Document ID: chunk:federal_register_of_legislation:F2018N00131:body:0:p12
Version: federal_register_of_legislation:F2018N00131
Segment Type: other
Provision Reference: 
Character Range: 29826–32486

metres of any house.

Maintenance of guttering and downpipes and disposal of rainwater
3.1.3 The owner or occupier of a house shall;
(a) maintain all guttering, downpipes and drains on the premises in a good state of repair, clean and free from obstructions; and
(b) not permit any rainwater from the premises to discharge onto or over a footpath, street or other property.
Division 2—Ventilation of Houses

Exemption for short term hostels and recreational campsites
3.2.1 This Division shall not apply to short term hostels and recreational campsites referred to in Division 2 of Part 8 of the Public Health Act (WA) (CI) 2016 being Registration of Registrable Activities.

Overcrowding
3.2.2 The owner or occupier of a house shall not permit;
       (a) a room in the house that is not a habitable room to be used for sleeping purposes; or
       (b) a habitable room in the house to be used for sleeping purposes unless—
(i) for every person over the age of 10 years using the room there is at least 14 cubic metres of air space per person; and
(ii) for every person between the ages of 1 and 10 years there is at least 8 cubic metres of air space per person; or
(iii) any garage or shed to be used for sleeping purposes.

Calculated sufficient space
3.2.3 For the purpose of calculating the space required for each person;
(a) each room shall be considered separately and sufficient space shall be allowed in each room for the number of persons present in the room at any one time; and
(b) a deduction shall be made for the space occupied by furniture, fittings and projections of the walls into a room.

Ventilation
3.2.4
(1) A person shall not use or occupy, or permit to be used or occupied, a house unless the house is properly ventilated.
(2) For the purpose of subsection (1) a house shall be deemed to be properly ventilated if it complies with the Building Code, including the provision of;
       (a) natural ventilation; or
       (b) a mechanical ventilation or air-conditioning system complying with AS1668.2: 2002.
(3)  The owner of a house provided with mechanical ventilation or an air-conditioning system shall ensure that the system is;
       (a) maintained in good working condition and in accordance with AS/NZS 3666.2: 2011; and
       (b) in use at all times the building is occupied, if it is a building without approved natural ventilation.
    (4)  If, in the opinion of an EHO, a house is not properly ventilated, the local government may by notice require the owner of the house to;
       (a) provide a different, or additional method of ventilation; or
       (b) cease using the house until it is properly ventilated.
    (5)