New South Wales Consolidated Regulations

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LOCAL GOVERNMENT (GENERAL) REGULATION 2021 - SCHEDULE 2

SCHEDULE 2 – Standards enforceable by orders

(Sections 83- 86, 92 and 94)

Part 1 - Standards for places of shared accommodation

1 Maximum number of boarders and lodgers

(1) The number of occupants (not including children under the age of 5 years) must not exceed the maximum number of persons determined by the council to be accommodated in each bedroom or dormitory and in the whole premises.
(2) The maximum number of persons accommodated in a bedroom, or in a cubicle of a dormitory, must not exceed the number determined by allowing a minimum floor area within the bedroom or cubicle in accordance with the relevant provisions under the Public Health Act 2010 for each person.
Note : On the commencement of this Regulation, the relevant provision was clause 46 of the Public Health Regulation 2012 .

2 Notices

(1) A sign indicating the permissible maximum length of time during which a person may board or lodge in the premises must be conspicuously displayed to public view outside the premises.
(2) A schedule showing the numeral designating each bedroom and dormitory and the number of persons permitted to be accommodated in each must be conspicuously displayed on the premises.
(3) Each bedroom must be numbered in accordance with the schedule and there must be displayed clearly on the door of or in each bedroom the maximum number of persons allowed to be accommodated in the bedroom.

3 Light and ventilation

(1) Adequate light and ventilation must be maintained in the premises.
(2) All partitions forming cubicles in a dormitory must be adequately constructed and provide adequate ventilation.

4 Kitchen facilities

(1) Any kitchen facilities and utensils for the storage or preparation of food must be kept in a clean and healthy condition, in good repair, free from foul odours and, as far as practicable, free from dust, flies, insects and vermin.
(2) The floor of any kitchen must have an approved impervious surface.

5 General cleanliness

(1) All parts of the premises and all appurtenances (including furniture, fittings, bedsteads, beds and bed linen) must be kept in a clean and healthy condition, and free from vermin.
(2) Pans, receptacles or other waste storage devices must be kept covered and all waste must be deposited in appropriate pans, receptacles or other waste storage devices.

6 Furniture and fittings

Appropriate furniture and fittings must be provided and maintained in good repair.

7 Long term residences

If the place is one in which persons may board or lodge for 7 days or longer, an adequate number of beds (each provided with a mattress and pillow and an adequate supply of clean blankets or equivalent bed clothing), adequate storage space and blinds, curtains or similar devices to screen bedroom and dormitory windows for privacy must be provided for the occupants.

Part 2 - Standards for hairdressers shops

8 Structural requirements

(1) The premises must be structurally suitable for the carrying out of hairdressing.
(2) Without limiting the generality of subsection (1), premises are structurally unsuitable for the carrying out of hairdressing if any wash basin is situated against any wall and that wall (from floor level to a height of 450 millimetres above the top of the wash basin and from the centre of the wash basin to a distance of 150 millimetres beyond each side of the wash basin) is not constructed of, or covered with, material that is durable, smooth, impervious to moisture and capable of being easily cleaned.

9 Hygiene

(1) The premises must be clean and in good repair.
(2) The premises must be provided with facilities that are adequate for the purpose of keeping hairdressing appliances and utensils clean.

10 Hairdressing facilities

(1) The premises must be provided with washing, drainage, ventilation and lighting facilities that are adequate for the carrying out of hairdressing.
(2) The premises must be provided with facilities that are adequate for the purpose of storing hairdressing appliances and utensils in a hygienic manner.
(3) The premises must be provided with floor coverings, shelves, fittings and furniture that are suitable for the carrying out of hairdressing.
(4) Without limiting the generality of subsections (1) and (3)--
(a) premises are not provided with washing facilities that are adequate for the carrying out of hairdressing unless those facilities include wash basins fitted with common spouts for the supply of hot and cold running water, and
(b) shelves, fittings and furniture are unsuitable for the carrying out of hairdressing unless they are constructed of, or covered with, material that is durable, smooth, impervious to moisture and capable of being easily cleaned.

Part 3 - Standards for beauty salons

11 Structural requirements

(1) The premises must be structurally suitable for the provision of beauty treatment.
(2) Without limiting the generality of subsection (1), premises are structurally unsuitable for the provision of beauty treatment if any wash basin is situated against any wall and that wall (from floor level to a height of 450 millimetres above the top of the wash basin and from the centre of the wash basin to a distance of 150 millimetres beyond each side of the wash basin) is not constructed of, or covered with, material that is durable, smooth, impervious to moisture and capable of being easily cleaned.

12 Hygiene

(1) The premises must be clean and in good repair.
(2) The premises must be provided with facilities that are adequate for the purpose of keeping beauty treatment appliances and utensils clean.

