this by‑law the presence of mosquito larvae in any collection of water wherever situated shall be sufficient evidence that such water is stagnant.
All fountains, pools, ponds, or excavations made for any purpose whatever, in public or private property, which may contain water, shall be kept stocked with mosquito‑destroying fish, or shall be kept covered with a film of petroleum oil or other approved larvaecide. The onus of compliance with this by‑law shall rest upon the owner or occupier. In the case of public property, the onus of compliance shall be upon the authority having control of such property.
The owner or occupier of any house or premises shall keep his house or premises free of refuse likely to become the breeding place of mosquitoes.
The owner or occupier of any house or premises whereon there is any tank, well, cistern, vat or barrel shall protect the same with a mosquito‑proof cover, and all openings other than the delivery exit shall be screened with mosquito‑proof netting to the satisfaction of the inspector.
The owner or occupier of any house shall cause all eaves, gutters and downpipes to be maintained in good repair and free of obstruction, to prevent the accumulation of water therein and to permit of the ready passage of water from the roof.
47.Horse troughs, wash tubs, etc.
The occupier of any house or premises whereon water is kept in horse troughs, poultry drinking vessels, washing tubs and other receptacles shall frequently change such water and keep the vessels clean and free from vegetable matter and slime.
The occupier or owner when so required by the local authority shall cut down and remove any undergrowth or vegetation on his premises likely to harbour mosquitoes.
Any person cutting turfs or removing soil or other material from public or private lands shall forthwith fill in with clean sound material and make level the surrounding surface the excavation caused thereby, unless written permission to the contrary be obtained from the local authority.
The occupier of any vegetable garden shall cause all drains and channels therein to be kept clear and free from any obstruction likely to facilitate the breeding of mosquitoes.
The owner or occupier of any land upon which there is water likely to become a breeding place for mosquitoes shall, when required by the local authority, effectually drain such land, and for that purpose shall to the satisfaction of the local authority —
(i)make such drains on the land as may be necessary for effectually draining it;
(ii)fill up all irregularities in the surface of such land;
(iii)adjust the surface thereof, and if necessary raise the level of the surface in such a manner —
(a)that the water on the land may flow into the drains without obstruction;
(b)that no water shall remain on any portion of the land, other than in the drains.
All drains made under the provisions of the preceding by‑law shall be kept by the occupier or owner in good order and free from obstruction.
53.Power of local authority to inspect
It shall be lawful for the local authority or its officer to enter upon any house or premises and to execute any such works as are required by these by‑laws.
54.Local authority may carry out works
Where any person is required by these by‑laws or by an order issued under the provisions of these by‑laws to execute any works, and such person fails or neglects to comply with such by‑laws, or with such order issued thereunder, then the local authority may execute such work and may recover from such person the cost of executing such work, in addition to any penalty for which such person may be liable under these by‑laws.
Destruction of Argentine Ants
54A.Destruction of argentine ants
(1)The local authority may, at any time and from time to time, give notice, either verbally or in writing to any owner or occupier of premises within the district of the intention of the local authority to enter upon the premises, search for and destroy Argentine Ants thereon.
(2)Every owner or occupier shall, within three days of his receipt of such notice or within such extended time as may be specified in the notice —
(a)remove from ground level all accumulations of refuse, timber and other loose material which may, or which may reasonably be suspected to harbour, or cover Argentine Ants; and
(b)cut clear or otherwise remove all vegetation and other loose material from the boundary fences of the premises.
(3)The local authority may, at all reasonable times and for the purpose of destroying Argentine Ants, enter upon any premises within the district and —
(a)spray the whole or any part of the premises with suitable insecticide;
(b)do such acts and things as may be reasonably necessary to destroy or to facilitate the destruction of Argentine Ants on the premises.
(4)For at least 48 hours immediately following the spraying of the premises by the local authority, the owner or occupier shall not —
(a)heavily water any part of his premises;
(b)turn over the soil or other matter on the premises;
(c)do any act which would or would tend to render ineffective the spraying or other action taken to destroy Argentine Ants;
(d)permit or suffer any person to do any of the acts or things in this by‑law mentioned.
(5)Any person who commits a breach of any of the provisions of these by‑laws shall be guilty of an offence and on conviction be liable to a penalty in accordance with section 335 5 of the Health Act 1911, 2 and in addition be liable for all costs, charges and expenses incurred in destroying Argentine Ants upon his premises.
[By‑law 54A inserted by Gazette 23 December 1949 p.3317.]
Preventing the Harbourage of and Securing the Destruction of Rodents
No owner or occupier shall place, throw, leave or suffer to remain on his premises any waste food, refuse, garbage, waste matter or thing which would have a tendency to encourage or attract rats to visit or frequent premises, or to form or afford harbourage or shelter to rats.
56.Litter, straw, building materials etc. to be removed or stacked
Whenever upon any premises any litter, hay, straw, packing material, manure, building material, produce, timber, bags, tins, old iron, paper, packing cases, or similar material, is kept or stored in such a way as to afford or form shelter or harbourage for rats, it shall be removed or so stacked, stored, arranged or protected as to no longer afford or form shelter or harbourage for rats.
No waste food, garbage, edible trade waste, horsefeed or cowfeed, food intended for birds or other animals, or similar material, shall be kept or allowed to remain on any premises unless it is contained in rat‑proof receptacles or compartments which are kept effectively covered or closed against access by rats.
58.Openings into drains, sewers, etc.
Every opening from or into any covered drain or sewer within the curtilage of any premises, and every opening from or into any pipe, covered conduit, or covered channel (whether or not used for drainage) which affords or is likely to afford access, shelter, or harbourage for rats, shall be so trapped or otherwise protected as to prevent effectively the ingress or egress of rats.
59.Disused drains, sewers, etc.
Every disused covered drain, disused covered sewer, disused pipe, disused covered conduit, or disused covered channel within the curtilage of any premises which affords or is likely to afford access, harbourage or shelter for rats shall, upon notice to that effect being given by the inspector to the owner or occupier of the premises, be taken up, repaired, blocked, or otherwise so dealt with in the manner specified in such notice, as to effectively prevent the access, harbourage, or shelter of rats therein.
60.Replacement of internal fittings
Whenever in any building the floors, skirting, wainscots, walls, partitions, ceilings, or like internal fittings, or any of these, are so constructed or are in such a condition as to permit the access, shelter, or harbourage of rats in, under, or about such building, the said floors, skirtings, wainscots, walls, partitions, ceilings, or like internal fittings shall be so removed, refitted, reconstructed, altered or repaired as to prevent, as far as practicable, the access, shelter, or harbouring of rats in, under, or about such buildings.
61.Retaining walls, improvements, etc.
Every retaining wall, embankment, structure, improvement, or work of any kind or any formation, whether natural or artificial, within the curtilage of any premises which affords or provides or is likely to afford or provide the means of access, harbourage, or shelter for rats shall, in accordance with an inspector’s order, be removed or so reconstructed or repaired or altered as to prevent the access, harbourage, or shelter of rats.
62.Shops, restaurants etc. to comply with inspectors orders
Every hotel, restaurant, butcher’s shop, small goods shop, baker’s shop, grocer’s shop, fruit shop, fish shop, oyster saloon, produce store, hide store, flour mill, stable, and slaughterhouse shall be so protected, altered, or refitted in accordance with an inspector’s order as to effectively prevent rats from gaining access to or harbouring in, under, or about the building or buildings thereof. All holes or openings in the external walls of such buildings which are of such a nature as to permit the entry of rats shall be blocked with cement or protected with stout wire netting or metal in such manner as to effectively prevent the entry of rats.
All supplies or collections of water to which rats may have access in or on such premises shall be so protected as to effectively prevent such access.
63.Conditions applying to shops, restaurants, etc.
In relation to every hotel, restaurant, butcher’s shop, small goods shop, baker’s shop, grocer’s shop, fruit shop, fish shop, oyster saloon, produce store, hide store, flour mill, stable and slaughter‑house, the occupier of the premises shall at all times, in addition to the other requirements of these by‑laws, observe, perform and comply with the following provisions, namely: —
(a)He shall provide and have within the premises at least two rat traps of a kind or pattern approved by the local authority and as many more of such traps as may be directed from time to time by an inspector.
(b)He shall bait every trap with fresh bait at least twice in each week, and, except when baiting or removing rats therefrom, shall at all times keep every such trap set effectively for trapping rats.
(c)He shall inspect every such trap daily, and whenever a rat is found therein, shall kill the same immediately, forthwith dispose of the carcase in such manner as will not create a nuisance, and thereafter rebait with fresh bait and reset the trap.
(d)He shall also adopt and use and maintain all such other reasonable means, including the following —
(i)blocking access ways;
(ii)destroying harbourage;
(iii)protecting foodstuffs;
(iv)poisoning and trapping; and
(v)the use of dogs, cats and other animals which kill rats;
in order to keep the said premises free from rats and to prevent and discourage the access to or harbourage of rats in, on or about such premises.
[By‑law 63 inserted by Gazette 10 December 1943 p.1138.]
64.Conditions applying to residential premises
In relation to private dwelling‑houses, boardinghouses, lodging‑houses and other premises used by persons as places of abode (other than hotels) the occupier of the premises in the case of a private dwelling‑house, and the proprietor of the premises in the case of a boarding‑house, or lodging‑house, or other place of abode shall at all times observe, perform and comply with the following provisions, namely: —
(a)He shall provide and have within the premises at least one rat trap of a kind or pattern approved by the local authority.
(b)Whenever there are any indications of the presence of rats in, on, or about the premises and whilst such indications continue he shall bait every trap with fresh bait at least twice in each week, and except when rebaiting or removing rats therefrom, shall at all time keep every such trap set effectively for trapping rats.
(c)Whilst traps are set in accordance with the requirements of paragraph (b) hereof, he shall inspect every trap daily, and, whenever a rat is found therein, shall kill the same immediately, forthwith dispose of the carcase in such manner as will not create a nuisance, and thereafter rebait with fresh bait and reset the trap.
(d)He shall also adopt and use and maintain such other reasonable means for the capture and destruction or for the destruction of rats as an inspector, who inspects the premises, may from time to time direct.
[By‑law 64 inserted by Gazette 10 December 1943 p.1138.]
All public and private docks and wharves, including all sheds and other buildings thereon, shall be so protected as to prevent rats from gaining entrance to such docks or wharves or sheds or buildings, at any state of the tide, from vessels moored or anchored alongside of such docks or wharves or from other sources, and all goods, products, wares and merchandise liable to attract or to become infested with or infected by rats on any dock or wharf shall be so kept or stored as to prevent rats from gaining access to or coming into contact therewith.
66.Rat traps on docks and wharves
Every dock or wharf shall be provided with not less than two traps of a pattern approved by the local authority and as many more as may from time to time be required by an inspector. Every such trap shall be baited with fresh and suitable bait at least twice a week and shall be kept set. Every such trap shall be inspected at least once daily by the owner or occupier or his agent or servant, and all rats found therein shall be killed and their carcases shall be forthwith disposed of in such manner as an inspector may from time to time require and the trap or traps reset and rebaited by the said owner or occupier or his agent or servant.
66A.Directions of inspectors to be complied with
The occupier of any building or premises (other than those buildings or premises which are expressly specified in by‑laws 63, 64 and 66 hereof), in addition to complying with the requirements by the by‑laws (other than by‑laws 63, 64 and 66 aforesaid) for preventing the harbourage of rodents contained in this part of these by‑laws, shall at all times observe, perform and comply with such directions as may from time to time be given to him by an inspector for the purposes of the capture and destruction or for the destruction of rats which may be present in on or about such building or premises.
[By‑law 66A inserted by Gazette 10 December 1943 p.1138.]
The presence of rat holes, rat runs, fresh rat dung or other evidence of rat infestation upon any premises, dock, wharf, land, or place shall be taken as evidence that these regulations have not been complied with, and shall be held to constitute a breach of these regulations.
It shall be the duty of every owner and occupier to comply with the foregoing by‑laws at his own expense and to continue such compliance during the continuance of such by‑laws.
Penalties for Breaches of By‑laws
69.Penalties for Breaches of By-laws
Where anything by this part of the by‑law is directed to be done or forbidden to be done, or where authority is given to any officer to direct anything to be done or to forbid anything to be done, and such act so directed to be done remains undone or such act forbidden to be done is done, in every such case the person making default as to such direction and prohibition respectively shall be deemed guilty of a breach of this part of the said by‑laws. And every person guilty of a breach of this part of the said by‑laws shall be liable for every such offence, besides any cost or expenses which may be incurred in the taking of proceedings against such person guilty of such offence, to a penalty not exceeding twenty pounds for every breach of any such by‑law, or to a penalty not exceeding two pounds for each day during which such breach shall be committed or continued, and in addition to such penalty shall be liable to pay to the local authority any expense incurred by such authority in consequence of any breach or non‑observance of any by‑law, or in the execution of any work directed to be executed and not so executed.
_______________
Schedule “A” — Plan of E.C.
[Schedule A to Part I amended by Gazette 2 November 1951 p.3024.]
Inspection of Premises
An inspector shall visit all premises in the district at least once in each period of six months, and so much more frequently as may be necessary, and immediately after every such inspection shall submit a report to the local authority on the condition of such premises, specifying any breach of the provisions of the Act, or the regulations or by‑laws made thereunder.
Cleansing and Disinfection of Premises
2.Cleansing and disinfection of premises
The occupier of any premises shall cleanse and disinfect such premises or any part thereof at such times and in such manner as the inspector may direct.
Contacts Liable to Restrictions
3.Contacts liable to restrictions
After it has been found that a person in any house is suffering from an infectious disease, any inmate of such house, or any person who enters or quits such house, shall be deemed to be a contact, and shall be liable to restrictions, and obey such instructions as the local authority or its medical officer may direct or issue, and may be removed to an isolated place provided for that purpose; and if so removed shall remain in such place for such period as the medical officer may direct.
Premises may be declared “Isolated”
4.Premises may be declared “isolated”
For the prevention of the spread of infectious diseases, the local authority may from time to time declare any house or premises to be infected, and no person shall quit or enter any house or premises which has been declared by the local authority to be infected, without the written consent of such authority.
Disinfection of Personal Effects
5.Disinfection of personal effects
When required by the medical officer, any person shall attend at such place as the said officer shall indicate for the purpose of the disinfection of his body, clothing, and effects in such manner as may be directed by the medical officer.
Occupier to Permit Disinfection
6.Occupier to permit disinfection
The occupier of any premises whereon any case of infectious disease has occurred shall, when required by the inspector, permit such inspector to disinfect the premises or any part thereof and any articles therein.
Premises upon which Infectious Disease Reported, to be Inspected
7.Premises upon which infectious disease reported, to be inspected
Upon receipt of a notification of a case of infectious disease an inspector shall visit the premises whereon the case has occurred, and shall make inquiries as to the mode of contraction of infection, the means taken for preventing the spread of infection, and any other circumstances in connection with the occurrence of the case, and shall immediately after the removal of the patient, or if treated upon the premises, immediately after such patient is declared to be convalescent, disinfect such premises or such portion thereof, and also such articles therein as he deems necessary or as the medical officer may direct.
Insanitary Buildings to be Destroyed
8.Insanitary buildings to be destroyed
The owner of any premises shall, when required by the local authority, destroy any insanitary house, building, or thing, or shall execute such amendments to such house, building, or thing as may be required by the local authority.
Infected Animals to be Destroyed
9.Infected animals to be destroyed
The occupier of any premises shall, on being so ordered by a local authority, immediately destroy any infected animal which may be in his possession or upon premises occupied by him.
Disposal of Body of Person Dead of an Infectious Disease
10.Disposal of body of person dead of an infectious disease
The occupier of any premises whereon there lies the body of any person who has died of an infectious disease shall cause such body to be buried or disposed of in such method within such time and with such precautions as may be directed by the medical officer, provided that no such body shall be removed from the premises where death occurred except to a cemetery.
Medical Officer may Examine Persons
11.Medical Officer may examine persons
The medical officer may enter any house and examine bacteriologically or otherwise any inmate of such house, or any person found thereon at the time of such visit, for the purpose of ascertaining whether such inmate or person is suffering from an infectious disease or is a medium for the transmission of an infectious disease, and such person shall submit to such examination and shall permit the medical officer to remove such specimens as he considers necessary to a proper examination.
Certificates in Case of Diphtheria
12.Certificates of case of diphtheria
When under section 241 6 of the Act a medical certificate is given as applying to a case of diphtheria, the certificate must specify that a bacteriological examination has been made with a negative result.
Certificate on Return of Children to School
13.Certificate on return of children to school
No parent shall send to school any child who has been suffering from an infectious disease or who has been in contact with any person who has been so suffering unless a certificate has been obtained from a medical practitioner and is presented to the head teacher of the school to which the child is sent, certifying that such child is free from infection. Any such certificate shall be approved and endorsed by the medical officer.
Special Pan Service
(a)Whenever required by an inspector a special pan service shall be maintained by the local authority or the contractor, as the case may be, at any premises. Such service shall consist of a duplicate pan of the type described in by‑law 6, Part I, and the exterior of such special pan shall be painted yellow or red; such pan shall be treated at the sanitary site separately from the other pans, and its contents before burial shall be thoroughly mixed with an equal quantity of a disinfecting solution equal in strength to five per cent. pure carbolic acid.
(b)When any pan is left at premises as abovementioned it shall contain sufficient disinfecting solution of the above strength to cover the bottom of such pan to a depth of at least twenty‑five millimetres.
[By‑law 14 amended by Gazette 21 December 1973 p.4673.]
Special Disinfection in Typhoid Cases
15.Special disinfection in Typhoid Cases
The occupier of every premises whereon a case of typhoid fever exists shall disinfect or cause to be disinfected all discharges of the patient before such discharges are placed in the pan provided in accordance with the preceding by‑law.
Library Books
(a)The person in charge of any library shall not lend a book to any person at a house wherein there is any case of infectious disease.
(b)Any person residing at a house where a case of infectious disease occurs and who has in his possession any book obtained from any lending library shall, before returning such book to any library, disinfect the said book.
Penalties for Breaches of By‑laws
17.Penalties for breach of by-laws
Where anything by this part of the by‑law is directed to be done or forbidden to be done, or where authority is given to any officer to direct anything to be done or to forbid anything to be done, and such act so directed to be done remains undone or such act forbidden to be done is done, in every such case the person making default as to such direction and prohibition respectively shall be deemed guilty of a breach of this part of the said by‑laws. And every person guilty of a breach of this part of the said by‑laws shall be liable, for every such offence, besides any costs or expenses which may be incurred in the taking of proceedings against such person guilty of such offence, to a penalty not exceeding twenty pounds for every breach of any such by‑law, or to a penalty not exceeding two pounds for each day during which such breach shall be committed or continued, and in addition to such penalty shall be liable to pay to the local authority any expense incurred by such authority in consequence of any breach or non‑observance of any by‑law, or in the execution of any work directed to be executed and not so executed.
