Residential Tenancies (Caravan Parks and Movable Dwellings ...

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Residential Tenancies (Caravan Parks and Movable Dwellings Registration and Standards) Regulations

1999 S.R. No. 88/1999

TABLE OF PROVISIONS

Regulation Page

PART 1—PRELIMINARY 1

1. Objective 1 2. Authorising provisions 2 3. Commencement 2 4. Definitions 2

PART 2—REGISTRATION 6

5. Requirement to register 6 6. Application for registration 6 7. Application for renewal of registration 6 8. Grant or renewal of registration 6 9. Period of registration 7 10. Application for transfer of registration 7 11. Transfer of registration 8 12. Fees 8 13. Register of caravan parks 8 14. Duties of caravan park owners on registration 9

PART 3—STANDARDS 11

Division 1—Standards for unregistrable movable dwellings and annexes 11

15. Design, construction and installation standards—unregistrable movable dwellings 11

16. Design, construction and installation standards—annexes 11 17. Manufacturer's compliance plate 11 18. Design information to be provided on sale of dwelling or annexe 12 19. Unregistrable movable dwelling or rigid annexe must not be

installed without compliance plate 12 20. Notice to council 12 21. Installation certificate 13

Regulation Page

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Division 2—Standards for prefabs 14

22. Construction standards—prefabs (prefabricated holiday units) 14 23. Notice to council 14 24. Installation certificate 14

Division 3—Smoke alarms for movable dwellings 15

25. Smoke alarms—duties of owners of movable dwellings 15 26. Smoke alarms—duties of persons who construct movable

dwellings 16

Division 4—Maintenance and standards in caravan parks 17

27. Maintenance 17 28. Cleaning on change of resident or occupier 17 29. Drinking water 18 30. Water supply 18 31. Discharge of sewage and waste water 18 32. Sanitary facilities 19 33. Refuse receptacles 19 34. Refuse disposal 19 35. Fire prevention and safety 19 36. Emergency management plans 20 37. Flood prone land 21 38. Termite areas—rigid annexes 21 39. Lighting 21

Division 5—Maintenance 22

40. Maintenance of movable dwellings 22 41. Standards for occupiers 22 42. Maintenance of existing buildings 22 43. Maintenance of prefabs 22

PART 4—TRANSITIONAL 24

44. Standards of certain constructed and installed movable dwellings 24

45. Standards of certain constructed but not installed movable dwellings 24

46. Continuation of registration 24 __________________

SCHEDULES 25

Regulation Page

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SCHEDULE 1—Standards and codes 25

SCHEDULE 2—Forms 27

Form 1—Application for registration/renewal of registration of a caravan park 27

Form 2—Certificate of *registration/renewal of registration of a caravan park 28

Form 3—Application for transfer of registration of a caravan park 29

Form 4—Endorsement 29

SCHEDULE 3—Design, construction, installation and maintenance of movable dwellings 30

SCHEDULE 4—Prefabs (prefabricated holiday units) 36

SCHEDULE 5—Sanitary facilities 37 ═══════════════

NOTES 38

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STATUTORY RULES 1999

S.R. No. 88/1999

Residential Tenancies Act 1997

Residential Tenancies (Caravan Parks and Movable Dwellings Registration and Standards) Regulations

1999

The Governor in Council makes the following Regulations:

Dated: 29 June 1999

Responsible Minister:

ROBERT MACLELLAN Minister for Planning and Local Government

STACEY ROBERTSON Acting Clerk of the Executive Council

PART 1—PRELIMINARY

1. Objective

The objective of these Regulations is to provide for—

(a) registration of caravan parks; and

(b) standards of design, construction and installation and maintenance of movable dwellings in caravan parks; and

(c) standards for facilities and services in caravan parks which protect the basic health and safety of residents and occupiers.

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Residential Tenancies (Caravan Parks and Movable Dwellings Registration and Standards) Regulations 1999

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2. Authorising provisions

These Regulations are made under sections 514, 515 and 516 of the Residential Tenancies Act 1997.

