Northern Territory Repealed Regulations

This legislation has been repealed.

PUBLIC HEALTH (SHOPS, BOARDING-HOUSES, HOSTELS AND HOTELS) REGULATIONS

NORTHERN TERRITORY OF AUSTRALIA

PUBLIC HEALTH (SHOPS, BOARDING-HOUSES, HOSTELS AND HOTELS) REGULATIONS

As in force at 1 July 2011

Table of provisions

NORTHERN TERRITORY OF AUSTRALIA

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This reprint shows the Regulations as in force at 1 July 2011. Any amendments that commence after that date are not included.

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PUBLIC HEALTH (SHOPS, BOARDING-HOUSES, HOSTELS AND HOTELS) REGULATIONS

Regulations under the Public and Environmental Health Act

Part I Preliminary

1. Citation

These Regulations may be cited as the Public Health (Shops, Boarding-houses, Hostels and Hotels) Regulations.

1. Regulatory offences

An offence of contravening or failing to comply with a provision of, or a direction under, regulation 38(3), 41 or 47(1), (b), (f), (g), (h), (j), (l) or (n) is a regulatory offence.

Part II Shops

1. Definitions

In this Part, unless the contrary intention appears:

shop means a building, stall, tent, vehicle or caravan in which, or in any portion of which, goods are offered or exposed for sale by retail, and includes a portion of a shop. The term includes premises occupied by hairdressers and barbers, but does not include the sample-rooms of a commercial traveller.

shopkeeper means the person having the charge, management or control of a premises. The term includes an agent, manager, foreman, or other person acting or apparently acting in the general management or control of any shop.

1. Use of shop for sleeping

(1) The shopkeeper of a shop shall not use, or permit to be used, an apartment of that shop as a residential or sleeping apartment for himself or any other person or as an apartment for any domestic use whatsoever, if that apartment contains any goods intended for sale.

(2) The shopkeeper of a shop who contravenes of fails to comply with subregulation (1) shall be guilty of an offence, and shall be liable, upon conviction, to a penalty not exceeding $1000 and, where the offence is a continuing offence, to an additional penalty not exceeding $100 for every day during which the offence continues.

1. Sanitary accommodation

(1) A shopkeeper or owner of every building in which persons are employed or are intended to be employed in any trade or business shall provide the building with suitable accommodation as may be required from time to time by the Chief Health Officer in the way of urinals, closets, and privies; where both sexes are employed separate accommodation shall be provided with separate approaches thereto.

(2) A shopkeeper or owner who contravenes or fails to comply with subregulation (1) shall be guilty of an offence, and shall be liable, upon conviction, to a penalty not exceeding $1000 and, where the offence is a continuing offence, to an additional penalty not exceeding $100 for every day during which the offence continues.

1. Averment

In any proceedings consequent upon a complaint in which an offence against regulation 4 is alleged, the averment of the prosecution or plaintiff contained in the information declaration or claim that the goods referred to in the complaint were goods intended for sale shall be deemed to be proved in the absence of proof to the contrary.

1. Application of Regulations

This Part shall apply to any area of the Territory which is not declared by the Minister to be an exempt area by notice in the Gazette.

Part IV Boarding-houses, hostels and hotels

1. Definitions

In this Part, unless the contrary intention appears:

approved means approved by the Chief Health Officer.

boarding-house includes any house, licensed premises under the Liquor Act, lodging house, hostel, residential flat, motel, tent, caravan, building, structure, whether permanent or otherwise, or any other premises, and any part thereof, in which 3 or more persons, exclusive of the family of the proprietor thereof, are lodged or boarded for hire or reward from week to week or for more than a week.

boarder includes lodger or paying guest, and every person who is resident, either temporarily or permanently, on the premises of a boarding-house.

proprietor means the proprietor of a boarding-house, and includes the owner, occupier or any person having the management or control thereof.

registered means registered under this Part.

room includes a sleep-out verandah.

1. Proprietor of boarding-house to be registered

A person shall not act as the proprietor of a boarding-house unless the boarding-house has been duly registered and his name has been entered as the proprietor in accordance with this Part.

1. Registration

(1) A person applying for the registration of a boarding-house and the entry of his name as the proprietor shall make an application to the Chief Health Officer in accordance with Form A in the Schedule and shall forward a fee of, where the application relates to a boarding-house where the number of rooms intended for use as a sleeping apartment for boarders:

(a) is more than 2 and not more than 10 – 100 revenue units; or

(b) is more than 10 but not more than 20 – 125 revenue units; or

(c) is more than 20 but not more than 40 – 150 revenue units; or

(d) is more than 40 – 250 revenue units.

(2) The Chief Health Officer may, in his dis-cretion, register any boarding-house.