Part III — Private hospitals 7
1.Classes of private hospitals
For the purpose of these by‑laws “Private hospitals” shall be divided into the following classes: —
“A.”Hospitals which admit for treatment all medical, surgical and obstetrical cases other than those specified in Class “B”: Provided that, where obstetrical cases are taken, these shall be nursed in a portion of the building specially set apart for such cases and otherwise complying with the regulations governing maternity homes.
“B.”Hospitals in which the following cases are treated: —
Scarlet fever, diphtheria, measles, mumps, whooping cough, typhus fever, epidemic poliomyelitis, smallpox, plague, and cholera.
“C.”Hospitals in which convalescent patients and patients requiring medical supervision, but not requiring constant nursing attention, are admitted.
[By‑law 1 inserted by Gazette 22 April 1938 p.570.]
2.Hospital may be class A and class B
A keeper of a private hospital may be granted registration of a hospital under Class “A” and also under Class “B” provided always that that portion of the premises set apart for the treatment of cases under Class “B” shall comply with all the by‑laws relating to that class of hospital, and that a separate staff is maintained. A distance of not less than nine metres shall separate the buildings used for the treatment of cases specified in Class “A” and Class “B” respectively.
[By‑law 2 amended by Gazette 21 December 1973 p.4674.]
3.Application for registration of existing hospitals
Every person who occupies or conducts any private hospital shall, within one week of the coming into operation of these by‑laws, and thereafter during the first week in January in each year, make application for registration in the form set out in Schedule “A” hereto.
The applicant shall cause notice of such application to be published in a newspaper, and the local authority shall not give consideration to any such application until one month has elapsed after the publication of such notice.
5.Application for registration of new hospitals
(a)Every person who, after the coming into operation of these by‑laws, intends to open, occupy, or conduct any private hospital, shall, before opening, occupying or conducting any such private hospital, make application for registration thereof in the manner prescribed in by‑law No. 3 hereof.
6.Requirements for registration
No application for registration shall be granted unless the premises in respect of which registration is sought comply with the following conditions: —
(a)Hospitals in Classes “A” and “C” shall be so situated that the building used as the hospital shall on all sides have between it and the boundary of the land used for the purposes of a hospital a clear space of not less than 4.5 metres.
Hospitals in Class “B” shall be so situated that the building used as the hospital shall on all sides have between it and the boundary of the land used for the purposes of a hospital a clear space of not less than nine metres.
(b)Every room to be occupied by one or more patients shall have at least twenty‑eight cubic metres of air space and 9.3 square metres of floor space and 2.4 metres of lineal wall space for each patient, and if the floor be of wood, the bottom edges of the ground floor joists of every such room shall be at least 230 millimetres above the ground, and the space under every such floor sufficiently ventilated.
(c)Every such room shall be separately and independently and efficiently ventilated to the external air.
(d)Every such room shall be provided with windows in the external walls having a ratio of 0.1 square metre of clear glass to one square metre of floor area.
(e)Every such room is constructed so as to be readily isolated.
(f)Every wall of such room shall be properly protected immediately above the foundations by a durable damp course.
(g)The inner surfaces of every wall and every ceiling shall be so constructed that they can without sustaining injury be frequently washed or disinfected.
(h)The angles which are formed by one wall with any other wall and by any wall with the ceiling shall be rounded.
(i)The external walls shall be weatherproofed, the roof watertight, and properly provided with gutters and downpipes.
(j)The drainage of the premises shall be sufficient and satisfactory and in accordance with the by‑laws of the local authority.
(k)The water supply shall be abundant and wholesome.
(l)Ablutionary appliances shall be provided of such number and so arranged as the medical officer may prescribe.
(m)A laundry with all necessary appliances sufficient to cleanse and disinfect all bedding, body clothing, linen, napery, and other similar articles shall be provided.
(n)At least three‑fifths of the area of the site shall be unbuilt upon and open to the sky.
[By-law 6 amended by Gazette 22 April 1938 p.570; 21 December 1973 p.4674.]
7.Investigation of application
Upon the receipt by the local authority of an application for the registration of any premises as a private hospital, it shall direct inquiries to be made respecting the application and the applicant and if, after such inquiry, and upon the receipt from the medical officer of a certificate in the form of Schedule “B” hereto it appears to the local authority that all the conditions and reservations of the preceding by‑laws are satisfied, it may grant the application for registration and issue to the applicant a certificate of registration; subject, however, to any conditions it may think fit to impose with respect to the maximum number of patients that shall be lodged in such hospital at any one time, the number of certificated nurses to be employed in such hospital, the class or classes of disease or cases to be admitted, and the period for which such registration is granted.
The certificate of registration granted in the name of the applicant as aforesaid shall be in the form set out in Schedule “C” hereto, and shall not be transferable except with the consent in writing of the local authority.
Every such registration shall operate only during the current calendar year, and after the 31st day of December, of that year the premises shall, unless re‑registered, become unregistered.
9.Revocation or cancellation of registration
The local authority may revoke or cancel any registration of a private hospital if the person conducting such hospital or anyone in the employ of such person shall commit any breach or infringement of or shall neglect or fail to observe any of the by‑laws; or such registration may be suspended, revoked, or cancelled by the local authority upon the recommendation of its medical officer.
The inspector shall at least once in each period of three months inspect every such private hospital and report to the local authority.
11.Standards for conduct of private hospital
Every person conducting or keeping a private hospital shall —
(a)At all times give access to every part of such premises to the medical officer, inspector, or any person appointed by the local authority in that behalf, and afford any such officer all reasonable assistance that may for the purpose of inspection be required of him, and shall permit any such medical officer to see and examine any patient in consultation with the medical attendant.
(b)Flush and disinfect all drains upon the premises at least once in every day and cause all such drains to be maintained in good order and efficient action.
(c)Provide and at all times keep upon such premises, in efficient order, all materials and appliances necessary for the use of the inmates and staff, or that may be directed by the medical officer to be furnished.
(d)At all times exercise a close personal supervision of the premises and the persons employed therein or thereon, and cause all orders or directions of the medical practitioner in charge of the treatment of any patient to be faithfully and diligently carried out.
(e)The keeper of every such private hospital shall not be absent from the premises for more than one week at any time without the written consent of the medical officer.
(f)Forthwith carry out all orders or directions that may be given from time to time by the inspector relating to the sanitary arrangements, the collection or disposal of excrementitious matters, refuse, and liquid or other wastes.
(g)At all times keep all household linen, beds, bedding, furniture, cutlery, crockery, cooking and other utensils, and all other things used in the conduct or management of such hospital thoroughly clean and disinfected and when required by the medical officer shall disinfect any or all of the said things.
(h)Not permit persons of different sexes to occupy the same room, except married couples or children under the age of 10 years.
(i)Not permit more than one married couple to occupy the same room.
(j)Cause all refuse or condemned linen or clothing to be burnt on the premises in such a manner as may be directed by an inspector.
(k)Provide separate approved airtight receptacles into which all used surgical dressings, human tissues or fluids other than those already provided for in these by‑laws shall be placed, and all such special refuse shall be burnt.
(a)The keeper of a hospital of Class “A” shall not permit any maternity or surgical cases to be treated in the same ward as any other class of case, but any maternity case or cases and any surgical case or cases respectively shall be treated in a separate ward and by a separate staff.
(b)Should any of the diseases specified to be treated in a Class “B” hospital arise in a Class “A” hospital, then the keeper of such hospital shall cause such case to be immediately removed from the hospital; or if the condition of the patient is such that this cannot be done, then no maternity case shall be admitted and treated in the building in which the infectious case is being treated.
(c)Should any case of puerperal fever be admitted to a Class “B” hospital when any other case is under treatment in such hospital, then such case of puerperal fever shall be treated in a separate ward and by a separate staff.
Every person conducting or keeping a private hospital shall enter in a book, hereinafter called the case book, particulars concerning all patients received into such hospital, and shall at all times permit the medical officer or inspector of the local authority to inspect such case book.
14.Patient details to be recorded
Every such person shall cause to be recorded in such case book the full name, age, sex, and address of every patient, state whether such patient is married or single; also a short history of the patient while in such hospital, giving in particular the date of admission, the nature of any disease manifest at the time of admission or afterwards, any operation performed, with the name of the operator or operators, and the result of such operation, and the date when the patient left the hospital or, in the event of death occurring, the date of such death.
Every such person shall cause to be recorded in such case book, in case of confinement, the date and a short history of such confinement, the result of such confinement, both at the time of delivery and during the subsequent stay in hospital, and the sex and condition of the infant.
16.Staff details to be recorded
Every such person shall cause to be recorded in such case book, in all cases in which a patient has been under the professional care of a medical practitioner, or under the charge of a nurse, the name and address of the medical practitioner or of the nurse.
(a)Every such person shall, whenever any infectious or contagious disease occurs in such hospital, immediately report the fact to the local authority.
(b)He shall cause any patient in such hospital discovered or suspected to be suffering from any infectious or contagious disease to be separated or isolated from all other patients in such hospital.
(c)He shall carry out the requirements of the medical officer and execute all such cleansing and disinfecting as may be directed by him.
(d)No such person shall suffer or permit a greater number of patients to be in any hospital than the number mentioned in his certificate of registration.
Every person conducting a Class “A” or Class “B” private hospital shall at all times maintain the nursing staff at not less than the following standard, that is to say: —
(a)Not less than one general trained nurse to every three patients or portion thereof.
(b)Not more than one probationer or nursing assistant to each general trained nurse.
(c)Provided that at all times there shall be on duty at least one trained nurse.
Provided that in Class “A” hospitals in the midwifery section there shall be a minimum staff as laid down for such institution, that is, one trained midwife to every four patients or portion thereof.
In class “C” hospitals there shall be not less than one trained nurse on the staff.
[By-law 18 inserted by Gazette 15 October 1937 p.1685; amended by Gazette 22 April 1938 p.570.]
Penalties for Breaches of By‑laws
19.Penalties for breaches of by-laws
Where anything by this part of the by‑laws is directed to be done or forbidden to be done, or where authority is given to any officer to direct anything to be done or to forbid anything to be done, and such act so directed to be done remains undone or such act forbidden to be done is done, in every such case the person making default as to such direction and prohibition respectively shall be deemed guilty of a breach of this part of the said by‑laws. And every person guilty of a breach of this part of the said by‑laws shall be liable, for every such offence, besides any costs or expenses which may be incurred in the taking of proceedings against such person guilty of such offence, to a penalty not exceeding Twenty pounds for every breach of any such by‑law, or to a penalty not exceeding Two pounds for each day during which such breach shall be committed or continued, and in addition to such penalty shall be liable to pay to the local authority any expense incurred by such authority in consequence of any breach or non‑observance of any by‑law, or in the execution of any work directed to be executed and not so executed.
Schedule “A.”
To the Secretary Local Health Authority,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I hereby apply for registration of the following premises as a private hospital under the by‑laws of the local authority: —
Exact situation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Dimensions of ground. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Materials of building. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Number of rooms for patients. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Measurements of each room. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Number of other rooms. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Number of storeys. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Method of drainage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Source of water supply. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Classes of cases to be admitted. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Full names of applicant. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Occupation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Address. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Date . . . . . . . . . . . . . . . . . . . . . . . . Signature . . . . . . . . . . . . . . . . . . . . .
Schedule “B.”
Application to License Premises as a Private Hospital
CERTIFICATE OF MEDICAL OFFICER OF HEALTH
I . . . . . . . . . . . . . . . , Medical Officer of Health to the Local Health Authority, do hereby certify that I have inspected the premises situated on Town Lot . . . . . . . . . . . . . . . and known as . . . . . . . . . . . . . . . . . . . . . .
I further certify that such premises are in every way fit to be registered as a private hospital, and that due and proper provision has been made for the observance of the bylaws of the local authority.
Dated this . . . . . . . . . . . . . . . . . . day of . . . . . . . . . . . . . . . . . ., 19.
. . . . . . . . . . . . . . . . . . . . . . . . . . . .
Medical Officer of Health
Schedule “C.”
This is to certify . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . has been granted registration in respect of those premises situated at . . . . . . . . . . . . . . . . . . . . . as a private hospital for the treatment of a maximum number of patients of . . . . . . . . . . . . . . . until the 31st day of December next ensuing, subject to the by‑laws of the local authority now in force or hereafter to be made.
By order of the . . . . . . . . . . . . . . . Local Authority,
. . . . . . . . . . . . . . . . . . . . . . . . . . . .
Secretary.
Part IV — Dairies and milk shops
Interpretation
Dairyman means any person being the owner or having the care or control of any cow or goat from which the milk (or the cream, butter, or cheese therefrom) is sold or otherwise disposed of to any other person.
Vendor means any person, other than a dairyman, who handles, sells, stores, or otherwise disposes of any milk (or the cream, butter, or cheese made therefrom on the premises), and includes any person keeping a milk shop or milk store.
Stockyard means any yard in which dairy cattle are kept, and, includes all parts of the premises of a cow‑keeper within thirty metres of any milk room or milking shed, whether fenced or not, to which cattle or other stock have access.
Dairy Cattle shall include cows and goats, whether actually in milk or not, and any bull or he‑goat running with any herd of cows or goats.
[By-law 1 amended by Gazette 21 December 1973 p.4674.]
(a)Every person who, at the coming into operation of these by‑laws, is carrying on the business of a dairyman or vendor, and whose premises are not registered with the local authority, shall within one month make application to the local authority for license to carry on such trade, and for registration of the premises whereon such trade is carried on.
(b)Every person who, after the coming into operation of these by‑laws, desires to commence the trade of a dairyman or vendor shall, prior to commencing such trade, make application to the local authority for a license to carry on such trade, and for the registration of the premises whereon such trade is carried on.
(c)Every such application shall be made to the local authority in the form of Schedule “A,” and upon the granting of any such application, a license and registration shall be issued in the form of Schedule “B” hereto.
3.Licence to trade as dairyman or vendor
(a)During the first week in January of each year every person carrying on the trade of a dairyman or vendor shall apply for a license to carry on such trade and for registration of the premises whereon such trade is conducted, in the form of Schedule “A.”
(b)Upon the granting of any such application a license and registration in the form of Schedule “B” shall be furnished by the local authority.
Every license and registration effected under this and the preceding by‑law shall operate only during the current calendar year.
4.Trading by unlicensed person or at unregistered premises prohibited
No person shall carry on the trade of a dairyman or vendor —
(a)unless he is the holder of a subsisting license to carry on such trade issued by the local authority; or
(b)on any premises in respect of which he is for the time not registered by the local authority as hereinbefore provided.
Provided that the foregoing provisions of this by‑law shall not apply during the first week in January in any year in respect of a person who was lawfully carrying on the trade at the end of the preceding year.
Every person making application as provided in by‑laws 2 and 3 shall lodge a fee in accordance with the scale set out in Schedule “C” hereto, and upon the refusal of any such application shall be entitled to the return of such fee.
Provided that if the license and registration for any year shall commence on or after the first day of July of that year, only one half of the fee shall be paid by the applicant.
(a)Every dairyman or occupier of grazing ground upon which dairy cattle are depastured, and every person for the time being having the control or care of any such premises, shall afford the medical officer or any inspector all reasonable assistance that may, for the purpose of inspecting such premises, be required of him.
(b)He shall upon being directed in writing so to do by any medical officer, forthwith remove his dairy cattle from any portion of the grazing ground upon which they may be depasturing, or from any part of any premises occupied by him, if such grazing land or premises is likely to prejudiciously affect the milk or dairy cattle.
(c)He shall not, until permission in writing is given him by such medical officer, permit or suffer any of his dairy cattle to graze or be depastured upon such prohibited land, or reoccupy such prohibited premises.
(d)He shall, whenever required so to do and within a time to be specified by an inspector, muster all his dairy cattle and confine them in a stockyard to be named, or bail them in the milking shed, as may be directed by any such inspector as aforesaid, and he shall also otherwise assist, as may be required, in any inspection, examination, or test of the said cattle when so mustered or bailed.
(a)Every dairyman shall cause every stockyard and stable upon his premises or used by him to be properly drained.
(b)He shall provide sufficient stabling accommodation for the horses kept on the premises, and such stabling shall be disconnected from and be at least fifteen metres distant from the milking shed, or the milk room, or any place where milk is stored.
(c)He shall not suffer or permit any animal other than dairy cattle to be at any time in his milking shed or in any place where milk is kept.
(d)He shall not suffer or permit any dung or manure, offensive liquid, or offensive or noxious matter of any kind to accumulate or remain upon his premises.
[By-law 7 amended by Gazette 21 December 1973 p.4674.]
(a)No person shall erect or permit or suffer to be erected any fowlhouse or enclosure for fowls within fifteen metres of any milking shed, milk room, or place where milk is stored or kept.
(b)No dairyman or vendor shall permit any live poultry to be at large upon any part of the premises used in connection with his business, and shall, when so ordered by an inspector, confine such live poultry within approved enclosures.
[By-law 8 amended by Gazette 21 December 1973 p.4674.]
(a)No person shall erect or permit or suffer to be erected any piggery or enclosure for swine within sixty metres of any milking shed, milk room, or place where milk is stored or kept.
[By-law 9 amended by Gazette 21 December 1973 p.4674.]
Every dairyman or vendor shall provide and maintain sanitary conveniences as provided by by‑law 1 of Part I. He shall not have any sanitary convenience within fifteen metres of a milking shed, or milk room, or any place where milk is stored or kept.
[By-law 10 amended by Gazette 21 December 1973 p.4674.]
Feeding of Animals
(a)No dairyman shall serve or permit or suffer to be served to his cows or goats as food any musty, unsound, decayed, or unwholesome food, or any food which may injuriously affect the milk or health of such cows or goats, and if at any time an inspector has reasonable grounds for considering that any cattle food in or upon the premises is unsound, or unfit for use as food, he may require the dairyman to remove such food, and such dairyman shall thereupon remove such food from the premises.
(b)He shall not permit or suffer any dry or dusty food to be fed to any animal in the milking shed while milking is in progress.
No person shall erect, or cause to be erected, or suffer to remain, any calf feeding bails within a distance of fifteen metres from a dairy, a milk room, or a milking shed, unless —
(a)the floor of the calf feeding bails is, at least seventy‑five millimetres above the level of the surrounding ground; constructed of concrete or cement, and graded with a suitable fall away from the bail head to an open concrete drain which may be connected to the drain from the milking shed;
(b)the effluent from the drain does not flow through the milking shed;
(c)a sufficient supply of water is available to allow for the efficient cleaning of the calf feeding bails after each feeding;
(d)all feeding receptacles are removable and are thoroughly cleaned after each feeding;
(e)the calf feeding bails are used for feeding purposes only and no animals remain in the calf feeding bails after each feeding period.
[By-law 11A inserted by Gazette 10 March 1959 p.598; amended by Gazette 21 December 1973 p.4674.]
Water Supply
(a)Every dairyman shall keep in or in connection with every milking shed or stockyard in his occupation an abundant supply of wholesome water.