3. Commencement1

(1) Subject to sub-regulation (2), these Regulations come into operation on 1 July 1999.

(2) Regulations 25 and 26 come into operation on 1 January 2000.

4. Definitions

In these Regulations—

"Act" means the Residential Tenancies Act 1997;

"annexe" means an attachment to a movable dwelling used as an extension of the habitable area of that dwelling and capable of being erected or removed from the site within 24 hours;

"AS" immediately followed by a group of numerals or a group of one or more letters and one or more numerals means the particular standard or code published from time to time by Standards Australia and listed in Schedule 1;

"AS/NZS" followed by a group of numbers or a group of one or more letters and one or more numbers, punctuated or unpunctuated, means the Australian and New Zealand Standard identified by that group of numbers or letters that is published jointly by Standards Australia and Standards New Zealand;

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"camp site" means a site in a caravan park that is not provided with individual electrical power or any other individual site services and that is used for the placement of a tent or motor vehicle and intended for use by an occupier other than a resident;

"chassis" means a composite platform on which an unregistrable movable dwelling is constructed and which is—

(a) an integral part of the unregistrable movable dwelling; and

(b) capable of fully supporting the unregistrable movable dwelling at all times;

"council" in relation to a caravan park, means the municipal council in the municipal district of which the caravan park is situated;

"flexible annexe" means an annexe which, apart from any rigid support frame, has walls and a roof of canvas or other flexible material;

"long term site" means a site in a caravan park designed for a movable dwelling and intended for use by a resident;

"prefab" means a prefabricated holiday unit;

"prefabricated holiday unit" means a dwelling other than a tent or annexe that is intended for use by an occupier other than a resident and is designed to be erected on site from pre-constructed components but does not include a dwelling that cannot be situated at and removed from a place within 24 hours;

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"registrable movable dwelling" means a movable dwelling that is, or has been, registered or is eligible for registration under the Road Safety Act 1986;

"relevant fire authority" means—

(a) in the metropolitan fire district within the meaning of the Metropolitan Fire Brigades Act 1958, the Metropolitan Fire and Emergency Services Board established under that Act;

(b) outside the metropolitan fire district, the Country Fire Authority established under the Country Fire Authority Act 1958;

"rigid annexe" means an annexe which has walls and a roof constructed of non-flexible materials;

"running gear" means the axles wheels and drawbar of a movable dwelling;

"site services" means individual provision to sites of any or all of the following services—power, gas, water, phone or sewer, septic or such other system for the collection, removal and disposal of sewage and waste water as is approved by the council;

"short term site" means a site in a caravan park designed for a movable dwelling and intended for use by an occupier other than a resident but does not include a camp site;

"tent" means a movable dwelling which, apart from any rigid support frame, has walls and a roof of canvas or other flexible material;

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"tie down gear" means a device that connects the anchor point to the means of restraint for an unregistrable movable dwelling or annexe;

"unregistrable movable dwelling" means a movable dwelling constructed on a chassis but does not include a registrable movable dwelling or a camper trailer.

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PART 2—REGISTRATION

5. Requirement to register

A person must not operate a caravan park unless the caravan park is registered under these Regulations.

Penalty: 10 penalty units.

6. Application for registration

An application for registration must—

(a) be in the form of Form 1 of Schedule 2; and

(b) be lodged with the council; and

(c) include a plan of the caravan park clearly indicating the location and numbers of all buildings and facilities and all long term sites, short term sites and camp sites; and

(d) be accompanied by the relevant prescribed fee.

7. Application for renewal of registration

An application for renewal of registration of a caravan park must—


(b) be lodged with the council on or before 15 November in each year; and

(c) be accompanied by the relevant prescribed fee.

8. Grant or renewal of registration

(1) On an application under regulation 6 or 7, the council may—

(a) grant the registration or renewal of registration; and

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(b) issue a certificate of registration or renewal of registration.