(3) Upon the granting of the application, the Chief Health Officer shall supply the proprietor with a certificate of registration in accordance with Form B in the Schedule.

(4) Subject to this Part, a certificate of registration shall continue in force for 12 months from the date of the certificate issued.

(5) The proprietor to a boarding-house that is registered under this regulation shall, not later than 28 days before the registration expires, make application to renew the registration.

(6) The Chief Health Officer may, at any time during the currency of any certificate, cancel the registration of the proprietor.

1. Constructional provisions

A person shall not be registered as the proprietor of a boarding-house unless –

(a) the external walls and roof of the boarding-house are weatherproof and watertight;

(b) each internal wall is complete from the floor to ceiling;

(c) each passage is at least 1,210 millimetres in width;

(d) each main stairway is at least 1,060 millimetres in width, and:

(i) the risers thereof do not exceed 166 millimetres in height; and

(ii) the treads thereof are not less than 253 millimetres in width;

(e) each stairway is provided with handrails 810 millimetres above the nosing of the heads on both sides thereof;

(f) separate sanitary conveniences are, where the Chief Health Officer so directs, provided for persons of opposite sexes, and so situated and screened as to ensure proper privacy;

(g) each sanitary convenience is, during the hours of darkness, sufficiently lighted by artificial light;

(h) approved ablutionary conveniences are provided;

(i) the inner surfaces of all walls are so constructed that they may, without sustaining injury, be washed; and

(j) the house to be occupied as a boarding-house, hostel or lodging-house has been approved by the Chief Health Officer.

1. Sleeping apartments to be numbered

(1) Each room intended for use as a sleeping apartment for boarders shall bear a distinguishing number.

(2) The proprietor shall cause a distinguishing number to be conspicuously displayed in figures on each side of the door of every such room.

(3) The proprietor shall provide every door of every room occupied by a boarder with a lock and key. The lock shall be kept in good repair and working order at all times and the key available.

1. Number of occupants of sleeping apartments

(1) The proprietor shall not permit:

(a) more than 2 boarders above the age of 7 years to occupy one bedroom unless the room has a cubic space of at least 28.31 cubic metres;

(b) more than 3 persons above the age of 7 years to occupy a bedroom the cubic space of which is less than 42.47 cubic metres; or

(c) any member of his family to occupy a bedroom already used as such by more than one boarder.

(2) The Chief Health Officer may from time to time vary the number of boarders to be received into any room used as a sleeping apartment.

(3) Where the Chief Health Officer varies the number of boarders to be received into any such room, he shall cause a notice of the variation to be served on the proprietor.

1. Sleeping apartment to be specified

The proprietor of a boarding-house shall not permit any room to be used as a sleeping apartment for boarders other than a room specified as a bedroom on the certificate of registration.

1. Alterations to sleeping apartments

Except with the consent of the Chief Health Officer, a proprietor shall not make any structural alterations to any room used as a sleeping apartment for boarders.

1. Basement room, kitchen, &c., not to be used as sleeping apartment

Any room which is situated in a basement, or below the level of the ground, or used as a kitchen, dining, general sitting room, bathroom, or laundry, or which is lighted by windows having an area of less than 0.093 square metres of glass to each 0.464 square metres of floor area shall not be registered as a sleeping apartment for boarders.

1. Ventilation of sleeping apartment

(1) A room shall not be used as a sleeping apartment for boarders unless the room is sufficiently ventilated.

(2) The proprietor shall maintain all approved means of ventilation in good order and efficient action.

(3) The cubic space of a bedroom is deemed to be the volume of space which would be contained within the bedroom if the walls were extended from the floor to the ceiling or roof of the bedroom as the case may be with a continuous flat surface measured from the floor to a vertical height of 2,740 millimetres and measuring not less than 3,048 millimetres wide and 3,048 millimetres long of floor area.

1. General maintenance

The proprietor shall cause all ventilators, windows and skylights to be kept free from obstruction.

1. Restriction on use of verandahs, &c.

The proprietor shall not permit:

(a) any verandah, balcony, balconette, portico or stair landing to be used as a kitchen or for cooking purposes; or

(b) any verandah, balcony, balconette or portico to be enclosed or used so as permanently to interfere (directly or indirectly) with the lighting or ventilation of the premises.

1. Prohibition of certain linings

Any premises wherein any wall or ceiling is lined with paper, or any similar material, shall not be used as a boarding-house unless the paper is close adherent to solid boarding or other approved material.