13 Beauty facilities

(1) The premises must be provided with washing, drainage, ventilation and lighting facilities that are adequate for the provision of beauty treatment.
(2) The premises must be provided with facilities that are adequate for the purpose of storing beauty treatment appliances and utensils in a hygienic manner.
(3) The premises must be provided with floor coverings, shelves, fittings and furniture that are suitable for the provision of beauty treatment.
(4) Without limiting the generality of subsections (1) and (3)--
(a) premises are not provided with washing facilities that are adequate for the provision of beauty treatment unless those facilities include wash basins fitted with common spouts for the supply of hot and cold running water, and
(b) shelves, fittings and furniture are unsuitable for the provision of beauty treatment unless they are constructed of, or covered with, material that is durable, smooth, impervious to moisture and capable of being easily cleaned.

Part 4 - Standards for mortuaries

14 Water supply and sewerage

(1) The mortuary must be connected to a permanent water supply in compliance with the requirements of the local water supply authority.
(2) A backflow prevention device complying with the requirements of Part 6 of this Regulation and specified by the local water supply authority must be provided between the water supply and all equipment, appliances, fittings and areas in the mortuary.
(3) The mortuary must be connected to a water carriage sewerage system approved by the local water supply authority.

15 Closet and ablution facilities

(1) The mortuary must be provided with--
(a) separate water closets for the persons of each sex at the rate of 1 water closet for every 20 persons or part of 20 persons of each sex working in or about the mortuary at any one time, and
(b) shower facilities approved by the council, with an adequate supply of hot and cold water, for use by persons working in or about the mortuary, and
(c) a hand wash basin, with an adequate supply of hot and cold water, adjacent to each water closet in the mortuary.
(2) Water closet and shower facilities must be provided with an air lock approved by the council between those facilities and any other part of the premises.

16 Construction

(1) The mortuary must be physically separated from all public areas of the building in which it is situated but may be integral with the construction of the remainder of the building.
(2) A body preparation room, capable of being sealed off from the remainder of the premises, must be provided in the mortuary.
(3) The body preparation room must have--
(a) a floor area of not less than 9.3 square metres, and
(b) a ceiling height of not less than 2.4 metres measured above the finished floor level, and
(c) the floor constructed of impervious material with a smooth unbroken surface and uniformly graded to discharge liquids to a floor drain, and
(d) a floor drain discharging through a removable screen so as to prevent the discharge of any solid material to the sewerage system, and
(e) all walls and partitions constructed of impervious materials with a smooth unbroken finish capable of being readily cleansed, and
(f) all joints between the floor, walls, partitions, ceiling, ventilation grilles, fittings, pipework, windows and light fittings sealed with impervious material so as to facilitate cleansing, and
(g) all joints between the floor and walls or partitions provided with coving of not less than 75 millimetres radius so as to facilitate cleansing, and
(h) all external windows fitted with flyproof screens, and
(i) all external doors fitted with self-closing fly screen doors or other suitable apparatus to prevent the entry of flies.
(4) In any mortuary constructed after 1 July 1993, all walls and partitions of the body preparation room must be of brick or masonry construction finished in compliance with subsection (3)(e).
Note : The following standards also apply under other legislation as at the commencement of this Regulation--
Body preparation room--clause 51 of the Public Health Regulation 2012 .
Vehicles--clause 52 of the Public Health Regulation 2012 .

Part 5 - Standards for keeping birds or animals

Division 1 - Keeping of swine

17 Swine not to pollute

(1) Swine must not be kept in such a place or manner as to pollute any water supplied for use (or used, or likely to be used)--
(a) by a person for drinking or domestic purposes, or
(b) in a dairy.
(2) Swine's dung must not be deposited in such a place or manner as to pollute any water referred to in subsection (1).

18 Swine not to be kept near certain premises

(1) Without limiting section 17 of this Schedule, swine must not be kept (and swine's dung must not be deposited) within 60 metres (or such greater distance as the council may determine in a particular case) of a dwelling, shop, office, factory, church or other place of public worship, workshop, school or public place in a city, town, village or other urban part of an area.
(2) A greater distance determined under this section applies to a person only if the council has served an order under section 124 of the Act to that effect on the person.

Division 2 - Keeping of poultry

19 Poultry not to be nuisance or health risk

(1) Poultry must not be kept under such conditions as to create a nuisance or to be dangerous or injurious to health.
(2) Poultry yards must at all times be kept clean and free from offensive odours.

20 Poultry not to be kept near certain premises

(1) Fowls (that is, birds of the species Gallus gallus) or guinea fowls must not be kept within 4.5 metres (or such greater distance as the council may determine in a particular case) of a dwelling, public hall, school or premises used for the manufacture, preparation, sale or storage of food.
(2) Poultry (other than fowls referred to in subsection (1)) must not be kept within 30 metres of any building referred to in subsection (1).
(3) The floors of poultry houses must be paved with concrete or mineral asphalt underneath the roosts or perches. However, this subsection does not apply to poultry houses--
(a) that are not within 15.2 metres of a dwelling, public hall or school, or
(b) that are situated on clean sand.
(4) Poultry yards must be so enclosed as to prevent the escape of poultry.
(5) The standards in this section apply to a person only if the council has served an order under section 124 of the Act to that effect on the person.