(2) A certificate of registration or renewal of registration must be in the form of Form 2 of Schedule 2.

9. Period of registration

(1) Subject to sub-regulation (2), the registration of a caravan park is annual registration from 1 January to 31 December.

(2) If an application for registration is first made after 1 January and before 31 December, the caravan park will be registered from the date of the grant of registration until 31 December in that year.

(3) A caravan park registration may be renewed or transferred.

10. Application for transfer of registration

(1) An application for transfer of registration of a caravan park must—


(b) be lodged with the council; and

(c) be accompanied by—

(i) the current certificate of registration; and

(ii) the relevant prescribed fee.

(2) A caravan park owner must ensure that a copy of the application for transfer is displayed in a prominent position at the caravan park office or other place approved by the council for the period of 30 days after the date on which the application is made.


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11. Transfer of registration

(1) On an application under regulation 10, the council may grant the transfer of registration.

(2) If an application under regulation 10 is granted and the relevant prescribed fee is paid, the council must cause the current certificate of registration to be endorsed in the form of Form 4 of Schedule 2.

12. Fees

(1) Subject to sub-regulation (3), the fee for an application for registration or renewal of registration is the amount calculated by multiplying the total number of long term and short term sites specified in the application by $2.50.

(2) The fee for a transfer of registration is $50.00.

(3) If a caravan park is to be registered for less than 12 months, the fee for the application for registration is the amount calculated at the rate of one-twelfth of the fee prescribed under sub-regulation (1) for each whole month during which the registration is to be in force.

13. Register of caravan parks

A council must keep a register of the caravan parks in its municipal district containing the following information in respect of each caravan park—

(a) the registration number;

(b) the date of application for registration;

(c) the name and address of the caravan park owner;

(d) the address of the caravan park;

(e) the date of registration;

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(f) the date of renewal of registration;

(g) the date of transfer of registration; and

(h) the name and address of each person to whom the registration is transferred.

14. Duties of caravan park owners on registration

(1) A caravan park owner must ensure that a manager or other person responsible for the supervision of the caravan park—

(a) resides in or near the caravan park; and

(b) is available at the caravan park office during normal office hours; and

(c) is accessible at all times in case of an emergency.


(2) A caravan park owner must ensure that a register is maintained specifying—

(a) the name and address of each resident and occupier; and

(b) the arrival and departure date of each resident and occupier; and

(c) the site and vehicle registration numbers in respect of each resident and occupier.


(3) A caravan park owner must ensure that the following are displayed in a prominent position at the caravan park office or other place approved by the council—

(a) the caravan park registration certificate;

(b) a plan of the caravan park;

(c) a copy of the caravan park rules;

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(d) an emergency contact person and his or her telephone number.


(4) A caravan park owner must ensure that residents and occupiers have access to copies of—

(a) the Act; and

(b) these Regulations; and

(c) any compliance notices which are issued by the council or the Minister in relation to a contravention of these Regulations or the Act by the caravan park owner; and

(d) any exemptions made under Part 14 of the Act in relation to or affecting the caravan park.


(5) A caravan park owner must ensure that residents and occupiers have access to copies of the caravan park rules.


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PART 3—STANDARDS

Division 1—Standards for unregistrable movable dwellings and annexes

15. Design, construction and installation standards—unregistrable movable dwellings

(1) A person who constructs an unregistrable movable dwelling must comply with the requirements for design and construction set out in Part 1 of Schedule 3.

Penalty: 10 penalty units

(2) A person who installs an unregistrable movable dwelling in a caravan park must comply with the requirements for design, construction and installation set out in Part 1 of Schedule 3.


16. Design, construction and installation standards—annexes

(1) A person who constructs an annexe must comply with the requirements for design and construction set out in Part 2 of Schedule 3.

Penalty: 10 penalty units

(2) A person who installs an annexe in a caravan park must comply with the requirements for design, construction and installation set out in Part 2 of Schedule 3.