1. Duties of proprietor

A proprietor shall:

(a) provide sufficient refrigeration as, in the opinion of an authorised officer, is necessary;

(b) provide a properly equipped kitchen and scullery approved by an authorised officer;

(c) provide a suitable larder or larders of sufficient capacity for the storage of food, satisfactorily constructed, lighted and ventilated, and so situated as not to be in direct communication with any living room, bedroom, laundry, wash-house or sanitary convenience, or under a stairway, and cause the larder or larders at all times to be maintained in a clean and wholesome condition, free from flies, vermin or dust and protected from the admission of steam fumes, offensive or unwholesome vapours and gases;

(d) not permit any unsound, stale or mouldy articles of food, or offensive substances, to be placed or kept in the larder or larders;

(e) cause all drainage from the premises to be disposed of in such manner as not to be a nuisance, dangerous to health or offensive;

(f) cause the roofs, skylights, rain-water spouting and down pipes to be kept in good repair and condition so that the rain water shall not enter or lodge under the building;

(g) cause all sinks, gullies and grease traps to be kept at all times in a sanitary condition; and the seat and floor of every sanitary convenience and floor of every bathroom to be scrubbed and washed with soap and water daily;

(h) cause the premises and every ice-chest or refrigerator safe or locker and all appliances or articles used in the preparation of food to be kept at all times, to the satisfaction of the Chief Health Officer, in a clean and sanitary condition, and in a proper state of repair;

(i) cause every bed, bedstead, blanket, rug, cover, bed linen, mosquito net, house linen and towel to be kept at all times in good repair and thoroughly clean and free from vermin and in a wholesome condition;

(j) cause every sheet, pillow case, towel and house linen to be washed at least once weekly or as often as required by an authorised officer;

(k) provide every sleeping apartment with a sufficient number of bedsteads and bedding so that each bed shall be provided with a mattress, 2 sheets, pillow and pillow case and a blanket or rug and mosquito net;

(l) cause any room together with its contents and any other portion of the premises to be cleansed and disinfected whenever directed by an authorised officer so to do;

(n) 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 authorised officer.

1. Duty of proprietor in cases of infectious disease

(1) A proprietor shall, as soon as it comes to his knowledge that any person on the premises is suffering or is suspected to be suffering from an infectious disease, immediately notify an authorised officer of the circumstances and shall at once isolate the person from coming in contact with articles used by other inmates of the boarding-house.

(2) The proprietor shall comply with every direction of an authorised officer in respect of:

(a) the isolation or removal of any person suffering or suspected to be suffering from an infectious disease;

(b) cleansing and disinfection of the boarding-house, or of any bedding, linen, blankets, crockery, cutlery, or other articles used by such person; and

(c) any measures necessary for the prevention or eradication of any infection of the boarding-house or amongst the inmates thereof.

1. Penalties for offences

Any person who contravenes or fails to comply with any provision of or direction under this Part shall be guilty of an offence, and shall be liable, upon conviction, to a penalty not exceeding $1,000; and, where the offence is a continuing offence, a penalty not exceeding $100 for every day during which the offence continues.

1. Application of Regulations

This Part shall apply to any area of the Territory which is not declared by the Minister to be an exempt area by notice in the Gazette.

Schedule

regulation 36

FORM A

NORTHERN TERRITORY OF AUSTRALIA

Public and Environmental Health Act

PUBLIC HEALTH (SHOPS, BOARDING-HOUSES, HOSTELS AND HOTELS) REGULATIONS

APPLICATION FOR REGISTRATION AS THE PROPRIETOR OF A BOARDING-HOUSE

Name in full of proprietor:

Locality, street and number:

Description of house –

I,                                  , hereby declare that the above particulars are true in every particular, and that I will comply with the provisions of the Public and Environmental Health Act and the Public Health (Shops, Boarding-houses, Hostels and Hotels) Regulations. I hereby apply for registration of my premises as a boarding-house under the said Regulations. The registration fee of 100 revenue units/125 revenue units/150 revenue units/250 revenue units (delete whichever is inapplicable) is forwarded herewith in the form of cash/cheque/ postal note.

Dated

Proprietor

regulation 36

FORM B

NORTHERN TERRITORY OF AUSTRALIA

Public and Environmental Health Act

PUBLIC HEALTH (SHOPS, BOARDING-HOUSES, HOSTELS AND HOTELS) REGULATIONS

CERTIFICATE OF REGISTRATION OF BOARDING-HOUSE

This is to certify that the premises situated at                       are registered as a boarding-house under and subject to the Public and Environmental Health Act and the Public Health (Shops, Boarding-houses, Hostels and Hotels) Regulations thereunder until            , 20   , unless sooner cancelled in accordance with the said Regulations and that the name of

is entered as the proprietor thereof.