(b)He shall cause every such milking shed or stockyard to be provided with approved receptacles of sufficient capacity for watering his dairy cattle, and every such receptacle shall be maintained in good repair and kept clean, and constantly supplied with wholesome water.
(c)He shall cause any tank or other receptacle which may be provided for storing water to be emptied and cleansed from time to time, as often as may be necessary, to prevent the contamination of any water that may be stored therein.
(d)If the water used by him for dairy purposes is obtained from a well, spring, stream, or any other natural source, he shall prevent any such source of supply being contaminated on his premises.
(e)He shall not suffer nor permit any of his dairy cattle to have access to impure or contaminated water.
Milking Shed
(a)Every dairyman shall provide a proper milking shed in which his cows shall be milked, and such milking shed shall be roofed of approved material, so that the roof is weatherproof, and the lowest part of such roof shall be not less than two metres in the clear above the floor, and such shed shall be efficiently ventilated to the satisfaction of the medical officer or inspector.
(b)He shall cause the floor of such milking shed to be constructed of good, durable, non‑absorbent materials laid upon a sound, solid foundation, so as to be permanently watertight and evenly graded with proper slopes, which shall be in the direction opposite to the feeding trough, to impervious open drains or channels laid the whole length of the shed or structure, and of such width as to permit of being readily cleansed with a broom; and no part of the surface of such floor shall be less than seventy‑five millimetres above the adjoining ground.
(c)He shall cause such open drains or channels to discharge to a trapped gully, situated outside the milking shed, or to a covered impervious receptacle of sufficient capacity to contain at least one day’s flow of drainage, which receptacle shall not be less than six metres distant from such milking shed and from any milk room.
(d)He shall cause every wholly enclosed milking shed in his occupation to be sufficiently lighted by suitable openings in its walls or roof.
(e)He shall not permit any feed‑mixing bin to be within such milking shed.
(f)He shall not erect or cause to be erected any calf pens or calfs sheds within a distance of 15 metres from a dairy or a milking shed.
[By-law 13 amended by Gazettes 10 March 1959 p.598; 21 December 1973 p.4674.]
Milk Room
Every dairyman and every vendor shall provide on his premises a detached room, which shall comply with the following conditions: —
(a)It shall be at least three metres from any milking shed and have a clear open space of three metres on all sides, except at dairies where milking machines are in use.
At dairies where milking machines are in use the milk room may be permitted under the same roof as the milking shed providing the walls of the milk room are constructed of brick, stone, or concrete. The internal surfaces of the walls and ceiling, or, if there is no ceiling, then the underside of the roof shall be covered with hard, smooth, and impervious material in such manner as to completely isolate the milk room from any dust or odours from the milking shed.
The entrance to the milk room shall not be from the milking shed but shall be in the outer wall.
An educt vent shaft shall be carried up vertically from the ceiling, or, if there is no ceiling, from the covering of the underside of the roof to a point 610 millimetres above the highest level of the roof of the milking shed. Such educt vent shall be constructed of not less than 0.55 millimetre thickness galvanised iron and be not less than 230 millimetres in diameter, hooded at the bottom, and fitted with a cowl at the top.
(b)It shall be at least 1.8 metres square in area, and 2.4 metres in height measured from the top of the finished floor to the lowest part of the roof or ceiling.
(c)The floor shall be paved with impervious material laid so that the lowest part of its surface is at least 150 millimetres above the adjacent ground. It shall have a fall of not less than 1 in 120 to an impervious channel, discharging over a trapped gully outside the building and properly connected to a drain, or to an impervious receptacle of ample dimensions situate at least 3 metres from the room and from the milking shed. The surface of such floor shall be finished smoothly and evenly, so as to afford no lodgment for liquids.
(d)The room shall be sufficiently ventilated and lighted.
(e)All exterior openings shall be fitted with fine fly‑proof screens, constructed of suitable material, and the door shall be hung so at to be self‑closing.
(f)The walls and roof shall be constructed of approved materials, and the external surfaces of the walls, if such walls are not constructed of stone, brick, or concrete, and the external surface, of the roof, if of metal shall be properly painted with an approved refrigerating paint, and shall be repainted with a similar material whenever necessary or whenever ordered by an inspector.
(g)The internal wall surfaces, the ceiling, or, if there is no ceiling, then the underside of the roof shall be covered with hard, smooth, and impervious material, and finished so as to afford no lodgment for dirt.
(h)The woodwork of the doors, the windows, and their frames shall be properly painted, and fitted so as to be fly‑proof.
(i)The shelves, benches, tables, racks, or other fittings of such room shall be made of smoothly dressed wood or other approved material, and so fitted that they may be readily removed for cleansing purposes.
(j)The room shall be equipped with sufficient milk strainers of approved material and design, and with an approved cooler and refrigerator, which shall be properly connected with a cold water supply.
(k)The dairyman or vendor shall at all times maintain such room and all its fittings and utensils in good order and repair, and scrupulously clean in every part, both inside and outside, and secure the removal and exclusion of flies from its interior.
(l)He shall not suffer or permit such room to be used for any purpose other than the handling or housing of the milk or the storage of milk vessels.
(m)He shall, whenever required to do so, pave the ground immediately surrounding the milk room with a layer of not less than seventy‑five millimetres thick of approved material, and to a width of at least 1.8 metres.
(n)He shall cause every vessel or utensil used by him for containing milk when not in actual use in the collecting or distribution of milk, or in the process of being cleansed, to be stored in such milk room.
(o)He shall not allow sour milk to remain in the milkroom.
[By-law 14 amended by Gazette 12 February 1937 p.237; 21 December 1973 p.4674.]
Precautions in Regard to Milking
15.Precautions in regard to milking
(a)Every dairyman or vendor shall protect the milk from infection or contamination during the process of milking.
(b)He shall immediately prior to the milking of any animal cause the udder and teats of such animal and the adjacent part of the animal’s skin to be thoroughly cleansed, and the hands of the person milking such animal to be first thoroughly cleansed, for which purpose suitable appliances shall be provided by him in a convenient situation.
(c)He shall cause the milk drawn from any animal on his premises (except as hereinafter mentioned) to be forthwith taken to the milk room and there immediately strained and cooled.
(d)He shall not mix with any milk intended to be used for human consumption the milk from any animal within 30 days before or five days after parturition, nor shall he mix with any milk intended for human consumption the first jets of milk drawn from any teat.
(e)He shall not allow any of his animals to be excited by hard driving, abuse, or harsh treatment.
Cleanliness of Persons
The occupier of a dairy and every person engaged in the production, handling, storage or transport of milk shall at all times maintain themselves and their clothing in a cleanly state.
Every occupier of premises on which a dairy is conducted shall cause such premises together with buildings, drains, fittings, apparatus, machinery, utensils, receptacles, vehicles, tools and appliances, to be kept at all times in good repair and in a cleanly condition.
Care of Milk during Transport, Storage, etc.
17.Care of milk during transport, storage, etc.
(a)Every dairyman or vendor shall take all reasonable and proper precautions in and in connection with the housing, storage, carriage, transport, or distribution of milk to prevent the exposure of the milk to any infection or contamination, or to anything likely to prove injurious or deleterious to it.
(b)He shall not deposit nor keep any milk, or any milk vessel, implement or article used in his trade or in connection therewith —
in any room or place where it or they would be liable to become contaminated by impure air, or by any offensive, noxious, or deleterious gas or substance; or
in any room used as a kitchen, bedroom, or living room; or
in any room or building or part of a building communicating directly by door, window, ventilation or otherwise with any room used as a bedroom, living room, or kitchen, or in which there may be any person suffering from any infectious or contagious disease, or which may have been used by any person suffering from any such disease, and may not have been properly disinfected; or
in any room or building or part of a building in which there may be any drain inlet.
(c)He shall not house, store, or keep any vessels, utensils, receptacles, coolers or any articles used by him to contain or treat milk, within thirty metres of an offensive trade establishment, except with the written consent of the local authority.
(d)He shall not keep or cause or suffer any milk to be placed in any vessel, receptacle, or utensil, or run over a cooler, or refrigerator, which is not thoroughly clean and properly tinned or enamelled.
(e)He shall cause all cans and other receptacles used by him in the carriage of milk to be furnished with close‑fitting lids, and he shall not suffer or permit any rag, cloth, or other material to be used with any such lid.
(f)He shall cause all vessels, utensils, receptacles, coolers or any articles used by him to contain or treat or manipulate milk to be properly tinned or enamelled, and maintained at all times clean and in thorough order and repair.
(g)He shall not suffer nor permit milk, whilst in transport or distribution, to be unnecessarily exposed to the sun.
[By-law 17 amended by Gazette 21 December 1973 p.4674.]
Cleanliness of Vehicles, Utensils, etc.
18.Cleanliness of vehicles, utensils, etc.
(a)Every dairyman or vendor shall provide an approved apparatus for heating water for cleansing, steaming, scalding, or sterilising purposes and shall locate such apparatus in a position approved by an inspector.
(b)He shall not allow any such apparatus to be used for washing or boiling bed or body clothing, or for any purpose other than that specified in the preceding clause.
(c)He shall cause every vessel, receptacle, utensil, strainer, cooler, or any other article used by him for containing, treating, or manipulating milk to be thoroughly cleansed immediately after it shall have been used, and to be sterilised with steam or clean boiling water immediately before again being used.
(d)He shall cause all bottles and the stoppers of any such bottles used by him in his trade to be thoroughly cleansed and sterilised before re‑use or refilling.
(e)He shall cause every wheeled vehicle used by him for the carriage or distribution of the milk to be thoroughly cleansed at least once a day.
(f)He shall cause any tank or other receptacle which may be provided for storing water to be emptied and cleansed from time to time as often as may be necessary to prevent the contamination of any water that may be stored therein; such cleansing shall not be less seldom than once a year, or oftener if so ordered by an inspector.
Milking Machines
(a)In these by‑laws, where the words vessels or utensils, or receptacles, or articles used to contain, or treat or manipulate milk, are used, the terms shall include all movable parts of any milking machine, including buckets, tubing, claws, cups, or any other movable parts of the apparatus.
(b)No rubber tubing or rubber connections shall be used in connection with the collecting or manipulation of milk, unless such tubing and connections are free from cracks or crevices, and are to the satisfaction of the inspector.
(c)At the conclusion of milking operations, all movable parts of the milking machine and connections shall be disconnected, thoroughly cleansed, and forthwith placed in the milk room until again required for active use.
The permanent lines of tubing shall be thoroughly cleansed at the conclusion of the milking operations, and all openings immediately protected by a flyproof cover which will admit air.
(d)Where permanent tubing is installed for delivery of milk to containers, the tubing shall be continuous in length from the milking shed to the milk room. No open conduits shall be used. All joints in the tubing shall be of such a pattern as to be easily disconnected for inspection purposes. When closed, the joints shall provide a smooth internal surface.
[By-law 18A inserted by Gazette 1 February 1935 p.186.]
Cleanliness of Premises
(a)Every dairyman shall cause the ceiling or underside of the roof and the interior surface of the walls of every milking shed in his occupation to be properly cleansed and limewashed at least four times in every year, that is to say, once during the first week of the months of January, April, July, and October, and at such other times as may be specified in an order in writing from the medical officer or inspector. Provided that this requirement shall not apply to any part of such ceiling, roof, or walls that may be properly painted or varnished or constructed of or covered with any material such as would render the limewashing unsuitable or inexpedient, and that may be otherwise properly cleansed.
(b)He shall cause the floor of every milking shed in his occupation to be thoroughly swept and cleansed and all dung and other offensive matters to be removed from such shed immediately after each milking and shall cause every part of such shed to be thoroughly cleansed as often as may be necessary to insure that such shed shall be at all times clean.
(c)He shall cause every stockyard and stable in his occupation to be kept clean, and shall every day collect and remove all dung and other offensive matters from every such stockyard and stable.
(d)He shall cause every drain, drain inlet, or drainage receptacle upon his premises to be thoroughly cleansed daily, and the contents of every such drainage receptacle to be removed from his premises.
(e)He shall, whenever required so to do by an inspector, disinfect his milking shed or any other building upon his premises, in the manner and with such materials and appliances as may be directed by the inspector.
(f)He shall cause the ceiling or the underside of the roof and the interior surface of the walls and the floor of every forage or feed store and feed‑mixing room, and every feed trough or bin or receptacle used for mixing feed on his premises, to be kept clean.
Removal of Manure, Etc.
No dairyman or vendor shall allow dung, manure, offensive or putrescible matter of any kind to accumulate or remain in, upon, or about any house, milkroom, milking shed, stable, stockyard, fowlhouse, piggery, or enclosure for fowls upon his premises, but shall cause the same to be removed daily.
Disease among Dairy Stock
(a)Every dairyman shall immediately report to the local authority and Commissioner the occurrence of any of the diseases in his dairy stock specified in Schedule “D” hereto.
(b)He shall, when directed by a medical officer or an inspector, cause every cow or any other animal suffering from an infectious disease, or in an infectious condition, or suffering from any disease which in his opinion may affect the wholesomeness of the milk, to be isolated in such a manner as is directed by such medical officer or inspector.
(c)Neither he nor any other person shall allow any diseased cow or other diseased animal to come in contact with or graze upon the same grazing ground or to be at large on any ground occupied or traversed by such cattle.
(d)He shall cause any diseased cattle to be destroyed forthwith upon receipt of an order in writing from the local authority to that effect, and he shall cause the carcase of any such cow or other animal to be disposed of in the manner specified in such order.
Provided that any inspector who is a qualified veterinary surgeon is empowered, in the case of a cow suffering from any disease of the udder, to himself order the destruction of the animal affected.
(a)Every dairyman shall, for the purpose of protecting milk against infection or contamination, at any time, and from time to time, permit the tuberculin test to be applied to any cow or other bovine animal in his possession or under his control by any person duly approved by the Commissioner to perform such test.
(b)He shall make no addition to his dairy herd of any animal or animals without the written permission of an officer specially appointed by the Commissioner, and such officer may examine such animal or animals and apply such tests as he deems necessary to ascertain the freedom from disease or otherwise of such animal or animals.
23.Infectious or contagious diseases
(a)Every dairyman or vendor shall take every precaution against the infection or contamination of the milk by any person or animal suffering from any infectious or contagious disease.
(b)He shall, whenever any sickness occurs in any houses or premises in his occupation, immediately report such occurrence to the local authority.
(c)He shall, whenever so required by the medical officer, forthwith remove from his premises any sick person that may be therein.
He shall not permit any person suffering from any infectious or contagious disease, or recently in contact with or in attendance upon any other person so suffering, to milk any animal or handle any vessel used for containing milk, or take part in the preparation or distribution of any milk produced or brought upon his premises.
24.Medical officer may prohibit sale of milk
The medical officer may, by notice in writing to the dairyman or milk vendor, temporarily prohibit the sale of milk from any dairy where any animal is diseased or supposed to be diseased, or where any person is suffering or supposed to be suffering from an infectious disease, or where there are reasonable grounds for suspecting that the milk supply from such dairy is causing the spread of infectious disease, and any notice given under this by‑law shall remain in operation until cancelled.
Penalties for Breaches of By‑laws
25.Penalties for breaches of by-laws
Where anything by this part of the by‑laws is directed to be done or forbidden to be done, or where authority is given to any officer to direct anything to be done or to forbid anything to be done, and such act so directed to be done remains undone or such act forbidden to be done is done, in every such case the person making default as to such direction and prohibition respectively shall be deemed guilty of a breach of this part of the said by‑laws. And every person guilty of a breach of this part of the said by‑laws shall be liable, for every such offence, besides any costs or expenses which may be incurred in the taking of proceedings against such person guilty of such offence, to a penalty not exceeding twenty pounds for every breach of any such by‑law, or to a penalty not exceeding two pounds for each day during which such breach shall be committed or continued, and in addition to such penalty shall be liable to pay to the local authority any expense incurred by such authority in consequence of any breach or non‑observance of any by‑law, or in the execution of any work directed to be executed and not so executed.
Schedule “A.”
(By‑law 3.)
Form of Application for License of Persons Carrying on the Trade of a Dairyman or Vendor of Milk and for the Registration of the Premises on which such Trade is Carried on.
To the Secretary Local Health Authority.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I . . . . . . . . . . . . . . . . . . . . of . . . . . . . . . . . . . . . . . . . . . hereby apply for a license to carry on the trade of . . . . . . . . . . . . . . . on premises, particulars of which are set out hereunder: —
Situation of premises . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Area of premises . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Area of grazing land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Water Supply —
(a)for the milking herd . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)for domestic purposes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c)for dairying premises . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Number of dairy herd . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Number of milking cows. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Number of bulls . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Is milk disposed of by wholesale or retail? . . . . . . . . . . . . . . . . . . . . . . . .
In what district or districts? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Are dairy buildings constructed and arranged in accordance with the by‑laws? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(Signature) . . . . . . . . . . . . . . .
Full address . . . . . . . . . . . . . . .
Dated . . . . . . . . . . . . . . .
Schedule “B.”
(By‑law 3.)
CERTIFICATE OF DAIRYMAN OR VENDOR OF MILK
This is to certify that . . . . . . . . . . . . . . . . . . . . . . . . . . of . . . . . . . . . . . is licensed to carry on the trade of a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . at the premises situate at . . . . . . . . . . . . . . . . . , for the year ended the 31st December, 19 . . . . . . .
Dated this . . . . . . . . . . . . . . . day of . . . . . . . . . . . . . . . . . . . . . 19. . . . . . .
Fee paid, £ . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . .
Secretary.
Schedule “C.”
(By‑law 4.)
FEES TO BE PAID FOR LICENSE AND REGISTRATION IN RESPECT OF THE TRADE OF A DAIRYMAN OR VENDOR OF MILK
(a)In respect to the trade of a dairyman, any person keeping cows to the number of —
|
|
£ |
s. |
d. |
|
(1)Not more than 2 a fee of . . . . . . . . . . . . . |
0 |
2 |
6 |
|
(2)More than 2 but not more than 5 . . . . . . . |
0 |
3 |
6 |
|
(3)More than 5, but not more than 8 . . . . . . |
0 |
4 |
6 |
|
(4)More than 8, but not more than 12 . . . . . |
0 |
6 |
0 |
|
(5)More than 12, but not more than 15 . . . . |
0 |
7 |
6 |
|
(6)More than 15, but not more than 20 . . . . |
0 |
10 |
0 |
|
(7)More than 20, but not more than 26 . . . . |
0 |
12 |
6 |
|
(8)More than 26, but not more than 35 . . . . |
0 |
15 |
0 |
|
(9)More than 35 . . . . . . . . . . . . . . . . . . . . . . |
1 |
0 |
0 |
|
(b)In respect to the trade of a vendor of milk . . |
0 |
5 |
0 |
|
(c)If the applicant is already licensed and his premises are registered in another district . . |
0 |
2 |
6 |
|
(d)If the applicant sells dairy produce other than milk . . . . . . |
|
nil |
|
Schedule “D.”