Division 3 - Keeping of horses and cattle

21 Horses and cattle not to be kept near certain premises

(1) Horses and cattle must not be kept within 9 metres (or such greater distance as the council may determine in a particular case) of a dwelling, school shop, office, factory, workshop, church or other place of public worship, public hall or premises used for the manufacture, preparation or storage of food.
(2) The floors of stables must be paved with concrete or mineral asphalt or other equally impervious material, and must be properly graded to drain.
(3) Horse yards and cattle yards must be so enclosed as to prevent the escape of horses and cattle.
(4) The standards in this section apply to a person only if the council has served an order under section 124 of the Act to that effect on the person.

Part 6 - Standards for disposal of certain waste

22 Disposal of human waste

(1) Human waste brought to a depot is to be disposed of by emptying the contents of the human waste pans directly into a trench and by covering the human waste with at least 250 mm of earth.
(2) Human waste is not to be left exposed in the trench, and the trench is not to be used again for the disposal of human waste until the contents of the trench have become assimilated with the soil.
(3) A trench--
(a) must be of adequate length, and
(b) must be not more than 600 mm wide, and
(c) must be not more than 600 mm or less than 250 mm deep (or of a depth approved by the Secretary of the Ministry of Health).
(4) If the Secretary of the Ministry of Health has given (and not withdrawn) written approval of a method of disposal of human waste different from the method specified in subsection (1), that method may be used.
(5) Except as otherwise provided in this Schedule, human waste is not to be spilt, emptied or deposited elsewhere than at a depot.

23 Emptying of cesspits and chemical closets

(1) Cesspits and chemical closets are to be emptied at least once every 6 months.
(2) However, if the council considers it necessary for cesspits and chemical closets to be emptied more often, they are to be emptied as often as the council requires.
(3) The contents of cesspits are to be removed to a depot in a watertight covered vehicle or in airtight covered pans.
(4) The vehicle or pans are to be emptied at the depot and must be thoroughly cleansed before they are used again.
(5) Cesspits are not to be emptied between 5 am and 10 pm.

24 Accumulation of sludge

(1) The receptacle of a septic closet is to be emptied and cleansed when the sludge accumulates to a height of 100 mm below the bottom inlet opening of the square junction outlet pipe.
(2) However, if the council considers it necessary for receptacles to be emptied and cleansed more often, they are to be emptied and cleansed as often as the council requires.

25 Removal and cleaning of pans

(1) The pan of every closet and urinal (with its contents) is to be removed and replaced with a cleansed, empty pan at least once every 7 days.
(2) However, if the council considers it necessary for pans to be removed and replaced more often, they are to be removed and replaced as often as the council requires.
(3) On removal, the pan is to be covered with an airtight lid, taken in a closed vehicle (or other vehicle approved by the Secretary of the Ministry of Health) to a depot and emptied.
(4) Before it is removed from the depot or supplied for use on any premises, the pan is to be thoroughly washed and cleansed with hot water and subjected to steam under pressure in an apparatus approved by the Secretary of the Ministry of Health.
(5) Alternatively, the pan is to be thoroughly washed and cleansed with hot water in an automatic washing and tarring machine in which the pan is immersed in a bath of molten tar at a minimum temperature of 127°C for at least 2½ minutes.
(6) If airtight pans of a pattern or description that has been approved by the Secretary of the Ministry of Health are used, the council may authorise the removal of human waste to be carried out at any hour of the day, but otherwise removal is not to take place between 5 am and 10 pm.
(7) This section does not apply where the sanction of the Secretary of the Ministry of Health and the consent of the council have been given to the removal of human waste by the occupier of the premises on which it is stored.

26 Removal and cleaning of pans by owner or occupier

(1) An owner or occupier is to empty and cleanse--
(a) the pan of every closet on his or her premises at least once every 7 days, and
(b) the receptacle of a chemical closet when directed to do so by the council, and
(c) the receptacle of a septic closet when the sludge accumulates to a height of 100 mm below the bottom inlet opening of the square junction outlet pipe (or more often, if the council so requires).
(2) The owner or occupier is to dispose of the human waste as provided by section 22 of this Schedule.

27 Vehicle, utensils and apparatus to be kept clean

(1) Vehicles used for conveying pans, and receptacles, utensils and apparatus used in the collection or disposal of human waste, are to be thoroughly washed on arrival at a depot after the day's use and are to be maintained in a clean condition.
(2) The steaming and washing appliances are to be properly set up in a suitable structure with a weatherproof roof and enclosed on at least 2 sides. The structure is to be kept clean.
(3) The structure is to have a cement concrete floor rendered to a smooth surface and evenly graded to a drain.
(4) Drainage from washing and steaming appliances is to be disposed of in shallow trenches of the kind used for the disposal of human waste.



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