17. Manufacturer's compliance plate

A person who is the manufacturer of an unregistrable movable dwelling or rigid annexe must ensure that a manufacturer's compliance plate is affixed to the unregistrable movable

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dwelling or rigid annexe containing the following information—

(a) name and address of the manufacturer; and

(b) the manufacturer's serial number; and

(c) the month and year of manufacture; and

(d) a statement that the unregistrable movable dwelling or rigid annexe complies with these Regulations.


18. Design information to be provided on sale of dwelling or annexe

A person who sells an unregistrable movable dwelling or rigid annexe must at the time of sale provide the purchaser with a set of installation designs appropriate to the design, wind speed, soil type and other design considerations appropriate to the proposed location of the dwelling or annexe.


19. Unregistrable movable dwelling or rigid annexe must not be installed without compliance plate

A person must not install an unregistrable movable dwelling or rigid annexe in a caravan park unless it bears a compliance plate referred to in regulation 17.


20. Notice to council

A person who intends to install an unregistrable movable dwelling or rigid annexe in a caravan park must provide the council with details of the siting, structural design and proposed erection of the dwelling or annexe at least 7 days prior to

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installation or in such lesser time as is determined by the council.


21. Installation certificate

(1) A person installing an unregistrable movable dwelling or rigid annexe in a caravan park must provide the owner of the unregistrable movable dwelling or rigid annexe with an installation certificate in accordance with this regulation on completion of the installation.


(2) The person who is the owner of the unregistrable movable dwelling or rigid annexe must give a copy of the installation certificate to the caravan park owner and the council within 7 days of the completion of the installation.


(3) An installation certificate under this regulation must certify—

(a) that all information provided in the certificate is complete and correct in all details; and

(b) that the caravan park owner has approved the installation; and

(c) that the installation, service connections and siting of the unregistrable movable dwelling or rigid annexe are in accordance with—

(i) the requirements of Schedule 3; and

(ii) the requirements of any relevant statutory authority; and

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(iii) any information provided by the council as to soil condition and terrain; and

(iv) any requirements of the caravan park owner.

Division 2—Standards for prefabs

22. Construction standards—prefabs (prefabricated holiday units)

(1) A caravan park owner must not permit a prefab to be installed in the caravan park unless it complies with the requirements for design, construction and installation set out in Schedule 4.


(2) A caravan park owner must not permit a prefab to be installed or remain in a caravan park for longer than 5 months in any 12 month period.


23. Notice to council

Prior to the installation of a prefab in a caravan park, the person who is the owner of the prefab must provide the council and the caravan park owner with details of the structural design and proposed installation of the prefab.


24. Installation certificate

(1) A person installing a prefab in a caravan park must provide the owner of the prefab with an installation certificate in accordance with this regulation on completion of the installation.


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(2) The person who is the owner of the prefab must give a copy of the installation certificate to the caravan park owner and the council within 7 days of the completion of the installation.


(3) An installation certificate under this regulation must certify—

(a) that all information provided in the certificate is complete and correct in all details; and

(b) that the caravan park owner has approved the installation; and

(c) that the design, construction, installation, service connections and siting of the prefab are in accordance with—

(i) the requirements of Schedule 4; and

(ii) the requirements of any relevant statutory authority; and

(iii) any information provided by the council as to terrain; and

(iv) any requirements of the caravan park owner.

Division 3—Smoke alarms for movable dwellings

25. Smoke alarms—duties of owners of movable dwellings

(1) A person who is the owner of a movable dwelling must ensure that a smoke alarm that complies with AS 3786–1993 is installed on or near the ceiling of the movable dwelling.


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(2) In this regulation—

"movable dwelling" means—

(a) a registrable or unregistrable movable dwelling, with or without a rigid annexe attached to it; and

(b) a prefab.

(3) This regulation does not apply to a person who is the owner of a movable dwelling only in the course of carrying on the business of manufacturing or selling movable dwellings.