(By‑law 19.)
DISEASES OF STOCK
Tuberculosis.
Actinomycosis.
Glanders.
Anthrax.
Eruptions of udder.
Foot and mouth disease.
Puerperal sepsis.
Pleuro pneumonia.
Mammitis.
Fever.
[Heading inserted by Gazette 25 November 1994 p.5924.]
[Heading inserted by Gazette 25 November 1994 p.5924.]
(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;
keeper means a person whose name appears on the register of keepers, in respect of a lodging‑house, as the keeper of that lodginghouse;
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 —
(i)recreational, sporting, religious, ethnic or educational pursuits; or
(ii)conferences or conventions;
and
(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.
[Regulation 1 inserted by Gazette 25 November 1994 pp.5924‑ 25.]
2.Lodging‑house not to be kept unless registered
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;
(c)the name of the person keeping or proposing to keep 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.
[Regulation 2 inserted by Gazette 25 November 1994 p.5925.]
3.Application for registration
An application for registration of a lodging‑house shall be —
(a)in the form prescribed in Schedule 1;
(b)duly completed and signed by the proposed keeper; and
(c)accompanied by —
(i)the fee prescribed in Schedule 8; and
(ii)detailed plans and specifications of the lodginghouse.
[Regulation 3 inserted by Gazette 25 November 1994 pp.5925‑26.]
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.
[Regulation 4 inserted by Gazette 25 November 1994 p.5926.]
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.
[Regulation 5 inserted by Gazette 25 November 1994 p.5926.]
6.Notification upon sale or transfer
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...(complete as appropriate)... Clerk, in the form of Schedule 3, 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.
[Regulation 6 inserted by Gazette 25 November 1994 p.5926.]
(1)Subject to sub‑bylaw (3), the local authority may, at any time, revoke the registration of a lodging‑house for any reason which, in the opinion of the local authority, justifies the revocation.
(2)Without limiting the generality of sub‑bylaw (1), the local authority may revoke a registration upon any one or more of the following grounds —
(a)that the lodging‑house has not, to the satisfaction of the local authority, been kept free from vectors of disease or in a clean, wholesome and sanitary condition;
(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 from the Police Department, is satisfied that the keeper or manager is not a fit and proper person;
(d)that, by reason of alterations or additions or neglect to repair and renovate, the condition of the lodging‑house is such as to render it, in the opinion of the Principal Environmental Health Officer, unfit to remain registered.
(3)Before revoking the registration of a lodging‑house under this by‑law, the local authority shall give notice to the keeper requiring him or her, within a time specified in the notice, to show cause why the registration should not be revoked.
(4)Whenever the local authority revokes the registration of a lodging‑house, it shall give the keeper notice of the revocation and the registration is revoked as from the date on which the notice is served on the keeper.
[Regulation 7 inserted by Gazette 25 November 1994 pp.5926‑27.]
Division 2 — Construction and Use Requirements
[Heading inserted by Gazette 25 November 1994 p.5927.]
8.General construction requirements
The general construction requirements of a lodging‑house shall comply with the Building Code.
[Regulation 8 inserted by Gazette 25 November 1994 p.5927.]
(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.
(2)A bathroom or toilet which is used as a private bathroom or toilet to the exclusion of other lodgers or residents does not fall under the provisions of sub‑bylaw (1).
(3)Each bath, shower and hand wash basin shall be provided with an adequate supply of hot and cold water.
(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.
[Regulation 9 inserted by Gazette 25 November 1994 p.5927.]
(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;
(c)provide an adequate supply of hot and cold water to each wash trough, sink, copper or washing machine; and
(d)ensure that the floor area of each laundry or laundry unit is properly surfaced with an even fall to a floor waste.
(2)The Principal Environmental Health Officer may approve the provision of a reduced number of laundry units if suitable 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)is capable of delivering 136 litres of water per hour at a temperature of at least 75 o C for each 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.
[Regulation 10 inserted by Gazette 25 November 1994 pp.5927‑28.]
(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.
[Regulation 11 inserted by Gazette 25 November 1994 p.5928.]
(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 |
(2)The keeper of a lodging‑house where meals are provided by the keeper or manager shall provide a kitchen with cooking appliances of a number and type approved by the Principal Environmental Health Officer.
(3)The keeper of a lodging‑house which has, or has approval to have, 15 or more lodgers shall provide, maintain and clean, a hood or mechanical exhaust system, in accordance with the Health (Food Hygiene) Regulations 1993, over each stove, oven and cooking appliance.
[Regulation 12 inserted by Gazette 25 November 1994 p.5929.]
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
(ii)10 square metres;
and
(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.
[Regulation 13 inserted by Gazette 25 November 1994 p.5929.]
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
(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.
[Regulation 14 inserted by Gazette 25 November 1994 pp.5929‑30.]
15.Fire prevention and control
(1)A keeper shall —
(a)in each passage in the lodging‑house, provide an emergency light —
(i)in such a position, and of such a pattern, as is 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 Principal Environmental Health Officer, is positioned within 2 metres of the cooking area in each kitchen; and
(c)ensure that each exit sign and fire fighting appliance is clearly visible, accessible and maintained in good working order at all times.
(2)A keeper shall ensure that all buildings comprising the lodging house are fitted with fire protection equipment as advised by the Western Australian Fire Brigades Board and approved by the local authority.
[Regulation 15 inserted by Gazette 25 November 1994 p.5930.]
16.Obstruction of passages and stairways
A keeper shall not cause, suffer or permit furniture, fittings or other things to be placed either temporarily or permanently in or on —
(a)a stairway, stair landing, fire‑escape, window or 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.
[Regulation 16 inserted by Gazette 25 November 1994 p.5930.]
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.
[Regulation 17 inserted by Gazette 25 November 1994 p.5930.]
18.Restriction on use of rooms for sleeping
(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)which contains or is fitted with a cooking appliance or kitchen sink;
(c)which is used as a kitchen, scullery, store room, dining room, general sitting room or lounge room, or for the preparation or storage of food;
(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;
(f)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)in which the lighting or ventilation referred to in paragraphs (f) and (g) is obstructed or is not in good 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.
(3)Paragraphs (a), (b) and (c) of sub‑bylaw (1) do not apply to a serviced apartment.
[Regulation 18 inserted by Gazette 25 November 1994 pp.5930‑31.]
19.Sleeping accommodation — short term hostel and recreational campsite
(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 subbylaw (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.
(5)The keeper of any short term hostel or recreational campsite shall provide —
(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;
(b)mechanical ventilation in lieu of fixed ventilation,
subject to the local authorities approval.
(6)The keeper of any short term hostel shall provide —
(a)beds with a minimum size of 800 millimetres x 1.9 metres;
(b)storage space for personal effects, including backpacks, so that cleaning operations are not hindered and access spaces are not obstructed.
(7)The keeper of a recreational campsite shall provide beds with a minimum size of 750 millimetres by 1.85 metres.
(8)The keeper of any short term hostel or recreational campsite shall —
(a)arrange at all times a distance of 750 millimetres between beds, and a distance of 900 millimetres between bunks;
(b)ensure that, where bed or bunk heads are placed against the wall on either side of a dormitory, there is 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
(c)ensure all doors, windows and ventilators are kept free of obstruction.
(9)The keeper of a short term hostel or recreational campsite shall ensure that —
(a)materials used in dormitory areas comply with AS 1530.2 and AS 1530.3 as follows —
Drapes, curtains, blinds
and bed covers — a maximum Flammability Index 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,
(b)emergency lighting is provided in accordance with the Building Code;
(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 hall area, within a short term hostel or recreational campsite;
(d)all mattresses in a short term hostel or recreational campsite are fitted with a mattress protector.
[Regulation 19 inserted by Gazette 25 November 1994 pp.5931‑33.]
20.Furnishing etc. of sleeping apartments
(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 storage facilities for belongings within the room.
(2)A keeper shall not cause, suffer or permit any tiered beds or bunks to be used in a sleeping apartment other than in a lodging‑house used exclusively as a short term hostel or a recreational campsite.
[Regulation 20 inserted by Gazette 25 November 1994 p.5933.]
(1)If, in the opinion of an Environmental Health Officer, a kitchen, bathroom, toilet, laundry or habitable room is not adequately or properly ventilated, he or she may direct the keeper to provide a different or additional method of ventilation.
(2)The keeper shall comply with any direction given under sub‑bylaw (1) within such time as directed.
[Regulation 21 inserted by Gazette 25 November 1994 p.5933.]
22.Numbers to be placed on doors
(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)the numbers continue in sequence throughout each floor (if there is more than one) of the lodging‑house.
(2)The numbers to be placed on the doors under sub‑bylaw (1) shall be —
(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.
[Regulation 22 inserted by Gazette 25 November 1994 p.5933.]
Division 3 — Management and Care
[Heading inserted by Gazette 25 November 1994 p.5934.]
23.Keeper or manager to reside in the lodging‑house
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.
[Regulation 23 inserted by Gazette 25 November 1994 p.5934.]
(1)A keeper shall keep a register of lodgers in the form of Schedule 4.
(2)The keeper shall ensure that the register of lodgers is —
(a)kept in the lodging‑house; and
(b)open to inspection at any time on demand by any member of the Police Force or by an Environmental Health Officer.
[Regulation 24 inserted by Gazette 25 November 1994 p.5934.]
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.
[Regulation 25 inserted by Gazette 25 November 1994 p.5934.]
26.Certificate in respect of sleeping accommodation
(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.
(2)The certificate issued under sub‑bylaw (1) shall specify the maximum number of persons permitted to occupy each room of a sleeping apartment at any one time.
(3)When required by the Principal Environmental Health Officer, a keeper shall exhibit the certificate issued under this by‑law in a conspicuous place in the room to which the certificate refers.
(4)A person shall not cause, suffer or permit a greater number of persons than is specified on a certificate issued under this by‑law to occupy the room to which it refers.
[Regulation 26 inserted by Gazette 25 November 1994 p.5934.]
27.Duplicate keys and inspection
Each keeper and manager of a lodging‑house shall —
(a)retain possession of a duplicate key to the door of 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.
[Regulation 27 inserted by Gazette 25 November 1994 p.5934.]
(1)A keeper shall not —
(a)cause, suffer or permit more than the maximum number of persons permitted by the Certificate of Registration of the lodging‑house to be lodged at any one time in the lodginghouse;
(b)cause, suffer or permit to be placed or kept in any sleeping apartments —
(i)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.
(2)For the purpose of this by‑law, 2 children under 10 years of age are counted as one lodger.
[Regulation 28 inserted by Gazette 25 November 1994 p.5935.]
29.Maintenance of a room by a lodger or resident
(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.
(2)Where permission is given or a contract entered into under sub‑bylaw (1), the keeper shall —
(a)inspect each room the subject of the permission or agreement at least once a week; and
(b)ensure that each room is being maintained in a clean condition.
(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.
[Regulation 29 inserted by Gazette 25 November 1994 p.5935.]
30.Cleaning and maintenance requirements
(1)A keeper of a lodging‑house shall —
(a)maintain in a clean, sound and undamaged condition —
(i)the floor, walls, ceilings, woodwork and painted surfaces;
(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
(ii)windows, doors and door furniture;
(c)ensure that the internal walls of each bathroom and toilet are painted so as to maintain a smooth impervious washable surface;
(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;
(ii)within a reasonable time of a bed having been 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)when any vectors of disease are found in a bed, furniture, room or sleeping apartment, that immediate effective action is taken to eradicate the vectors of disease; and
(vi)a room which is not free from vectors of disease and insects is not used as a sleeping apartment;
(f)when so directed by the Principal Environmental Health Officer, ensure that —
(i)a room, together with its contents, and any other part of the lodging‑house, is cleaned and disinfected; and
(ii)a bed or other article of furniture is removed 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.
[Regulation 30 inserted by Gazette 25 November 1994 pp.593536.]
31.Responsibilities of lodgers and residents
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;
(c)use a bath or wash hand basin other than for ablutionary purposes;
(d)use a bathroom facility or fitting for laundry purposes;
(e)use a sink installed in a kitchen or scullery for any purpose other than the washing and cleaning of cooking and eating utensils, other kitchenware and culinary purposes;
(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)wash or permit the washing of clothing or bedding; 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 that reason, use a sleeping apartment for dining purposes;
(i)place or keep, in any part of a lodging‑house, any luggage, clothing, bedding, or furniture that is infested with vectors of disease;
(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
(l)fix any fastener or change any lock to a door or room without the written approval of the keeper.
[Regulation 31 inserted by Gazette 25 November 1994 pp.5936‑37.]
32.Approval for storage of food
(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.
(2)The keeper of a serviced apartment may permit the storage and consumption of food within that apartment if suitable storage and dining facilities are provided.
[Regulation 32 inserted by Gazette 25 November 1994 p.5937.]
(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 33 inserted in Gazette 25 November 1994 p.5938.]
(By‑law 3)
Schedule 1
City/Town/Shire of . . . . . . .
Health Act 1911
APPLICATION FOR REGISTRATION OF A LODGING‑HOUSE
To:Chief Executive/. . . . . . Clerk
City/Town/Shire of . . . . . . . .
I/We, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(Full name of Applicant/s)
of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(Residential address of Applicant/s)
apply for the registration of premises situated (or to be situated) at . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
as a lodging‑house to be classified as:
— a lodging‑house;
— a recreational campsite;
— a short term hostel; or
— serviced apartments,
(Specify which is to apply)
and for my name to be entered in the Register as a keeper of the lodging‑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) . . . . . . . . . . . . . . . . . . . . . . . . . . . |
. . . . . . . . . . . . . . . . . . . |
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.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(Signature of applicant/s)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(Date)
[Schedule 1 to Part V inserted in Gazette 25 November 1994 pp.5938-9.]
(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 recreational campsite;
— 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 to be 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: $ . . . . . . . .
[Schedule 2 to Part V inserted in Gazette 25 November 1994 p.5940.]
(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/s)
of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(Residential address of Applicant/s)
am/are the new owners of premises situated at . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
which are registered in the name of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
for the carrying on of the lodging‑house business.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(Signature of applicant/s)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(Date)
[Schedule 3 to Part V inserted in Gazette 25 November 1994 p.5940.]
(By‑law 24)
Schedule 4
City/Town/Shire of . . . . . . .
Health Act 1911
(section 157)
REGISTER OF LODGERS
Location of lodging‑house: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
|
Date of Arrival |
Name |
Previous Address |
Signature |
Room No. |
Date of Departure |
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[Schedule 4 to Part V inserted in Gazette 25 November 1994 p.5941.]
(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 —
house at . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . on the . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . day of . . . . . . . . . . . . . . . 19 . . . . .
(Signed) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(Keeper)
Date: . . . . . . . . . . . . . . .
[Schedule 5 to Part V inserted in Gazette 25 November 1994 p.5941.]
(By‑law 26)
Schedule 6
City/Town/Shire of . . . . . . .
Health Act 1911
CERTIFICATE OF SLEEPING ACCOMMODATION
To: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(Name of keeper)
of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(Address of keeper)
For the registered lodging‑house situated at . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
This room, No. . . . . . , can be used as a sleeping apartment (for sleeping purposes only) to accommodate not more than . . . . . . persons at any one time.
Date: . . . . . . . . . . . . . . .
(Signed) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(Environmental Health Officer)
[Schedule 6 to Part V inserted in Gazette 25 November 1994 p.5941.]
(By‑law 26)
Schedule 7
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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(Address 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 7 to Part V inserted in Gazette 25 November 1994 p.5942.]
(By‑laws 3 & 5)
Schedule 8
City/Town/Shire of . . . . . . .
Health Act 1911
PRESCRIBED FEES
For the registration, or the renewal of the
registration, of a lodging‑house . . . . . . . . . . . $ ...........
[Schedule 8 to Part V inserted in Gazette 25 November 1994 p.5942.]
1.Form of application and certificate
Every person applying to be registered as a keeper of a boarding‑house shall make such application in the form of Schedule “A” hereto, and upon the granting of such application he shall receive from the local authority a certificate in the form of Schedule “B.”
Every such registration shall operate only during the current calendar year, and after the 31st day of December of that year the premises shall, unless registered, become unregistered.
Every such person shall annually, in the first week of January, make application for the renewal of registration of his premises, and with every application made under this or the preceding by‑law shall lodge a fee as prescribed by Schedule “C” hereto: Provided that if the registration for any year shall commence on or after the first day of July of that year only one‑half of the prescribed fee shall be paid by the applicant.
No keeper of a boarding‑house shall permit a greater number of persons to occupy any sleeping apartment in such house at any one time than will admit of each such person having at least fourteen cubic metres of air space.
For the purpose of this clause two children under 10 years of age shall be counted as one person.
[By‑law 4 amended by Gazette 21 December 1973 p.4674.]
No house shall be registered as a boarding‑house unless each room intended for use as a sleeping apartment for boarders shall bear a distinguishing number and the keeper of such house shall cause such distinguishing number to be conspicuously printed in fifty millimetre figures on each side of the room door.
[By‑law 5 amended by Gazette 21 December 1973 p.4674.]
6.Local authority may vary number of boarders
The local authority may from time to time vary the number of boarders to be received into each separate room used as a sleeping apartment, and a notice shall be served on the keeper of such boarding‑house specifying such varied number of boarders, and such keeper shall not allow a greater number of boarders into such room than is specified in such notice, after the time stated therein.
7.Sleeping apartments to be certicated
No keeper of a boarding‑house shall permit any room to be used as a sleeping apartment for boarders other than a room certified for that purpose.
8.Consent required for approvals
No keeper of a boarding‑house shall make any alterations to any such room except with the consent of the local authority.
9.Requirements for sleeping apartments
No room shall be registered as a sleeping apartment for boarders if it be situated in a basement or below the level of the ground, or if it be used as a kitchen, dining or general sitting room, or unless such room is lit by windows having a ratio of not less than 0.1 square metre of glass to each one square metre of floor area.
[By‑law 9 amended by Gazette 21 December 1973 p.4675.]
No room shall be certified as a sleeping apartment for boarders unless such room is sufficiently ventilated and the keeper shall maintain all such means of ventilation as have been approved in good order and efficient action.
No keeper of a boarding‑house shall cause or allow any boarder to occupy any bed in such house after such bed shall have been vacated by the last preceding occupant thereof, unless such bed shall be provided with fresh bed linen.
No keeper of a boarding‑house shall absent himself from such house unless he leave some reputable person in charge thereof.