Dated

Chief Health Officer

ENDNOTES

1 KEY

Key to abbreviations

amd = amended od = order
app = appendix om = omitted
bl = by-law pt = Part
ch = Chapter r = regulation/rule
cl = clause rem = remainder
div = Division renum = renumbered
exp = expires/expired rep = repealed
f = forms s = section
Gaz = Gazette sch = Schedule
hdg = heading sdiv = Subdivision
ins = inserted SL = Subordinate Legislation
lt = long title sub = substituted

nc = not commenced

2 LIST OF LEGISLATION

1. SAVINGS AND TRANSITIONAL PROVISIONS

r 3 Amendments of the Public Health (Shops, Eating-Houses, Boarding-Houses, Hostels and Hotels) Regulations (SL No. 46, 1978)

r 10 Amendments of Public Health (Shops, Eating Houses, Boarding-Houses, Hostels and Hotels) Regulations (SL No. 48, 1996)

1. GENERAL AMENDMENTS

General amendments of a formal nature (which are not referred to in the list of amendments to this reprint) are made by s 11 of the Ordinances Revision Ordinance 1973 (Act No. 87, 1973) (as amended) to the following provisions: rr 4, 6, 7, 8, 9, 13, 29, 31, 32, 34, 36, 37, 39, 42, 43, 47, 49, First and Second sch

1. LIST OF AMENDMENTS

r 1 amd No. 20, 2004, r 3

r 2 rep No. 52, 1982, r 4

ins Act No. 68, 1983, s 36

amd No. 20, 2004, r 4

r 4 amd No. 52, 1982, r 4; No. 48, 1996, rr 2 and 9

r 5 amd No. 48, 1996, r 3; Act No. 17, 1997, s 18

r 7 amd No. 5, 1982, r 2; No. 52, 1982, r 4; No. 48, 1996, r 9

rep Act No. 7, 2011, s 146

r 8 amd No. 5, 1982, r 2; No. 48, 1996, r 5

rep Act No. 7, 2011, s 146

r 9 amd No. 5, 1982, r 2; No. 52, 1982, r 4; No. 48, 1996, r 9

rep Act No. 7, 2011, s 146

r 10 amd No. 46, 1978, r 2; No. 52, 1982, r 4

pt III hdg rep No. 20, 2004, r 5

r 11 amd Act No. 17, 1997, s 18

rep No. 20, 2004, r 5

r 12 amd No. 52, 1982, r 4

rep No. 20, 2004, r 5

r 13 amd No. 52, 1982, r 4; No. 48, 1996, rr 5 and 9; Act No. 17, 1997, s 18

rep No. 20, 2004, r 5

rr 14 – 15 amd Act No. 17, 1997, s 18

rep No. 20, 2004, r 5

rr 16 – 28 rep No. 20, 2004, r 5

r 29 amd No. 5, 1982, r 2; No. 52, 1982, r 4; No. 48, 1996, r 9

rep No. 20, 2004, r 5

r 30 amd No. 5, 1982, r 2

rep No. 20, 2004, r 5

r 31 amd No. 5, 1982, r 2; No. 52, 1982, r 4; No. 48, 1996, r 9

rep No. 20, 2004, r 5

r 32 amd No. 52, 1982, r 4; No. 48, 1996, r 6

rep No. 20, 2004, r 5

r 33 amd No. 52, 1982, r 4

rep No. 20, 2004, r 5

r 34 amd No. 52, 1982, r 4; Act No. 17, 1997, s 18

r 35 amd No. 52, 1982, r 4

r 36 amd No. 52, 1982, rr 2 and 4; No. 48, 1996, rr 7 and 9; Act No. 17, 1997, s 18; No. 20, 2004, r 6; No. 6, 2007, r 2

r 37 amd No. 52, 1982, r 4; Act No. 17, 1997, s 18

r 39 amd No. 52, 1982, r 4; Act No. 17, 1997, s 18

r 41 amd Act No. 17, 1997, s 18

rr 42 – 43 amd No. 52, 1982, r 4

r 47 amd No. 5, 1982, r 2; No. 52, 1982, r 4; Act No. 17, 1997, s 18; Act No. 7, 2011, s 147

r 48 amd Act No. 7, 2011, s 147

r 49 amd No. 52, 1982, r 4; No. 48, 1996, r 8

r 50 amd No. 46, 1978, r 2; No. 52, 1982, r 4

sch 1 amd No. 52, 1982, r 4; No. 48, 1996, r 9; Act No. 17, 1997, s 18

rep No. 20, 2004, r 7

sch amd No. 52, 1982, r 4; No. 48, 1996, r 9; Act No. 17, 1997, s 18; No. 20, 2004, r 8; No. 6, 2007, r 2; Act No. 7, 2011, s 147