26. Smoke alarms—duties of persons who construct movable dwellings

(1) A person who constructs a registrable movable dwelling must ensure that, on or before the completion of the construction of that movable dwelling, a smoke alarm that complies with AS 3786–1993 is installed on or near the ceiling of that movable dwelling.


(2) A person who constructs an unregistrable movable dwelling must ensure that, on or before the completion of the construction of that movable dwelling, a smoke alarm that complies with AS 3786–1993 is installed on or near the ceiling of that movable dwelling.


(3) A person who constructs a rigid annexe must ensure that, on or before the completion of the construction of that annexe, a smoke alarm that complies with AS 3786–1993 is installed on or near the ceiling of that annexe.


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(4) A person who constructs a prefab must ensure that, on or before the completion of the construction of that prefab, a smoke alarm that complies with AS 3786–1993 is installed on or near the ceiling of that prefab.


Division 4—Maintenance and standards in caravan parks

27. Maintenance

A caravan park owner must maintain every movable dwelling in the caravan park (except those which are owner-occupied) and all facilities provided in the caravan park for the use by residents and occupiers—

(a) in good working order; and

(b) in a clean, sanitary and hygienic condition; and

(c) in a good state of repair.


28. Cleaning on change of resident or occupier

A caravan park owner must ensure that—

(a) every movable dwelling (except those which are owner-occupied) is thoroughly cleaned after the movable dwelling is vacated and before its use by another resident or occupier; and

(b) all bed linen provided with any movable dwelling (except those which are owner-occupied) is changed with clean linen—

(i) at least weekly; and

(ii) after the movable dwelling is vacated and before its use by another resident or occupier.

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29. Drinking water

A caravan park owner must ensure that water provided in a caravan park that is intended for drinking is fit for human consumption.


30. Water supply

A caravan park owner must provide a continuous and adequate supply of—

(a) water to—

(i) all sites with permanent connections; and

(ii) all toilet, bathing, kitchen, laundry and drinking water facilities in the caravan park; and

(b) hot water to—

(i) all sites with permanent connections; and

(ii) all bathing, laundry and kitchen facilities in the caravan park.


31. Discharge of sewage and waste water

(1) A caravan park owner must ensure that all sewage and waste water discharged from a movable dwelling in a caravan park is discharged—

(a) to a reticulated sewerage system; or

(b) to a septic tank system permitted under the Environment Protection Act 1970; or

(c) to such other system for the collection, removal and disposal of sewage and waste water as is approved by the council.

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(2) Sub-regulation (1) does not apply to—

(a) a movable dwelling not used by a resident; or

(b) sink waste where sink waste is the only form of effluent.

32. Sanitary facilities

A caravan park owner must ensure that the caravan park complies with standards for sanitary facilities set out in Schedule 5.


33. Refuse receptacles

A caravan park owner must—

(a) provide sufficient vermin-proof receptacles at the caravan park for the collection and storage of all putrescible rubbish; and

(b) ensure that the receptacles are regularly cleaned—

to the satisfaction of the council.


34. Refuse disposal

A caravan park owner must ensure that all refuse at the caravan park is regularly removed and disposed of in a sanitary manner to the satisfaction of the council.


35. Fire prevention and safety

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(1) Subject to sub-regulation (2), a caravan park owner must, to the satisfaction of the council—

(a) provide fire fighting facilities in or in relation to the caravan park; and

(b) ensure there is sufficient space between and around dwellings in the caravan park for access for firefighters.


(2) The council must consult with the relevant fire authority before determining any matter under sub-regulation (1).

36. Emergency management plans

(1) A caravan park owner must, to the satisfaction of the council, prepare an emergency management plan providing for evacuation procedures to be followed by residents and occupiers in a fire or other emergency that may affect the caravan park.


(2) A caravan park owner must comply with sub-regulation (1)—

(a) if the caravan park is in operation before 1 July 1999, by 1 January 2000; or

(b) otherwise, before the caravan park commences operation.