The keeper of every boarding‑house shall —
(a)cause the floor of every room or passage and every stair in such house to be kept thoroughly clean, and to be at least once a week thoroughly washed;
(b)cause the yard and the out-premises to be swept daily, and to be kept at all times clean and free from filth;
(c)cause the seat and floor of every privy on his premises to be scrubbed and washed daily, and the walls to be limewashed at least once in each month;
(d)cause every window, every fixture, or fitting of wood, stone, or metal, and every painted surface in such house to be thoroughly cleansed at least once a week or so much more frequently as may be directed by an inspector;
(e)provide a sufficient number of lavatory appliances and clean towels, and a sufficient quantity of clean water and soap for ablutionary purposes;
(f)disinfect such towels as may be required by an inspector;
(g)cause all faeces, urine, or other refuse to be removed from every room once at least in every day before the hour of ten in the forenoon, and every vessel, utensil, or other receptacle for such faeces, urine, or refuse shall be thoroughly cleansed at least once in every day;
(h)cause all beds, bedsteads, blankets, rugs, covers, sheets, towels and house linen to be kept clean, free from vermin, and in a wholesome condition;
(i)cause every sheet and all household linen to be washed at least once in every week;
(j)furnish every sleeping apartment with a sufficient number of toilet utensils and bedsteads, and sufficient bedding so that each bed shall be provided with a mattress, two sheets, a blanket or rug, and in winter time not less than one additional blanket or rug;
(k)cause the doors and windows of every sleeping apartment to be opened and kept fully open for at least four hours during each day;
(l)cause the bed clothes of every bed to be removed therefrom as soon as conveniently may be after each bed shall have been vacated by any boarder, and such bed clothes and bed to be freely exposed to the air during two hours at least of each day;
(m)cause any room, together with its contents, or any other portion of the premises to be cleansed and disinfected whenever directed so to do by an inspector;
(n)exhibit in a suitable and conspicuous position upon the premises copies of all by‑laws received from the local authority, so that the contents may be clearly and distinctly legible;
(o)cause any part of his premises or any fittings thereon to be painted at such times and in such manner as is directed by an inspector.
14.Bedding etc. used by person with infectious disease
The keeper of every boarding‑house shall prevent bedding, all linen, blankets, and other similar articles which have been used by a person suffering from an infectious disease from coming in contact with similar articles used by other inmates of the premises, and shall forthwith efficiently disinfect all such articles, and in so doing shall obey any directions given by the medical officer, or by an inspector.
15.Eating utensils used by person with infectious disease
The keeper of every boarding‑house shall, so soon as it comes to his knowledge that any person on the premises is suffering from an infectious disease, effectively isolate such person until removed to some hospital, and he shall provide separate knives, forks, spoons, plates and other articles used in the consumption of food for the use of such person, and such articles shall, immediately after use, be efficiently disinfected.
16.Room used by person with infectious disease
The keeper of every boarding‑house shall, immediately upon the vacating of any room which has been occupied by a person suffering from an infectious disease, effectively disinfect such room, and shall take such other measures in respect of such room or the contents thereof as an inspector may direct.
The keeper of every boarding‑house shall provide and maintain fire‑extinguishing appliances of the number and pattern and situated in such position as the local authority may direct.
The keeper of every boarding‑house in which provision is made to accommodate persons above the ground floor shall provide on each floor above the ground floor at least one stairway leading from such floor to the floor immediately below other than the main stairway, so situated and constructed of fire‑resisting material as may be directed by the local authority.
[By‑law 18 amended by Gazette 12 December 1962 p.3914.]
19.Standards for boarding houses
No premises shall be registered as a boarding‑house unless —
(a)the external walls and roof thereof are weather‑proof and water‑tight;
(b)every wall, including every partition wall, is provided with a damp‑proof course;
(c)every part of the floor, if of wood, is at least 305 millimetres above the surface of the ground; if of concrete, then the upper surface shall be not less than seventy‑five millimetres above the ground;
(d)every internal wall is complete from the floor to ceiling;
(e)every passage is at least 1.2 metres in width; .
(f)every main stairway is at least 1.2 metres in width; the rise is not greater than 165 millimetres in height and the treads not less than 250 millimetres in width, and every such stairway shall be free from winders;
(g)every stairway is provided with handrails on both sides thereof, the handrail to be 810 millimetres above the nosing of the treads,
(h)separate sanitary conveniences are provided for each sex, and so situated and screened as to ensure sufficient privacy;
(i)Each such convenience during the hours of darkness is sufficiently lighted by artificial light;
(j)the inner surface of all walls is so constructed that they can, without sustaining injury, be washed.
[By‑law 19 amended by Gazette 21 December 1973 p.4675.]
Every keeper of a boarding‑house shall take such measures for the destruction of vermin as may be directed by an inspector.
Penalties for Breaches of By‑laws
21.Penalties for breaches of by-laws
Where anything by this part of the by‑laws is directed to be done or forbidden to be done, or where authority is given to any officer to direct anything to be done or to forbid anything to be done, and such act so directed to be done remains undone or such act forbidden to be done is done, in every such case the person making default as to such direction and prohibition respectively shall be deemed guilty of a breach of this part of the said by‑laws. And every person guilty of a breach of this part of the said by‑laws shall be liable, for every such offence, besides any costs or expenses which may be incurred in the taking of proceedings against such person guilty of such offence, to a penalty not exceeding twenty pounds for every breach of any such bylaws, or to a penalty not exceeding two pounds for each day during which such breach shall be committed or continued, and in addition to such penalty shall be liable to pay to the local authority any expense incurred by such authority in consequence of any breach or nonobservance of any by‑law, or in the execution of any work directed to be executed and not so executed.
Schedule “A.”
(By‑law 1.)
FORM OF APPLICATION FOR REGISTRATION OF A BOARDING HOUSE
To the Secretary Local Health Authority
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I, . . . . . . . . . . . . . . ., hereby make application for the registration of the premises described hereunder as a boarding‑house, and the entry of my name as the keeper thereof: —
Situation of premises . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Materials of construction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Maximum number of lodgers to be accommodated . . . . . . . . . . . . .
|
Particulars to be given in respect of each room to be used by lodgers as a sleeping compartment
|
No. of Room |
Measurement in metres — length, width, height |
Capacity in cubic metres |
No. of Boarders |
|
|
|
|
|
|
(Signature) . . . . . . . . . . . . . . .
(Address) . . . . . . . . . . . . . . .
Date . . . . . . . . . . . . . . . 19 .
[Schedule A amended by Gazette 21 December p.4675.]
Schedule “B.”
(By‑law 1.)
FORM OF CERTIFICATE OF REGISTRATION OF A BOARDING HOUSE
This is to certify that the premises situate at . . . . . . . . . . . . . . . are registered as boarding‑house, and the name of . . . . . . . . . . . . . . . is entered as the keeper thereof.
The maximum number of boarders shall be accommodated as under: —
|
Room No. |
Number of Lodgers |
|
|
|
. . . . . . . . . . . . . . . . . . . . . . . . . . . .
Secretary.
Dated . . . . . . . . . . . . . . . 19 . . . . . . .
Schedule “C.”
(By‑law 2.)
SCALE OF FEES TO BE PAID ON REGISTRATION AND ANNUALLY THEREAFTER BY KEEPERS OF BOARDING‑HOUSES
|
|
s. |
d. |
|
When the maximum number of lodgers to be accommodated does not exceed 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . |
10 |
0 |
|
When the maximum number of lodgers to be accommodated exceeds 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . |
20 |
0 |
General
1.Apparatus and employees to be kept clean
(a)The occupier of every premises where food is manufactured, prepared, packed, or kept for sale shall maintain such premises, together with all apparatus, instruments, fittings, utensils, and vehicles used in connection with the manufacture, preparation, keeping or transport of food at all times in a clean condition.
(b)Every occupier of such premises shall be responsible for the maintenance in a clean condition of all persons employed by him in the manufacture, preparation, or handling of food, together with the clothing of such persons.
The occupier of every such premises shall not conduct on such premises any offensive trade, except such as are specified hereunder: —
Fish curing establishment.
Fish shop;
and then only with the consent of the local authority.
The occupier of every such premises shall maintain such premises in such condition as to prevent the ingress or egress or harbourage of rats, and shall take all practicable measure for the destruction of rats and other vermin which may be on his premises.
The occupier of every such premises shall, when so ordered by the local authority, pave the floor or such portion thereof as may be directed, with impervious materials, in such manner as is specified in the order; and shall, when so ordered, further provide proper drainage, so that all liquids falling upon such floor shall be conducted to a drain inlet situated outside the building within which the floor is laid.
Every occupier of such premises shall, when so ordered by the local authority, line the walls of any such premises, or such portion thereof as may be specified, to such a height from the floor as may be directed.
6.Standards for premises involved in food manufacture, sale, etc.
The occupier of every such premises shall cause such premises to comply with the following conditions: —
(a)Every room which is used in connection with the manufacture, preparation, or keeping of food shall be properly ceiled.
(b)Every such room shall be provided with natural light in the ratio of 0.1 square metre of window area to every one square metre of floor area.
(c)Every such room shall be efficiently ventilated by through ventilation.
(d)Every such room shall be provided with effective sub‑floor ventilation, unless the floor be of concrete or similar impervious material.
(e)All offensive material or trade refuse produced upon such premises shall be immediately placed in an impervious receptacle, provided with a tight‑fitting cover, and the contents of such receptacle shall be removed at least once in each week, or with such greater frequency as may be directed by an inspector, and
(f)Every such receptacle shall, after each emptying, be thoroughly cleansed.
[By‑law 6 amended by Gazette 21 December 1973 p.4675.]
Every occupier of any such premises shall cause all food which is ordinarily consumed in the condition in which it is sold to be protected from the contamination by flies or dust, by one of the following methods: —
(a)cause all such foods to be kept in enclosures covered by glass or fine‑mesh wire gauze.
(b)Cover all door and window openings, and other apertures on the premises with screens of fine‑mesh wire gauze, and fit all doors so that they are self closing.
Every such occupier shall maintain the fittings provided under this by‑law at all times in good order and repair.
(1)The occupier of premises where food is manufactured, prepared, packed or kept for sale shall provide on the premises for the use of all persons engaged in work thereon —
(a)lavatory basins in the proportion of one for each ten persons or part thereof which basins shall be provided with a supply of running water and properly trapped and connected to a liquid wastes disposal system; and
(b)a supply of soap and clean towels, but so that no towel may be used by more than one employee.
(2)Facilities provided as required by sub‑bylaw (1) of this by‑law shall be so situated as to be readily accessible to employees.
[By‑law 8 inserted by Gazette 12 December 1962 p.3914.]
The occupier of any such premises shall not permit any closet or privy to be situated in any room where food is manufactured, prepared, or kept; and any closet or privy and also any stable shall be so situated as to be completely cut off from any such room by cross ventilation.
[By‑law 9 amended by Gazette 12 December 1962 p.3914.]
The occupier of every such premises shall provide a receptacle in which any food withdrawn from sale shall be immediately placed, and any food, not within such receptacle shall be deemed to be exposed for sale.
11.Premises not to be used for other purposes
No person shall use any place for or in connection with the sale, manufacture, preparation, storage, or packing of any food for sale, which is at any time used as a sleeping or living apartment, or which communicates directly with a sleeping apartment, or in which anything is kept, or any animal allowed to be, or in which any work is carried on which would be likely to contaminate such food or injuriously affect its wholesomeness or cleanliness.
11A.Receipt of clothing for dry-cleaning
The owner or occupier of a place used for or in connection with the sale, manufacture, preparation, storage or packing of any food for sale shall not receive or place therein any article of clothing which has been so received or placed for the purpose of being dry cleaned or laundered at that or any other place.
[By‑law 11 inserted by Gazette 31 December 1952 p.2992.]
No person shall deposit any vegetable or other food intended for sale for human consumption upon the floor of any premises, and all such deposits shall be kept at least 450 millimetres clear of such floor in such a way that there is a clear space between the floor and the underside of the staging or support upon which the deposits are kept.
[By‑law 12 amended by Gazette 12 December 1962 p.3914; 21 December 1973 p.4675.]
No person shall use or permit to be used any cellar for the preparation of food, unless with the written consent of the local authority.
[By‑law 13 amended by Gazette 12 December 1962 p.3914.]
No person who sells bread, meat, fish or milk, and no employee of any such person shall change or receive from a purchaser any bread, meat, fish or milk which has previously been delivered to such purchaser unless for the reason that such food is unwholesome, and whenever any food is so changed or received it shall be immediately destroyed or placed in a refuse receptacle.
No person shall enclose or carry or store wheat, oats, maize, potatoes, onions, fruit, or any other article of food whatsoever in any bag or sack or similar receptacle which has at any time contained or has been used for or the conveyance of bone dust or superphosphate, or any other manner or mixture of manures, unless such bags or sacks have first been thoroughly washed.
15A.Use of containers with cords, absorbent linings, etc.
No person shall use or permit to be used any article which has a cork or absorbent lining or filling as a cap or seal for any food container used for the distribution, sale and exposure for sale, of food, if such lining or filling has been previously used for any purpose whatsoever.
[By‑law 15A inserted by Gazette 24 October 1947 p.1951.]
(1)A person shall not sell or permit to be sold any food in or from a shop, store, or vehicle if the food is intended to be carried away from the shop, store or vehicle, unless the food is completely wrapped or packed in clean material or otherwise protected as far as practicable from contamination.
(2)Except as provided for in paragraph (3) of this by‑law, where paper is used for wrapping or packing food in accordance with paragraph (1) of this by‑law, only clean paper which shall have no writing or printing thereon excepting upon the surface of the paper which forms the outside of the package which contains the food. The paper shall not be impregnated or coloured with any substance which may contaminate food.
(3)Where the food to be wrapped or packed consists wholly of vegetables they may be wrapped or packed in clean newspaper obtained direct from the publisher thereof and not previously sold or used for any purposes.
[By‑law 15B inserted as 15A by Gazette 18 February 1955 p.342.]
16.Lead or zinc vessels and pipes
No person shall use or permit to be used in connection with the conveyance or storage of any milk, beer, or other food, any vessel or pipe composed wholly or in part of lead or zinc, unless all internal surfaces are completely covered with a lining of tin, glass, or other covering sufficient to prevent any metallic contamination.
[16A.Revoked by Gazette 12 December 1962 p.3914.]
Unsuitable Premises
The owner or occupier of premises used for the manufacture, preparation, or storage of any food for sale which by reason of their situation, construction, or disrepair are such as in the opinion of an inspector to render possible contamination of such food shall, on receipt of a notice from the local authority requiring him so to do, cease to use, or shall reconstruct or shall repair the premises as directed in and within the times specified in the notice.
The occupier of any premises on which food is manufactured, prepared, or kept shall, when required by an inspector, conspicuously display on his premises in such position or positions as may be selected by an inspector, a copy, as supplied by the local authority, of these by‑laws or any portion thereof.
Cleansing of Drinking Vessels
19.Cleansing of drinking vessels
The occupier of every public house, public bar, refreshment room, drinking booth, or other public place of refreshment where drinking vessels are used, shall provide to the satisfaction of an inspector a proper water supply and sufficient utensils for the proper cleansing of all such drinking vessels.
Every such occupier shall cause every drinking vessel, after use by any person, to be thoroughly cleansed in running water.
No person shall in or upon any premises whereon food is served for reward, use or permit to be used for the purpose of preparing or serving such food, any damaged vessels or utensils of whatsoever kind.
[By‑law 19A inserted by Gazette 24 March 1950 p.717.]
Transport
(a)Every person engaged in selling or carrying food shall cause all food in course of delivery or transport not otherwise packed to be protected as far as practicable from contamination. Provided that nothing but new clean white or brown paper shall be used as a wrapping for meat, fish, or bread.
(b)No such person shall permit any vehicle used in the transport or carriage of food to be used also for the transport of offensive material.
(c)Every such person shall cause all such vehicles when not in use for the carriage or transport of food, to be so placed as not to be liable to contamination.
(d)No person engaged in transporting or carrying food shall sit upon such food.
(e)Every person engaged in selling or carrying bread shall cause all bread in course of transport to be carried in weatherproof, covered vehicles, or containers constructed in such a manner as to thoroughly protect such bread from flies and dust.
(f)No person engaged in transporting or carrying food shall permit any dog to be upon any vehicle used for transporting or carrying food.
[By‑law 20 amended by Gazette 5 October 1934 p.1543; 30 November 1945 p.1135.]
Butchers’ Small Goods Premises
No person shall use, or suffer to be used, any room or place for the boning, curing, canning, salting, mincing or other similar process of preparation of the meat or fat of animals for sale for human food, except it be provided with a floor of tiles, cement, mineral asphalt, or some other material impervious to water, having a smooth surface and graded and drained so that all liquids spilt on it may flow off it without impediment. If any such floor be constructed of tiles, the joints between the tiles shall be of material which is impervious to water. Such floors shall at all times be kept in good repair, smooth, and free from cracks and inequalities.
No person shall use or suffer to be used any such floor as referred to in the preceding paragraph, unless it be free from accumulations of dirt, fat, grease or debris of meat, and such floor shall be cleaned at least once daily at the close of work.
No person shall keep or suffer to remain any bones or waste matter of any kind for longer than eight hours in any room in which any process of preparation of meat or of fat for sale for human food is, or usually is, carried on.
No person shall use or suffer to be used any room or place for the boning, curing, canning, salting, mincing or other similar process of preparation of meat or fat of animals for human food, unless its internal walls are constructed of bricks, tiles, stone, cement, or other material impervious to water, which shall at all times be kept clean.
[By‑law 24 amended by Gazette 12 December 1962 p.3914.]
No person shall, in connection with the pickling of meat use any pump constructed wholly or partly of brass, but such person shall only use a pump made of nickel or stainless steel.
[By‑law 25 amended by Gazette 12 December 1962 p.3914.]
26.Brine or pickle to be removed
The occupier of any such premises shall cause the brine or pickle to be removed as often as is necessary to prevent it from becoming offensive.
No person shall permit any dog to enter any premises used for the storage, sale or preparation of fresh meat.
The occupier of any premises, or stall, and the driver of any vehicle used for or in connection with the sale of fresh, frozen or chilled meat shall not permit any person other than an employee or an inspector to handle or touch any such meat.
Meat
29.Vehicles used to transport meat
(a)Every vehicle used in the transport of meat (excepting by butchers’ delivery vehicles used for delivery of cut joints to householders and vehicles used by the producers for the conveyance of carcase meats to the market), shall conform with the following: —
(i)The vehicle shall be completely enclosed so as to protect the meat from the weather and from flies and dust.
(ii)The vehicle shall be constructed of wood or metal, and all internal surfaces shall be finished to a smooth surface.
(iiiThe vehicle shall be properly ventilated.
(iv)The vehicle shall be provided with rails and hooks secured to the upper portion thereof, and shall be of ample proportions so that meat hung on such hooks shall be clear of the floor.
(v)No meat (except edible offal) shall be placed on the floor of the vehicle.
(vi)Edible offal, when carried on the floor, shall be contained in impervious containers.
(vii)The vehicle, edible offal containers, hooks, and rails shall at all times be kept in a thoroughly clean condition.
(viii)(A)A door to the vehicle shall not be used as a loading ramp.
(B)A loading ramp or other device for facilitating loading shall not be placed at any time within the compartments in which meat is carried or form portion of the internal surface of the vehicle.