(3) A caravan park owner must notify residents and occupiers of the evacuation procedures in the emergency management plan by—

(a) giving them a copy of the evacuation procedures before they take up residence or occupy a site at the caravan park; and

(b) displaying a copy of the evacuation procedures in a prominent position in—

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(i) the caravan park office; and

(ii) every building in the caravan park that contains communal facilities.


(4) The council must consult with the relevant fire authority before determining any matter under this regulation.

37. Flood prone land

If a caravan park is in an area which is liable to flooding within the meaning of the Building Regulations 19942, the caravan park owner must give written notice of that fact—

(a) to the owner of an unregistrable movable dwelling or registrable movable dwelling with attached rigid annexe before the dwelling or annexe is installed on a site in the caravan park; and

(b) to the resident of such a dwelling before the resident takes up residency of that dwelling on that site.


38. Termite areas—rigid annexes

If a caravan park is in an area that the council has designated under the Building Regulations 19943 as an area likely to be subject to infestation by termites, the caravan park owner must not permit a rigid annexe to be installed in the caravan park unless the rigid annexe is protected against termite infestation to the satisfaction of the council.


39. Lighting

A caravan park owner must ensure that the common areas, roadways, recreation areas and

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paths in the caravan park are lit to the satisfaction of the council.


Division 5—Maintenance

40. Maintenance of movable dwellings

A person who is the owner of an unregistrable movable dwelling, registrable movable dwelling, or annexe located in a caravan park must maintain the dwelling or annexe in a good state of repair and in a clean, sanitary and hygienic condition.


41. Standards for occupiers

A person who is an occupier of a site in a caravan park must keep the site clean and tidy.


42. Maintenance of existing buildings

A caravan park owner must ensure that buildings and facilities in a caravan park are maintained and kept in a condition suitable for use by residents and occupiers of that caravan park.


43. Maintenance of prefabs

A person who is the owner of a prefab in a caravan park must maintain the prefab in—

(a) good working order; and

(b) a clean, sanitary and safe condition; and

(c) a good state of repair.

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PART 4—TRANSITIONAL

44. Standards of certain constructed and installed movable dwellings

(1) Regulations 15, 17 to 21 do not apply to an unregistrable movable dwelling constructed and installed before 1 November 1993.

(2) Regulations 16 to 21 do not apply to a rigid annexe constructed and installed before 1 November 1993.

45. Standards of certain constructed but not installed movable dwellings

(1) Regulations 15, 17 to 19 and 21 (except clause 5 of Schedule 3) do not apply to an unregistrable movable dwelling constructed but not installed before 1 November 1993.

(2) Regulations 16 to 19 and 21 do not apply to a rigid annexe constructed but not installed before 1 November 1993.

46. Continuation of registration

Any caravan park which was registered under the Residential Tenancies (Caravan Parks and Movable Dwellings Registration and Standards) Regulations 1998 immediately before 1 July 1999 is to be taken to be registered under these Regulations for the remainder of the period for which it was registered under the Residential Tenancies (Caravan Parks and Movable Dwellings Registration and Standards) Regulations 1998.

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SCHEDULES

SCHEDULE 1

STANDARDS AND CODES

1. Standards or codes published by Standards Australia

AS 1288–1994, Glass in buildings—Selection and installation.

AS 1170.1–1989, Loading Code, Part 1: Dead and live loads and load combinations.

AS 1170.2–1989, Loading Code, Part 2: Wind loads.

AS 3000–1991, Wiring Rules.

AS 3001–1990, Electrical Installations—Movable premises (including caravans) and their site installations.

AS 3005–1982, Electrical installations of tents and similar temporary structures for domestic purposes.

AS 3500.1.1–1998, National Plumbing and Drainage Part 1.1: Water Supply—Performance requirements.

AS 3500.1.2–1996, National Plumbing and Drainage Part 1.2: Water Supply—Acceptable solutions.

AS 3500.2.1–1996, National Plumbing and Drainage Part 2.1: Sanitary Plumbing and Drainage—Performance requirements.