(b)No vehicle used for the transport of meat shall be used at any time for the transport of any offensive matter.
(c)No meat shall be carried on any railway, except in trucks provided for that purpose, or unless such meat is hung on hooks and is clear of the floor.
(d)Every person employed in the handling, transport or delivery of carcase meat shall wear at the commencement of each day’s work a clean coat, the sleeves of which shall extend at least to the elbows, and a cap which shall cover the head and the back of the neck; and the coat and the cap shall be worn at all times whilst the person is so employed.
(e)(i)Butchers’ delivery vehicles shall be completely enclosed to protect the meat from the weather, flies, and dust. The vehicle shall be constructed of wood or metal, and all internal portions finished to a smooth surface.
(ii)They shall be properly ventilated. The floor of such vehicles shall be constructed of or completely covered with a smooth impervious metal.
(f)Butchers’ cutting carts shall be constructed in a similar manner as specified for butchers’ delivery carts, but shall be of ample dimensions to permit all carcase meat to be hung on hooks affixed to the roof of such vehicle. All carcase meat shall be hung on such hooks, in such manner that the meat is clear of the floor. Carcase meat in this clause shall mean any quarter or more of any carcase.
(g)All carcase meat conveyed by producers to the market shall be completely covered with clean canvas or other wrappings, approved by the inspector, in such manner as thoroughly to protect such meat from flies and dust.
(h)In this by‑law the word “producer” shall mean a person who delivers to the market carcases of animals reared or produced on his own farm or property.
[By‑law 29 inserted by Gazette 29 September 1939 p.1702; amended by Gazette 3 May 1955 p.782.]
Milk — Sale and Delivery of
No person shall allow his hands or any part of his body to come in contact with any milk for sale.
31.Vessels and utensils not to be placed in mouth
No person shall apply to his mouth any vessel or utensils which contains milk, or which comes into contact with any milk for sale.
32.Protection of milk from flies and dust
No person shall keep, store, carry, or place or suffer to be kept, stored, carried, or placed any milk for sale or in course of delivery to any customer, so as to be exposed to flies or dust or so as to be accessible to any animal.
33.Protection of vessels from flies and dust
No person shall suffer the interior of any vessel used for containing or for measuring milk to be exposed to flies or dust.
No person shall keep, measure, carry, or deliver any milk for sale, or cause or suffer any such milk to be kept, measured, carried, or delivered in any vessel which is not clean.
35.Vessels with rough edges or surfaces
No person shall use any vessel with rough or torn edges or surface for containing, measuring, or carrying any milk for sale or for delivery to any customer.
36.Storage with or near other substances
No person shall store, keep, or sell milk in any place in which is stored, kept, or sold any kerosene, vegetables, fish, meat (except meat in hermetically sealed tins), or any other substance by which milk is, or is liable to be, contaminated or adversely affected.
37.Use of absorbent material to close vessels
No person shall use or suffer or cause to be used, for closing or for helping to close, any churn, tin, or other vessel containing milk for sale, any rag, canvas, paper, wood, or other absorbent material.
38.Damaged vessels not to be used
No person shall use any vessel unless it is in such a state of repair as to be free from dents which may interfere with the thorough and easy cleansing of such vessel, or in which the tinning has become impaired or defective.
[By‑law 38 was erroneously numbered as 39 in Gazette 8 April 1927, p.984.]
39.Milk sold to vendor to be sealed
(a)A person who consigns or sells milk to a milk vendor shall, prior to the milk being so consigned or so sold cause the cans or other receptacles in which the milk is conveyed to be closed securely by means of a leaden seal or a lock.
(b)A person other than an inspector or the consignee or his agent, who breaks or tampers with the seal or lock is guilty of an offence.
[By‑law 39 inserted by Gazette 20 August 1954 p.1433.]
40.Transfer of milk in public places
No person shall transfer any milk, condensed or concentrated milk or cream from one vessel to another vessel on any street, or any public place, except when transferred to the vessel of the producer for immediate delivery to the customer.
No person shall permit any vessel containing milk or cream for sale to remain in any public place, or in any such position where the contents of such can may be exposed to the heat of the sun.
Every person selling or delivering milk for sale shall cause all cans, bottles or other vessels used in the sale, disposal, or delivery of milk to be effectually cleansed and sterilised before such cans, bottles, or other vessels are again used.
43.Vessels used by person with infectious disease to be sterilised
No person shall permit any vessel which has been handled by any person suffering from any infectious disease to be used to hold or convey milk until such vessel has been thoroughly sterilised, and no person shall remove any can, bottle, or other vessel used for the holding or storage of milk to be removed from any premises at which a case of infectious disease has occurred, until the consent of an inspector has been given.
Providing for the Cleanliness and Freedom from Contamination of Ice‑cream and Ices
44.Ice cream not to be kept in open shed
No person shall manufacture, store, or deposit for sale any ice‑cream or ices, or suffer them to be so manufactured, stored, or deposited in any open shed or enclosed space.
45.Buildings used for ice cream
No person shall manufacture, store, or deposit any ice‑cream or ices for sale or suffer them to be manufactured for sale, stored, or deposited in any room or building —
(a)unless such room or building is provided with tight close‑jointed walls and floors;
(b)unless the internal walls are covered with tiles, smooth iron, or smooth plaster, cement, or wood, painted or colour washed or frequently limewashed;
(c)unless the floors are constructed of cement, concrete, tiles or well smoothed wood;
(d)unless it is well lighted and ventilated;
(e)unless all openings are efficiently protected by gauze screens against the ingress of flies and the entry of dust.
46.Ice cream not to be kept in dwelling room etc.
No person shall manufacture, store, or deposit ice‑cream or ices, or suffer or permit them to be manufactured, stored, or deposited in any dwelling room or in any room communicating directly with a privy or water closet, or stable, or within an apartment used for sleeping, or in any room having an opening communicating directly with any drain or sewer.
No person engaged in the manufacture or sale of ice‑cream or of ices shall suffer his hands or any part of his person to come in contact with any ice‑cream or ices.
48.Unclean vessels not to be used
No person shall manufacture, store, or deposit any ice‑cream or ices in any vessel which is not clean, and every person engaged in the manufacture or sale of ice‑cream or of ices shall at all times maintain all vessels and utensils used for containing or coming in contact with ice‑cream or ices, in a condition of cleanliness.
49.Ice cream not to be re-frozen
No person shall sell any ice‑cream or ices which, after having been once frozen, have run down or melted, and which have been again frozen.
50.Registration of persons making or vending ice cream
(a)Every person making or vending ice‑cream or ices for sale shall before the first day in January of each year make application for registration in the form of Schedule “A” hereto, and upon the granting of such application by the local authority, a certificate in the form of Schedule “B” hereto shall be issued.
(b)No application shall be granted until the premises occupied by the applicant have been inspected, and found to comply with the provisions of these by‑laws.
(c)Every person registered in accordance with this by‑law shall notify the local authority of any intended occupation of other premises than those specified on the certificate of registration.
[By‑law 50 amended by Gazette 12 December 1962 p.3914.]
Sale of Food by Itinerant Vendors
51.Licence to trade as an itinerant vendor
(1)A person shall not engage in trade as an itinerant vendor of food unless he is the holder of a license from the local authority so to do.
(2)Every person desiring to engage in trade as an itinerant vendor of food shall, before so engaging, or if already so engaged then during the first week of January in each year, apply to the local authority in the form of Schedule “C” for a license to carry on such trade, and shall with his application deposit a fee of five pounds.
(3)Upon the granting of an application under this by‑law, a license shall be issued to the applicant in the form of Schedule “D.”
(4)Every license granted under this by‑law shall operate only during the period ending on the 31st day of December next succeeding the date of issue and after the 31st day of December aforesaid shall cease to be of any force or effect.
[By‑law 51 inserted by Gazette 12 December 1962 pp.3914‑5.]
52.Standards for itinerant vendors
Every person engaged in the trade of an itinerant vendor of food —
(a)shall cause all food to be protected from contamination by flies and dust, and all meat, fish or other food that is subject to putrefaction to be protected by refrigeration to the satisfaction of an inspector;
(b)shall not permit any other person to handle or touch any food on his vehicle;
(c)shall maintain his clothing and his person at all times in a clean condition;
(d)shall, whilst plying his trade, have his name legibly and conspicuously displayed on some part of his vehicle, barrow, bag or tray; and
(e)shall, whilst plying his trade, carry with him his license and produce the same to any inspector on demand.
[By‑law 52 inserted by Gazette 12 December 1962 p.3915.]
Aerated Waters, Temperance Drinks, Cordials, and Syrups
53.Registration of persons making or selling aerated water, temperance drinks, etc.
Every person who makes or offers for sale any aerated water, temperance drinks, cordials, and syrups, shall, on the coming into operation of this by‑law, at once apply to the local authority in the form of Schedule “A” hereto for registration, and upon such application being granted shall receive a certificate in the form of Schedule “B.”
54.Persons trading before commencement of by-laws
(a)Every person who, subsequent to the coming into operation of this by‑law, desires to carry on the trade of a maker or vendor of aerated waters, temperance drinks, cordials, and syrups, shall before commencing such trade apply for registration in the same manner as provided in the preceding by‑law.
(b)Every registration effected under this and the preceding by‑law shall operate only during the period ending on the 31st day of December next succeeding the date of issue, and after the 31st day of December aforesaid every such registration shall cease to be in operation.
[By‑law 54 amended by Gazette 12 December 1962 p.3915.]
55.Conditions for premises used for manufacture of aerated water etc.
The occupier of any premises used for the manufacture of aerated waters, temperance drinks, cordials, and syrups, shall comply with the following conditions: —
(a)The floors of such premises shall be of approved construction and materials, and shall have a sufficient fall to a trapped gully or other approved receptacle outside the building, and such floors shall be thoroughly washed down daily.
(b)All yards adjoining, and sheds and outbuildings appurtenant to such buildings shall be kept clean and free from any rubbish, garbage, or offensive material.
(c)All tanks (or other receptacles) in which water is stored, and which is intended to be used in the manufacture, shall be provided with an impervious tightly‑fitting cover, which shall always be kept in position; such tanks or other receptacle shall be emptied and cleansed throughout at least once in every 12 months.
(d)If filtering apparatus of any design is provided for filtering water before use, it must be cleaned and boiled at least once weekly.
(e)Between each time of filling, bottles must be soaked in a trough of water, must be thoroughly cleansed out with a brush, must be well rinsed by being placed in a vertical position over a jet of water, and must be drained after rinsing and before filling.
(f)If bottles are not filled within 24 hours after being cleansed, they must be kept mouth downwards until used.
(g)The water in which water bottles are soaked before they are brush‑cleansed must be changed at least once daily.
(h)No lead pipe shall be used for conveying any part of the material, either gaseous or liquid, which enters into the composition of the cordials, unless it is lined with tin or other approved materials.
(i)Syrups must be stored in well‑made, impervious receptacles, with an impervious tight‑fitting cover.
(j)[Deleted.]
[By‑law 55 amended by Gazette 12 December 1962 p.3915.]
Bake Houses
Every person carrying on the trade of a baker shall, in addition to the foregoing general by‑laws, comply with the following conditions: —
(a)He shall not permit any dog or other animal to be within the bake house.
(b)He shall not permit the bake house to be used for any other purpose than as a bake house.
(c)He shall not permit any person to smoke or expectorate in the bake house.
(d)He shall cause the floor of the bake house to be constructed of granolithic or other impervious material approved and laid in such manner as is approved by local authority.
(e)He shall cause all flour intended to be used in connection with his trade to be so stored as to prevent it being contaminated and be protected from rats and vermin.
Markets
The occupier of any market or portion of any market shall not deposit or permit to be deposited any vegetable or other foodstuffs upon the floor, but all such vegetables and other foodstuffs shall be deposited upon a wooden staging, the under surface of which shall be at least nine inches above the floor, the space between the floor and the staging being entirely open for inspection and cleansing.
Refrigerating Works — Cold Stores
58.Refrigerating works — Cold Stores
(a)The owner, occupier, or manager of any refrigerating works, or cold stores, which are at any time used for the storage of food, shall maintain his premises in a clean condition throughout.
(b)[Deleted.]
(c)He shall not permit any food to be stored on the floor of any chamber.
(d)He shall not receive any unsound meat or offal or offensive material on his premises to be stored, nor shall he permit any such unsound meat, offal or offensive material to remain in any chamber.
(e)He shall not permit the use of any straw upon the floor of any chamber.
(f)He shall not permit any brine tub to be in any chamber.
(g)He shall keep upon the premises duplicate keys of every chamber, and shall on demand by an inspector, permit such inspector to have access to any chamber.
(h)He shall provide means of artificial light, so as to permit efficient inspection of the contents of any chamber.
[By‑law 58 amended by Gazette 12 December 1962 p.3915.]
Hotels, Boarding and Lodging Houses, Restaurants, and Eating Houses and Cooked Meat Shops
Every keeper of any such premises shall cause the premises to be maintained at all times in a clean and sanitary condition.
The keeper of such premises shall provide a sufficient number of approved impervious receptacles with close fitting covers for the reception of food scraps and trade waste, and shall not permit or suffer such food scraps or trade waste to be placed elsewhere than in such receptacles. He shall cause such receptacles to be kept at all times in a clean and wholesome state.
The keeper shall cause the grease trap, where one is provided, to be kept at all times in a sanitary condition and shall cause the trap to be cleansed daily and all grease removed therefrom.
The keeper shall not suffer or permit pigwash to be removed from his premises between the hours of 9 a.m. and 8 p.m., and in cases where food waste is disposed of to contractors, the keeper shall be held responsible that duplicate receptacles are provided for interchange with the full receptacle removed so that those removed shall be replaced by a clean washed and disinfected set.
The keeper shall cause all sanitary conveniences upon or in connection with his premises to be kept at all times in a scrupulously clean condition, and shall provide a plentiful supply of approved deodorant therein.
64.Ablution facilities for staff
The keeper shall provide sufficient means of ablution with clean towels and soap for the use of employees, and he shall be responsible that employees handling food wash their hands before so doing.
65.Sleeping and food preparation areas to be separate
The keeper shall not permit or suffer to be occupied as a sleeping place any room which is in direct communication with any dining room, kitchen or other place used for the preparation or storage of foodstuffs.
[66.Revoked by Gazette 12 December 1962 p.3915.]
The keeper shall cause all foodstuffs to be stored in such a place and manner as to prevent contamination from flies, dust, and vermin.
The keeper shall not suffer to be used in the preparation of food any tinned milks, fruits, jam, or fish, which upon opening show any signs of decomposition, fermentation or alteration in appearance of contents, and no bad eggs or rancid butter shall be used in the preparation of foods.
Employees shall be always cleanly in their person and shall not smoke nor expectorate within any dining room or kitchen appurtenant thereto.
The keeper shall adopt such means as will ensure the destruction of rats and vermin upon his premises and as will prevent their harbourage therein, and shall keep baited and set rat‑traps as directed by the inspector.
71.Drains to be kept in good repair
The keeper shall cause all means of drainage upon or in connection with his premises to be maintained at all times in good repair and efficient action.
The keeper shall cause all sink wastes to be trapped and to discharge over properly trapped gullies or a channel leading to a gully in the open air. No opening to a drain or drain inlet shall be within any kitchen or scullery.
Penalties for Breaches of By‑laws
73.Penalties for breaches of by-laws
Where anything by this part of the by‑laws is directed to be done or forbidden to be done, or where authority is given to any officer to direct anything to be done or to forbid anything to be done, and such act so directed to be done remains undone or such act forbidden to be done is done, in every such case the person making default as to such direction and prohibition respectively shall be deemed guilty of a breach of this part of the said by‑laws. And every person guilty of a breach of this part of the said by‑laws shall be liable, for every offence, besides any costs or expenses which may be incurred in the taking of proceedings against such person guilty of such offence, to a penalty not exceeding twenty pounds for every breach of any such by‑law, or to a penalty not exceeding two pounds for each day during which such breach shall be committed or continued and in addition to such penalty shall be liable to pay to the local authority any expense incurred by such authority in consequence of any breach or non‑observance of any by‑law or in the execution of any work directed to be executed and not so executed.
Schedule “A.”
MAKER OR VENDOR OF ICE CREAM, ICES, AERATED WATERS, TEMPERANCE DRINKS, CORDIALS AND SYRUPS
Form of Application for Registration as . . . . . . . . . . . . . . . . . . . . . .
Name of applicant (in full) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Trade in respect of which application is made . . . . . . . . . . . . . . . . . . . . . .
Situation of premises on which trade is or is to be carried on. . . . . . . . . . .
Signature of Applicant . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Date . . . . . . . . . . . . . . .
Schedule “B.”
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Local Health Authority.
. . . . . . . . . . . . . . . is hereby registered as a 
in respect of premises situate at . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . .
Dated . . . . . . . . . . . . . . . Secretary.
Schedule “C.”
APPLICATION FOR LICENSE AS ITINERANT VENDOR OF FOOD
Name (in full) of applicant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Place of residence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
District in which applicant desires to be licensed . . . . . . . . . . . . . . . . . . . .
Place where vehicle and trade utensils are stored . . . . . . . . . . . . . . . . . . . .
Place where stocks of food for sale is stored . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . .
Dated . . . . . . . . . . . . . . .Signature of applicant.
Schedule “D.”
LICENSE AS ITINERANT VENDOR OF FOOD
. . . . . . . . . . . . . . . of . . . . . . . . . . . . . . . is hereby licensed at an itinerant vendor of food within the Health District of . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . .
Secretary.
Dated . . . . . . . . . . . . . . .
[PART VIII Revoked by Gazette 10 November 1972 p.4338.]
[Heading amended by Gazette 29 March 1983 p.1108.]
Section A. — General.
Section B. — Slaughter‑houses.
Section C. — Piggeries.
Section D. — Artificial Manure Depots.
Section E. — Bone Mills.
Section F. — Places for Storing, Drying, or Preserving Bones, Hides, Hoofs, or Skins.
Section G. — Fat Melting, Fat Extracting, or Tallow Melting Establishments.
Section H. — Blood Drying.
Section I. — Gut Scraping, Gut Spinning, and Preparation of Sausage Skins.
Section J. — Fellmongeries.
Section K. — Manure Works.
Section L. — Wool Scouring Establishments.
Section M. — Fish Curing Establishments.
Section N. — Fish Shops.
Section 0. — Laundries, Cleaning Establishments, and Dye Works.
Section P. — Marine Stores.
Section Q. — Bone Merchants’ Premises.
Section R. — Chemical Works.
Section S. — Flock Factories.
Section T. — Knackeries.
Section U. — Poultry Processing Establishments.
Section V. — Poultry Farming Employing the Caged System Poultry Housing
[Heading amended by Gazette 29 March 1984 p.1108.]
1.Application to carry on offensive trade
(a)Every person who shall apply to a local authority for its consent to establish an offensive trade shall furnish in the form of Schedule “A” hereto a true statement of the particulars therein required to be specified, and shall by advertisement in a newspaper give one month’s notice of his application.