AS 3500.3.1–1998, National Plumbing and Drainage Part 3.1: Stormwater Drainage—Performance requirements.

AS 3500.4.1–1997, National Plumbing and Drainage Part 4.1: Hot Water Supply Systems—Performance requirements.

AS 3786–1993, Smoke Alarms.

2. Standard published jointly by Standards Australia and Standards New Zealand

AS/NZS 3500.2.2–1996, National Plumbing and Drainage Part 2.2: Sanitary plumbing and drainage—Acceptable solutions.

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AS/NZS 3500.3.2–1998, National Plumbing and Drainage Part 3.2: Stormwater Drainage—Acceptable solutions.

AS/NZS 3500.4.2–1997, National Plumbing and Drainage Part 4.2: Hot Water Supply Systems—Acceptable solutions.

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SCHEDULE 2

FORMS

FORM 1

Regulations 6(a) and 7(a)


APPLICATION FOR REGISTRATION/RENEWAL OF REGISTRATION OF A CARAVAN PARK

To (name of council):

I (applicant's name) of (applicant's address) being the owner of (name of caravan park) situated at (address of caravan park) apply for *registration/renewal of registration of (caravan park name) for the period / / to 31/12/ .

Number of: long term sites

short term sites

camp sites

* Delete what is not applicable.

Signature:

Date:

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FORM 2

Regulation 8(2)


CERTIFICATE OF *REGISTRATION/RENEWAL OF REGISTRATION OF A CARAVAN PARK

The (name of council) *registers/renews the registration of (name of caravan park) situated at (address of caravan park).

The certificate is granted to (name of owner of caravan park) of (address of owner of caravan park).

The certificate has effect until the 31/12/ .

Name of person authorised to issue certificate:

Signature of person authorised to issue certificate:

Date of issue:

* Delete what is not applicable.

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FORM 3

Regulation 10(1)(a)


APPLICATION FOR TRANSFER OF REGISTRATION OF A CARAVAN PARK

To (name of council):

I (name of applicant) of (address of applicant), the holder of a certificate of registration of (name of caravan park) situated at (address of caravan park) apply to have that registration transferred to:

Name of new caravan park owner:

Address of new caravan park owner:

Signature of applicant:

Date:

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FORM 4

Regulation 11(2)


ENDORSEMENT

The (name of council) transfers the registration set out on this certificate to (name and address of new caravan park owner) for the period from this date until 31/12/ .

Name of person authorised to issue certificate:

Signature of person authorised to issue certificate:

Date of issue:

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SCHEDULE 3


DESIGN, CONSTRUCTION, INSTALLATION AND MAINTENANCE OF MOVABLE DWELLINGS

PART 1—UNREGISTRABLE MOVABLE DWELLINGS

1. Structure and design

(1) An unregistrable movable dwelling must be of a design which is structurally sound.

(2) Footings of an unregistrable movable dwelling, including slab-on-ground footings must—

(a) be designed and constructed so that any relative movements of separate footings and of different parts of any one footing under loading, or of a footing and any other element of the substructure will not impair the stability of or cause significant structural damage to the movable dwelling; and

(b) be done to the satisfaction of the council.

(3) An unregistrable movable dwelling or major part of an unregistrable movable dwelling must have its own chassis capable of supporting the structure adequately at all times, including transportation on its attached running gear.

(4) An unregistrable movable dwelling must be provided with anchor points for the attachment of tie-down gear.

(5) An unregistrable movable dwelling must be designed and constructed in accordance with AS 1170.1–1989 and AS 1170.2–1989 except that a design wind speed of not less than 41 metres per second must be used for wind loading in testing structural soundness.

(6) Glazing materials used in an unregistrable movable dwelling must be selected and installed in accordance with the provisions of AS 1288–1994.

(7) The average ceiling height of a habitable room in an unregistrable movable dwelling must be 2400 mm for at least two-thirds of the floor area of the room.