(b)Any person who makes a false statement in connection with any such application shall be guilty of a breach of these by‑laws.
Before the consent of the local authority is given to the establishment of any offensive trade the medical officer shall furnish to the local authority a report in the form of Schedule “B” hereto upon the premises whereon it is proposed to establish such offensive trade.
Every person applying for the registration of premises whereon an offensive trade is carried on shall apply for such registration in the form of Schedule “C” hereto, and with such application he shall tender to the local authority a fee as prescribed in Schedule “D.”
Provided that if the registration for any year shall commence on or after the 1st day of July in any year then the applicant shall be required to pay only one‑half of the prescribed fee.
Upon the registration of any premises whereon an offensive trade is carried on the local authority shall supply to the person who has applied for such registration a certificate in the form of Schedule “E” hereto.
5.Offensive trades not permitted in specified areas
No person shall establish any offensive trade within any portion of the district defined within the boundaries prescribed in Schedule “F” hereto.
6.Premises, fittings etc. to be kept clean and in good repair
Every occupier of any premises upon which an offensive trade is carried on shall cause such premises, together with all drains, fittings, apparatus, machinery, utensils, receptacles, vehicles, tools and appliances to be at all times maintained in a clean condition, good repair, and efficient action.
Every such occupier shall provide upon such premises an ample supply of clean water, together with such fittings as may be required by an inspector for the purpose of making the water supply readily available for use.
8.Ablution facilities for employees
Every such occupier shall provide a sufficient supply of ablutionary appliances for use by his employees, and which may also be used by an inspector.
Every such occupier shall maintain, or cause to be maintained, in a clean condition the internal surface of every wall and the underside of every ceiling or roof, together with all fittings.
[By‑law 9 inserted by Gazette 12 December 1962 p.3915.]
10.Effluent, vapour etc. to be rendered harmless
The occupier of every such premises shall provide, use, and maintain in efficient action appliances capable of effectually destroying or of rendering harmless all offensive effluvia, vapours, or gases arising in any process of his business, or from any material, residue, or other substance which may be kept or stored upon his premises.
Every such occupier shall provide impervious receptacles, provided with airtight coverings which shall be kept closed, of sufficient capacity to receive all offensive and decomposable material and trade refuse produced upon the premises, and all such offensive and decomposable material or trade refuse shall be immediately placed in such receptacles, and the contents thereof shall be removed from the premises at such time and with such frequency as an inspector may direct, but with no less frequency than once in each working day.
No such occupier shall, without the consent in writing of the local authority, at any time after the registration of his premises, make or permit any change or alterations whatever in the premises, and upon contemplating any such change or alterations shall give notice thereof to the local authority.
13.Storage of offensive materials
Every such occupier shall cause all materials received upon his premises for the purpose of his trade which are offensive, or capable of becoming offensive, to be so stored as to prevent the creation of a nuisance.
14.Floor to be impervious, drained etc.
The occupier of every premises whereon any of the offensive trades specified hereunder are carried on shall cause the floor of his premises to be properly paved and drained with impervious materials; such floor shall have a smooth surface, and with a fall to a surface gutter in such a way that all liquids falling upon such floor shall be conducted by such gutter to a drain inlet situated outside the building wherein the floor is situated: —
Slaughter‑houses.
Piggeries.
Bone mills.
Places for storing, drying, or preserving bones, hides, hoofs, or skins.
Fat melting, fat extracting or tallow melting establishments.
Blood drying.
Gut scraping, gut spinning, and preparation of sausage skins.
Wool‑scouring establishments.
Laundries.
Cleaning establishments and dye works.
Places for boiling tripe, ox feet, and trotters, and extracting oil.
Soap and candle works.
Every occupier of any premises whereon any of the offensive trades specified hereunder are carried on shall cause all liquid refuse, before being discharged into any drain inlet from any part of his premises, to be cooled to a temperature not exceeding 27 degrees Celsius and to be further directed to such screening or purifying treatment as the local authority may from time to time direct: —
Slaughter‑houses.
Bone mills.
Fat melting, fat extracting, or tallow melting establishments.
Gut scraping, gut spinning, and preparation of sausage skins.
Wool-scouring establishments.
Fish shops.
Laundries.
Cleaning establishments and dye works.
Places for boiling tripe, ox feet, and trotters, and extracting oil.
Soap and candle works.
[By‑law 15 amended by Gazette 21 December 1973 p.4675.]
16.Local authority may impose conditions
Every such occupier of any premises whereon an offensive trade is carried on shall comply with such other conditions as may be imposed upon and notified to him from time to time by the local authority, including the paving and draining of his premises or any part thereof, whether included under the provisions of by‑law 14 or otherwise.
Where in any by‑law contained in this Part any duty is thrown upon the occupier of any offensive trade premises, the by‑law shall be interpreted to include employees of any such occupier, and any such employee committing a breach of these by‑laws shall be liable to the same penalties as if he were the occupier.
In addition to the foregoing by‑laws, the occupier of any premises whereon any offensive trade is carried on shall comply with any other by‑laws in this Part which apply to the particular trade carried on by him.
Penalties for Breaches of By‑laws
19.Penalties for breaches of by-laws
Where anything by this Part of the by‑laws is directed to be done or forbidden to be done, or where authority is given to any officer to direct anything to be done or to forbid anything to be done, and such act so directed to be done remains undone or such act forbidden to be done is done, in every such case the person making default as to such direction and prohibition respectively shall be deemed guilty of a breach of this Part of the said by‑laws. And every person guilty of a breach of this Part of the said by‑laws shall be liable, for every such offence, besides any cost or expenses which may be incurred in the taking of proceedings against such person guilty of such offence, to a penalty not exceeding twenty pounds for every breach of any such by‑law, or to a penalty not exceeding two pounds for each day during which such breach shall be committed or continued, and in addition to such penalty shall be liable to pay to the local authority any expense incurred by such authority in consequence of any breach or nonobservance of any by‑law, or in the execution of any work directed to be executed and not so executed.
Schedule “A.”
APPLICATION FOR CONSENT TO ESTABLISH AN OFFENSIVE TRADE
To the Local Health Authority,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I, . . . . . . . . . . . . . . . , hereby make application for consent to the establishment of an offensive trade of the nature and upon the premises as set out hereunder. As required by the provisions of the Health Act 1911, plans and specifications of the buildings proposed to be used or erected in connection with such trade are submitted herewith: —
Nature of offensive trade . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Premises proposed to be used. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Application advertised (state name of newspaper and date of publication) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Signature of applicant . . . . . . . . . . . . . . .
Address . . . . . . . . . . . . . . .
Dated . . . . . . . . . . . . . . .
Schedule “B.”
Application for Establishment of an Offensive Trade
CERTIFICATE OF MEDICAL OFFICER OF HEALTH
I . . . . . . . . . . . . . . . , Medical Officer of Health to the local health authority, do hereby certify that I have inspected the premises situated . . . . . . . . . . . ., and proposed to be utilised for . . . . . . . . . . . . . . . , an offensive trade, and I further certify that in my opinion such premises are in every way suitable for such trade, and that due and proper provision has been made for the observance of the provisions of the Act, and of the bylaws.
Dated this . . . . . . . . . . . . . . . day of . . . . . . . . . . . . . . . , 19 .
. . . . . . . . . . . . . . . . . . . . . . . . . . . .
Medical Officer of Health.
Schedule “C.”
APPLICATION FOR ESTABLISHMENT OF AN OFFENSIVE TRADE PREMISES
I, . . . . . . . . . . . . . . . , hereby make application for the registration of the premises specified hereunder, for the purpose of the trade of . . . . . . . . . . . . . . for the year ended 31st December, 19 , and deposit herewith the sum of . . . . . . . . . . . . . . . as registration fee in accordance with the by‑laws: —
Situation of premises in respect of which registration is sought . . . . . .
Signature of Applicant . . . . . . . . . . . . . . .
Address . . . . . . . . . . . . . . . . . . . . . . . . . .
Dated . . . . . . . . . . . . . . .
Schedule “D.”
FEES TO BE PAID ON APPLICATION FOR REGISTRATION OF OFFENSIVE TRADE PREMISES
|
In respect of: |
£ |
s. |
d. |
|
Slaughter‑houses . . . . . . . . . . . . . . . . . . . . . . . . . . . |
|
|
|
|
Fellmongeries . . . . . . . . . . . . . . . . . . . . . . . . . . . . |
|
|
|
|
Chemical works . . . . . . . . . . . . . . . . . . . . . . . . . . . |
|
|
|
|
Cleaning establishments and dye works . . . . . . . . . |
|
|
|
|
Soap and candle works . . . . . . . . . . . . . . . . . . . . . |
|
|
|
|
Bone mills . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . |
|
|
|
|
Manure works . . . . . . . . . . . . . . . . . . . . . . . . . . . . |
|
|
|
|
Wool scouring establishments . . . . . . . . . . . . . . . . |
|
|
|
|
Fish curing establishments . . . . . . . . . . . . . . . . . . |
|
|
|
|
Flock factories . . . . . . . . . . . . . . . . . . . . . . . . . . . . |
|
|
|
|
Any other trade not specified above . . . . . . . . . . . |
|
|
|
Schedule “E.”
CERTIFICATE OF REGISTRATION OF AN OFFENSIVE TRADE
This is to certify that . . . . . . . . . . . . . . . is registered as the occupier of premises situate at . . . . . . . . . . . . . . . in which the trade of . . . . . . . . . . . . is carried on.
This registration expires on the 31st December next.
. . . . . . . . . . . . . . . . . . . . . . . . . . . .
Secretary.
Dated . . . . . . . . . . . . . . .
Every occupier of a slaughter‑house shall observe the following conditions: —
(a)He shall not permit animals awaiting slaughter to be within sight of the killing pen during the period slaughtering is in progress.
(b)He shall provide all animals awaiting slaughter with an ample supply of drinking water, at all time accessible to such animals.
(c)He shall conduct the slaughtering of animals in a humane manner.
(d)He shall cause all utensils and instruments used in the slaughtering or dressing of carcases to be at all times kept clean, and shall when so ordered by an inspector cause any such utensils or instruments to be sterilised by boiling.
(e)He shall cause the killing pen to be hosed down after each killing.
(f)He shall cause every dressed carcase to be hung so that every portion thereof is at least 450 millimetres above the floor.
(g)He shall not permit any but clean water to be used in the dressing of carcases.
(h)He shall cause all viscera to be left either attached to or in such proximity to the carcase, of which it formed a portion, as will sufficiently indicate the relationship of the one to the other, or unless other means of identification are provided, to the satisfaction of an inspector.
(i)He shall cause none but clean white cloths to be used in wiping down any carcase.
[By‑law 1 amended by Gazette 21 December 1973 p.4675.]
Every such occupier shall cause sufficient means of ventilation to be provided in or in connection with the premises and shall keep such at all times in proper order and efficient action, and so that the ventilation shall be by direct communication with the external air.
3.Removal of hides, fat and offal
Every such occupier shall cause the hides or skins, fat and offal of every animal slaughtered on the premises to be removed from the slaughter‑house within 24 hours after the completion of the slaughtering of such animal.
No person shall erect any privy or urinal within thirty metres of any slaughter‑house.
[By‑law 4 amended by Gazette 21 December 1973 p.4675.]
5.Keeping of animals intended for human consumption
The occupier of any slaughter‑house shall not permit any animal, the flesh of which is intended for human consumption, to be kept for a longer period than six hours on any portion of the premises which is within thirty metres of the killing pen, or any other portion of the premises used for the dressing or storage of carcases.
[By‑law 5 amended by Gazette 21 December 1973 p.4675.]
No such occupier shall permit any animal to be kept within thirty metres of the premises.
[By‑law 6 amended by Gazette 21 December 1973 p.4675.]
7.Animals and carcasses to be inspected
No such occupier shall slaughter or allow to be slaughtered on his premises any animal, nor shall any such occupier remove or permit to be removed from his premises the carcase of any slaughtered animal or part thereof, unless and until such animal or carcase, as the case may be, is previously inspected by an inspector.
Every such occupier shall comply with such special precautions in the slaughtering of any animal as an inspector, as the result of an ante mortem inspection, shall direct.
No such occupier shall slaughter any animals except between the hours of. . . . . . . . . . a.m. and . . . . . . . . . . p.m.
For the purpose of this section of these by‑laws, the term “piggery” shall include any portion of the premises to which pigs have access.
2.Distance from other premises
No premises shall be registered as a piggery unless every portion of such piggery is at least thirty metres distant from any street or thoroughfare, and at least sixty metres distant from any dwelling‑house or dairy, or other premises wherein food is prepared for sale.
[By‑law 2 amended by Gazette 21 December 1973 p.4675.]
The occupier of every piggery shall provide either sties and enclosures or enclosures within which his pigs shall be kept, and such sties and enclosures, or such enclosures shall comply with the conditions hereinafter specified.
(a)Where sties and enclosures are provided, the floor of every sty shall be properly paved with impervious materials, and every such floor shall have sufficient fall to a surface gutter, which shall be constructed of similar materials, and shall be not less than 300 millimetres wide and seventy‑five millimetres deep in the centre of its width, and shall extend the whole length of the sty, and have sufficient fall so that it shall discharge all liquids falling upon the floor or upon the gutter into an impervious sump of sufficient capacity to receive at least one day’s drainage.
(b)Where enclosures only are provided, then the fences of such enclosures shall be movable, and the fences shall be moved and re‑erected so as to enclose a new site at such times as may be directed by an inspector.
[By-law 3 amended by Gazette 14 April 1966 p.916; 21 December 1973 p.4675.]
(a)The occupier of any piggery shall not permit any slaughtering of animals on his premises, nor shall he receive on his premises any carcase or part of a carcase of a diseased animal and he shall not feed his pigs upon the flesh or offal of diseased animals.
(b)He shall not receive, or suffer or permit to be received on such premises putrid matter for any purpose.
(c)He shall cause all readily putrescible pig‑feed that may be brought upon such premises to be immediately deposited in cooking vessels, which he shall cause to be maintained at such a temperature as to prevent their contents from putrefying, and shall not remove or permit or suffer such contents to be removed, except to the feeding troughs.
(d)He shall not receive, or suffer, or permit to be received on such premises any kitchen, slaughter‑house, or butcher’s wastes or other putrescible pig feed unless such materials are contained in galvanised iron receptacles fitted with airtight covers.
Every such occupier shall securely fence all his enclosures, and shall provide in each such enclosure sufficient shelter sheds to afford proper shelter for all the pigs that may at any one time be kept in any such enclosure.
Every such occupier shall provide a sufficient and constant supply of clean water, which shall be properly protected against pollution, and be always available for cleansing purposes.
(a)Every such occupier shall provide feeding trough —
(i)Where sties and enclosure are provided under the provisions of by‑law 3 (a), then in every sty, situated near to the drainage gutter, or in such a position as to be accessible to the pigs in two or more sties or enclosures;
(ii)where sties and enclosures are provided under provisions of by‑law 3 (b), then in each such enclosure.
(b)He shall cause all feeding troughs, other than those provided in connection with movable enclosures, to be fixed upon a cement floor extending 1.2 metres in all directions from such trough, the whole to be so situated as to permit of being readily drained.
(c)He shall not permit his pigs to be fed otherwise than at the feeding troughs provided in accordance with this by‑law.
(d)He shall cause all feeding troughs provided to be of a pattern which can be readily cleansed.
(e)Notwithstanding the provisions of paragraphs (a), (b), (c) and (d) of this by‑law, where pigs are kept continually confined in fully enclosed pens, floor feeding with pellets or dry meal shall be permitted, in which case feeding troughs are not required to be provided.
[By‑law 7 amended by Gazettes 14 April 1966 p.916; 21 December 1973 p.4675.]
Section D. — Artificial Manure Depots.
“Artificial manure” shall mean any manure or fertiliser prepared by any artificial process.
2.Buildings to be non-absorbent material
The occupier of an artificial manure depot shall not permit any artificial manure to be kept or stored in such premises, except in a building the walls, floors, and ceilings, or undersides of the roof of which are constructed of durable and nonabsorbent materials finished internally with a smooth surface.
3.Control of dust and effluent
Every such occupier shall cause every precaution to be taken to prevent at all times emission of dust or offensive or noxious effluvia from every building on his premises.
4.Artificial manure to be packed
Every such occupier shall cause all artificial manures received at or despatched from his premises to be previously packed in such a manner as to prevent any nuisance arising therefrom during transit.
Bone manure shall mean manure wholly or partially prepared from bone.
2.Buildings to be of non-absorbent material
No occupier of a bone mill shall permit any bones to be dealt with upon his premises unless such process is wholly conducted within a building the walls, floors and ceilings, or roof whereof are constructed of durable and non‑absorbent materials, finished internally with a smooth surface.
3.Control of dust and effluent
(a)Every such occupier shall cause all milling processes to be conducted in airtight casings, and the products of the milling to be conveyed to airtight receivers or sound bags through airtight shoots or conveyors.
(b)He shall cause every precaution to be taken to prevent at all times the emission of dust or offensive or noxious effluvia from every building on his premises.
(a)Every such occupier shall cause all bones and bone manure received or produced upon his premises to be stored in such a manner and in such a position as to prevent, as far as practicable, the emission of noxious or offensive effluvia therefrom.
(b)He shall cause all bones or bone manure received or despatched from such premises to be previously packed in such a manner as to prevent any nuisance arising therefrom during transit.
Section F. — Places for Storing, Drying, or Preserving Bones, Hides, Hoofs, or Skins
Every occupier shall cause all materials which have been received upon the premises where his trade is carried on to be stored in such a manner and in such a situation as to prevent, as far as practicable, the emission of noxious, offensive, or injurious effluvia therefrom.
Section G. — Fat Melting, Fat Extracting, or Tallow Melting Establishments
The occupier of any premises on which the trade of fat melting, fat extracting or tallow melting is carried on shall provide covers to the apparatus in which the melting or extracting is carried on; such covers shall be of iron, and be at all times kept in position on the apparatus except when the cover is removed for the purpose of emptying, filling, or cleansing the apparatus.
Every such occupier shall cause every wall within a radius of 10 feet of the melting or extracting apparatus to be covered with impervious material and all parts of the boiling or other apparatus shall be composed or covered with some approved impervious material.
(a)Every occupier of premises used for blood drying shall cause all the blood which has been received upon the premises where his trade is carried on, and which is not required for immediate use, to be stored in such a manner and in such a situation as to prevent the emission of offensive or injurious effluvia therefrom.
(b)He shall cause all blood brought upon his premises to be brought in closed vessels or receptacles constructed of galvanised iron or other nonabsorbent material.
(c)He shall also cause every process of his business to be carried on in a building paved with impervious material, and having walls covered to a height of at least 1.8 metres with hard, smooth, and impervious material.
[By‑law 1 amended by Gazette 21 December 1973 p.4675.]
Section I. — Gut Scraping, Gut Spinning and Preparation of Sausage Skins
1.Storage and treatment of undried guts
(a)Every gut scraper shall cause all undried guts, which have been received upon the premises where his trade is carried on, and which are not required for immediate use, to be placed in suitable vessels or receptacles, properly constructed of galvanised iron, or some other non‑absorbent material, and furnished with closely fitting covers.
(b)He shall cause the several vessels or receptacles in which the guts have been placed to be covered, and to be kept covered until it becomes necessary to remove the contents for actual use.
(c)He shall also cause all undried guts to be treated immediately upon arrival at his premises with an approved deodorant solution.
2.Floors to be cleaned and deodorized
Every gut scraper shall, at frequent intervals during every working day cause every floor or pavement upon the premises where his trade is carried on to be thoroughly swept and to be copiously sprinkled or washed with an approved deodorant solution.
3.Tables and utensils to be cleaned
Every gut scraper shall at the close of every working day cause every bench or table, every tub, vessel, or utensil, and every implement which has been in use during the day upon the premises where his trade is carried on, or which is in a foul or offensive condition, to be thoroughly cleansed with water containing an approved deodorant.
4.Walls and surfaces to be cleaned
Every gut scraper shall, at the close of every working day, cause all filth or refuse which has been splashed upon any part of the internal wall surface of any building upon his premises where his trade is carried on, to be removed by scraping or by some other effectual means.
In the construction of this section of these by-laws, unless the context otherwise requires —
(a)“fellmonger” shall mean a person who buys or receives skins and prepares them for any subsequent use.
2.Useless skin to be disposed of
A fellmonger shall not cause or suffer any skin which by reason of decomposition has become useless for the purpose of leather dressing to be kept for a longer time than may be necessary in any part of the premises where his trade is carried on.
Every fellmonger shall cause the supply of water in every tank or other receptacle upon the premises where his trade is carried on, for the washing or soaking of any skins, to be removed as often as may be necessary to prevent the emission of offensive or injurious effluvia from the contents of the tank or other receptacle.
(a)Every fellmonger shall cause every tank or other receptacle used upon his premises where his trade is carried on, for the washing or soaking of any skin, and not being a liming pit, to be emptied at least once every day.
(b)He shall cause every part of the tank or other receptacle, when emptied, to be thoroughly cleansed, and shall cause all filth which has been removed therefrom to be forthwith conveyed from the premises in suitable vessels or receptacles furnished with closely fitting covers.
Every fellmonger shall cause all waste lime which has been taken out of any pit upon the premises where his trade is carried on, to be forthwith deposited in approved vessels or receptacles, or in a properly constructed cart or carriage, which, when filled or loaded, shall be covered in such a manner as to prevent the emission of offensive or injurious effluvia from the contents thereof, and shall, with all reasonable despatch, be removed from the premises.
Every occupier of a manure works shall store the manure which may be received or manufactured or prepared upon the premises where his trade is carried on in such a manner and in such a situation as to prevent the emission of noxious or offensive effluvia therefrom, or so as to be a nuisance or injurious to health.
[2.Revoked by Gazette 12 December 1962 p. 3915.]
Section L. — Wool Scouring Establishments
In this section of these by‑laws the expression “wool scouring establishment” shall include a place where wool is received for the purpose of being cleansed.
2.Proximity to water supply, dwelling houses
The premises shall not be situated upon the catchment area of any water supply, nor in the neighbourhood of any fresh‑water river, stream water‑course, lake, well, or reservoir, and must be at least thirty metres distant from any dwelling‑house or place where food intended for human consumption is prepared or stored.
[By-law 2 amended by Gazette 21 December 1973 p.4675.]
Section M. — Fish Curing Establishments
(a)A fish curer shall not suffer or permit any decomposing fish to be kept on the premises where his trade is carried on for a longer period than is reasonably necessary.
(b)He shall cause all such decomposing fish to be deposited in galvanised iron or other impervious receptacles furnished with airtight covers, and kept securely covered until removed from the premises.
Every occupier of a fish curing establishment shall, when so ordered by an inspector, limewash such portion of the premises as he is directed so to do.
The occupier of every fish shop shall cause the fireplace in any room in which the cooking of fish is carried on, to be so constructed that all the vapours and effluvia of such cooking shall be carried direct into a chimney flue of sufficient sectional area; or shall carry out such cooking under a hood provided with ventilating pipe commencing at the uppermost extremity of such hood, and discharging direct into the open air, or into an existing chimney.
The occupier of every fish shop shall cause the chimney shaft or ventilating pipe from such room to be carried up at least 10 feet above the level of the roofs of the adjoining houses.
3.Decomposing fish to be removed
The occupier of a fish shop shall not permit any decomposing fish to be kept on any part of the premises where his trade is carried on.
The occupier of every fish shop shall provide a room wherein all cleaning of fish shall be carried out, and such room shall comply with the provisions of by‑law 14, section “A” hereof.
Section O. — Laundries, Cleaning Establishments and Dyeworks
Every occupier of a laundry, cleaning establishment, or dye‑works shall cause all the liquid wastes produced upon the premises where his trade is carried on to be collected and conducted by impervious channels or drains to a trapped drain inlet, or some other approved receptacle, or such liquid wastes shall be disposed of as the inspector may direct.
2.Floor and walls to be non-absorbent
(a)Every such occupier shall cause every floor or pavement, and every wall of any building upon the premises where his trade is carried on to be kept at all times in good order and repair so as to prevent the absorption therein of any liquid which may be splashed or spilled, or may fall or be deposited thereon.
3.Discharging water from the mouth
No occupier of a laundry nor any of his employees shall, in the damping or sprinkling of articles preparatory to the ironing thereof, sprinkle or damp the articles by discharging water from the mouth.
Every occupier of a laundry or cleaning establishment or dyeworks shall provide a reception room in which all articles brought to the premises for laundrying or cleaning or dyeing, shall be received, and the occupier shall not permit such reception room to be used for the storage, either temporarily or otherwise, of any food; nor shall he use or suffer or permit any person to use for sleeping purposes any of the workrooms of the premises.
5.Wood gratings to be provided
Every such occupier shall provide on top of the impervious floor, and for a width of 900 millimetres in front of any washing troughs or washing machines, a wooden grating of such height as will prevent the employees from standing upon such floor.
[By‑law 5 amended by Gazette 21 December 1973 p.4675.]
6.Articles to be disinfected if directed by inspector
Every occupier of a laundry or cleaning establishment or dyeworks shall cause such articles as may be directed by an inspector to be thoroughly disinfected to the satisfaction of that officer.
The occupier of every marine store shall comply with the following conditions as regards those premises: —
(a)The yards shall be enclosed with a close fence, at least 2.4 metres in height; any gates required to give access to the yards shall also be 2.4 metres in height.
(b)The walls of the building used for the purpose of the trade shall be constructed of stone or brick, and the internal surfaces of all walls above the floor or pavement shall be smoothly rendered with good Portland cement mortar, or where approved by the local authority, of galvanised iron.
[By‑law 1 amended by Gazette 21 December 1973 p.4675.]
Sufficient provision for ventilation shall be made by suitable openings in the roof, or otherwise, and every room in the building shall be properly connected with one or more of the aforementioned openings.
Section Q. — Bone Merchants’ Premises
[Heading amended by Gazette 29 March 1985 p.1108.]
(a)Every bone merchant shall cause all materials which have been received upon the premises where his trade is carried on to be stored in such a manner and in such a situation as to prevent the emission of noxious or offensive effluvia therefrom, or so as to be a nuisance or injurious to health.
[(b)deleted.]
[By‑law 1 amended by Gazette 29 March 1985 p.1108.]
1.Storage of material; disposal of gas
The occupier of a chemical works shall —
(a)store all material awaiting treatment, all material in the course of preparation, and all prepared material awaiting distribution in such a way as not to be a nuisance;
(b)collect and dispose of all gases produced in the works in such a way as to render such gases inoffensive, as far as practicable, and so as to prevent a nuisance occurring from such gases.
1.Removal and collection of dust
The occupier of a flock factory shall —
(a)adopt effective means to immediately remove all dust escaping from the machinery and material, and such dust shall not be allowed to escape into the air;
(b)adopt effective means of collecting all dust so removed, and disposing of it in such a way that it shall neither be a nuisance nor escape into the air.
[(c)deleted.]
[By‑law 1 amended by Gazette 29 March 1985 p.1108.]
[2‑6. Deleted by Gazette 29 March 1985 p.1108.]
The occupier of a flock factory shall —
(a)adopt effective means to immediately remove all dust escaping from the machinery and material, and such dust shall not be allowed to escape into the air;
(b)adopt effective means of collecting all dust so removed and disposing of it in such a way that it shall neither be a nuisance nor escape into the air;
(c)effectively cleanse and boil for thirty (30) minutes all second‑hand clothing and used materials to be used for the manufacture of flock.
[By‑law 7 inserted as by‑law 6 by Gazette 2 July 1937 p.1078.]
[Heading inserted by Gazette 20 December 1946 pp.1575‑6.]
For the purposes of this section of these by‑laws the term “knackery” shall include any premises or portion thereof on which equine stock is slaughtered or held for slaughter, but shall not include any reserve or portion thereof used for zoological purposes.
2.Proximity to streets and other premises
No premises shall be registered as a knackery unless every portion of such knackery is at least thirty metres distant from any street, or thoroughfare and at least sixty metres distant from any dwelling house or dairy or other premises wherein food is prepared for sale.
[By‑law 2 amended by Gazette 21 December 1973 p.4675.]
Every occupier of a knackery shall cause sufficient means of ventilation to be provided in, or in connection with the premises, and shall keep such at all times in proper order and efficient action, so that the ventilation shall be by direct communication with the external air.
The occupier of a knackery shall provide a killing pen in which all slaughtering shall be conducted and such pen shall comply with the following conditions: —
(a)The floor shall be constructed of concrete not less than 230 millimetres in thickness trowelled to a smooth surface, with a fall to a surface gutter in such manner that all liquids falling on such floor shall be conducted by such gutter to a drain inlet situated outside the building. Suitable provision for the final disposal of such liquids shall be made to the satisfaction of the inspector.
(b)It shall have a floor area of not less than fourteen square metres.
(c)The walls shall be not less than three metres in height constructed of brick or concrete, with the inner face rendered in cement and trowelled to a smooth surface.
(d)The roof shall be of galvanised corrugated iron provided with guttering and down pipes and provision shall be made to carry storm water clear of the building.
[By‑law 4 amended by Gazette 21 December 1973 p.4675.]
Fly Proofing. — When required to do so by an inspector the occupier shall provide self‑closing fly‑proof doors and cover all external openings in the killing pen with fly‑proof gauze wire.
6.Vehicles used to transport horseflesh
No person shall use a vehicle for the transport of horseflesh unless such vehicle conforms with the following conditions: —
(i)The vehicle shall be completely enclosed so as to protect the horseflesh from flies.
(ii)The vehicle shall be constructed of wood or metal and all internal surfaces shall be finished to a smooth face.
7.Vehicles not to be used to transport food for human consumption
No person shall use for the transport of food intended for human consumption any vehicle which is used for the transport of horseflesh.
8.Incineration of offal and refuse
The occupier of a knackery shall provide an incinerator, plans and specifications of which shall be submitted to and approved of by the Commissioner, in which all inedible offal and refuse shall be treated so as to render it innocuous, inoffensive and noninjurious to health.
Water Supply. — The occupier of a knackery shall provide a wholesome water supply to the satisfaction of the local authority.
The occupier of a knackery shall not slaughter any equine stock at any time on a Sunday or on any other day except between the hours of 8 a.m. and 5 p.m.
Section U. — Poultry Processing Establishments
[Section U inserted by Gazette 12 December 1962 pp.3916‑7.]
The occupier of every poultry processing establishment shall cause all operations in connection with the killing, dressing, preparation, processing or packing of poultry for sale for human consumption to be carried out in an enclosed building which shall comply with the following conditions: —
(a)Every portion of the building is adequate in size for the operations conducted therein.
(b)The internal surfaces of all walls are finished with an impervious material to a height of not less than 1.8 metres.
(c)All walls are not less than 2.7 metres in height, measured from the floor to the ceiling (or to the top of the plate).
(d)All floors are of cement, finished to an even surface with a fall of 1 in 20 to a surface gutter in such a way that all liquids falling upon the floor are conducted by the gutter to a sedimentation trap and drain inlet situated outside the building wherein the floor is situated.
(e)All floors are coved to the walls. The bottom plate of timber‑framed walls rests upon a brick‑on‑edge or concrete plinth to facilitate coving.
(f)All doors of packing rooms are self‑closing.
(g)In all ceiled rooms where condensation occurs a metal hood or canopy is provided over every vat or tub of hot water; the hood is at least equal in compass to the upper surface of the vat or tub; the underside of the hood is not more than two metres above the floor level; the hood is connected to a metal flue not less than 150 millimetres in diameter which discharges in the open air.
(h)The upper surface of every bench, table, shelf, rack or counter used in processing poultry is constructed of smooth, impervious non‑corrodible material.
(i)The intensity of light on every working surface is no less than 320 lumens per square metre at any time when the surface is in use and artificial light in compliance with this standard is provided and used whenever the natural lighting is less than 320 lumens per square metre in intensity.
[By‑law 1 amended by Gazette 21 December 1973 p.4675.]
The occupier shall provide for use by himself and all employees sanitary accommodation connected to —
(a)a deep sewerage system; or
(b)a system for the bacteriolytic treatment of sewage.
3.Storage of employees’ clothing
The occupier shall provide facilities for storing employees’ outdoor clothing in a room that is separated from any room used for the processing of poultry by a wall or walls extending from floor to ceiling or to the top plate level.
Running water shall be provided for the washing of every poultry carcass, and adequate facilities, including hot water and sinks, shall be provided for the cleansing of apparatus, instruments, utensils, appliances, receptacles and containers.
5.Floor and walls to be cleaned
The floors and walls of all rooms shall be thoroughly cleansed at the close of each day’s work.
Every portion of such building shall be maintained free from flies and vermin, and cats and dogs shall be excluded.
7.Suspension of poultry for bleeding
Poultry for bleeding shall be suspended so that no part of any bird is closer to the floor than 300 millimetres.
[By‑law 7 amended by Gazette 21 December 1973 p.4675.]
The water in scald tanks shall be changed as often as necessary for the maintenance of reasonably clean conditions in the scald tanks and in no case shall be changed less than once daily.
9.Poultry not to be placed on floor
No person shall place on the floor any dressed poultry or poultry in course of being dressed, or any edible offal.
(1)The packing of dressed poultry shall not be carried out in the same portion of the premises in which killing, scalding, plucking or eviscerating takes place except where such packing is done at a different time to those operations and only after the plant and premises have been thoroughly cleaned.
(2)In any case, the portion of the premises that is used for packing must be ceiled with material providing a smooth washable surface and must be fly‑proof.
The occupier shall not permit the dry plucking of poultry.
12.Other operation not to be carried on
The occupier shall not carry out on the premises any operations unconnected with poultry processing unless such operations are separated from every room used for poultry processing by an unbroken wall extending from floor to ceiling or top plate level.
Section V. — Poultry Farming Employing the Caged System of Poultry Housing
[Heading inserted by Gazette 7 March 1969 p.770.]
For the purpose of this section of these by‑laws “caged system of poultry housing” means any method of poultry farming in which series of nesting boxes, cages, or similar devices are used to confine laying hens for intensive laying or the rearing and fattening of poultry.
No person shall, after the coming into operation this section, establish a poultry farm employing the caged system of poultry housing on any premises unless —
(a)any buildings used for housing poultry are not less than thirty metres from a street or thoroughfare, dwelling house, dairy or premises wherein food is prepared for sale and not less than six metres from boundaries of land not in the same ownership or possession;
(b)any building used for the caged system of poultry housing is erected on a site where the highest known water table is at least 760 millimetres below natural ground level.
[By‑law 2 amended by Gazette 21 December 1973 p.4675.]
The occupier of a poultry farm which uses the caged system of poultry housing shall dispose of all poultry carcasses by one of the following methods —
(a)incineration of the carcasses in all incinerator approved by the local authority;
(b)burial of the carcasses; or
(c)by some other means approved by the local authority.
1This is a compilation of the Model By‑laws Series “A” and includes the amendments referred to in the following Table.
|
Citation |
Gazettal |
Commencement |
|
Model By‑laws Series “A” |
17 Jul 1963 pp.1967-2042 |
|
|
Erratum |
29 Aug 1963 p.2557 |
|
|
|
7 Nov 1963 p.3413 |
|
|
|
20 Mar 1964 p.1655 |
|
|
|
16 Jun 1964 p.2405 |
|
|
|
8 Jan 1965 p.1 |
|
|
|
23 Jun 1965 p.1827 |
|
|
|
14 Apr 1966 p.916 |
|
|
|
12 Oct 1967 p.2865 |
|
|
|
30 Jul 1968 p.2204 |
|
|
|
28 Nov 1968 p.3456 |
|
|
|
17 Dec 1968 pp.3869‑70 |
|
|
|
7 Mar 1969 p.770 |
|
|
|
13 Aug 1969 p.2328 |
|
|
|
18 Aug 1971 pp.3027‑30 |
|
|
|
7 Sep 1971 p.3280 |
|
|
|
10 Nov 1972 p.4338 |
|
|
|
21 Dec 1973 pp.4672‑5 |
|
|
Erratum |
11 Jan 1974 p.60 |
|
|
|
22 Mar 1974 p.931 |
|
|
|
24 May 1974 p.1612 |
|
|
|
29 Mar 1985 p.1108 |
|
|
Model By‑laws — Series “A” Amendment By‑laws 1994 |
25 Nov 1994 pp.5924‑42 |
25 Nov 1994 |
2Now Health Act 1911
3Now Factories and Shops Act 1963
4Effective on and after 1 January 1969
5i.e. s.335 of the Act as reprinted pursuant to the Amendments Incorporation Act 1938, and incorporating the amendments to and including No. 21 of 1944. This section has since been renumbered as s.344 in the reprint of the Act contained in Vol. 3 of the Reprinted Acts (1950).
6i.e. s.241 of the reprint of the Act contained in the Appendix to the Sessional Volume of Statutes for the year 1931. See now s.285 of the reprint of the Act contained in Vol. 3 of the Reprinted Acts (1950).
7See also Private Hospitals Regulations: Gazette 9 February 1945 pp.172‑5.]
[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]
Defined termProvision(s)
bed1(1)
bed linen30(2)
Bone manure1
Building Code1(1)
bunk1(1)
Dairy Cattle1
Dairyman1
dormitory1(1)
flat4A(1)
habitable room35(3)
keeper1(1)
laundry unit4A(1), 10(3)
lodger1(1)
lodging‑house1(1)
manager1(1)
office1BB(12)
recreational campsite1(1)
register of lodgers1(1)
resident1(1)
serviced apartment1(1)
short term hostel1(1)
Stockyard1
vectors of disease1(1)
Vendor1