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(8) The minimum height of a ceiling of a habitable room in an unregistrable movable dwelling must not be less than 2100 mm.

(9) The enclosed floor area (inclusive of the area of any annexe) of an unregistrable movable dwelling used for residence must be at least 15 square metres.

(10) A laundry or toilet contained in an unregistrable movable dwelling must be separated by a door from any area where food is prepared.

(11) A transportable bathroom facility for use with an unregistrable movable dwelling must comply with sub-clauses (1) and (2)(a) and (b) and clauses 2 and 3.

2. Room areas

(1) If any of the following facilities are provided in an unregistrable movable dwelling the facilities must have the following minimum floor areas—

(a) bathroom (without a separate bath and shower)—2·2 square metres;

(b) bathroom (with separate bath and shower)—2·8 square metres;

(c) shower room—1·1 square metres; and

(d) in a bathroom or shower room that includes the following items—

(i) toilet—an additional 0·7 square metres;

(ii) a washing machine—an additional 0·7 square metres;

(iii) a washing machine with tub—an additional 1·1 square metres;

(iv) a clothes drying machine—an additional 0·5 square metres.

(2) If a toilet is installed separately from the bathroom or laundry facilities in an unregistrable movable dwelling, it must have a minimum area of 1·1 square metres and a minimum width of 0·8 metres.

3. Moisture prevention

In an unregistrable movable dwelling that has a bathroom, a shower or a toilet—

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(a) the floor of the room must be of, or covered by, a material impervious to moisture; and

(b) the walls of the room must have a height of at least 1·8 metres and must be covered by a material impervious to moisture.

4. Lighting and ventilation

(1) An unregistrable movable dwelling, or a registrable movable dwelling used by a resident in a caravan park, must have a minimum window area of at least 10% of the floor area of each room.

(2) At least 50% of the window area referred to in sub-clause (1) must consist of windows which are capable of being opened to the outside.

(3) The floor area referred to in sub-clause (1) does not include the floor area of a bathroom, shower or laundry that has adequate artificial light and mechanical ventilation.

5. Installation

(1) With the approval of the council, the wheels and axles of an unregistrable movable dwelling may be removed but only when the dwelling is placed on footings in accordance with the requirements of clause 1(2).

(2) If the unregistrable movable dwelling is placed on footings in accordance with clause 1(2), a clearance of not less than 150 mm between the ground and the underfloor surface with adequate ventilation must be provided unless the council approves otherwise.

6. Services

(1) Electrical installation and wiring within the unregistrable movable dwelling must be in accordance with AS 3000–1991 or AS 3001–1990.

(2) Any sanitary plumbing and drainage within or connected to the unregistrable movable dwelling must be in accordance with AS 3500.1.1–1998, AS 3500.1.2–1996, AS 3500.2.1–1996, AS/NZS 3500.2.2–1996, AS 3500.3.1–1998, AS/NZS 3500.3.2–1998, AS 3500.4.1–1997 and AS/NZS 3500.4.2–1997.

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PART 2—ANNEXES

7. Annexes—general

(1) Annexes must be portable and capable of being readily dismantled.

(2) An annexe must not be enclosed on the side abutting the movable dwelling.

(3) An annexe to a movable dwelling must not remain erected if the movable dwelling is not on site.

8. Rigid annexes—dimensions

(1) A rigid annexe attached to a registrable movable dwelling must be no longer than the body of that movable dwelling and must be no wider than 3·05 metres, plus a 300 mm eave.

(2) A rigid annexe attached to an unregistrable movable dwelling must be—

(a) no longer than the body of that movable dwelling; and

(b) no wider than 3·6 metres plus a 300 mm eave; and

(c) overall not larger than the total floor area of the movable dwelling to which it is attached.

(3) The height of a rigid annexe must not exceed the principal height of the roof of the movable dwelling to which it is attached.

9. Rigid annexes—structure and design

(1) A rigid annexe must be designed to comply with the standards of structural soundness, health and safety prescribed by clause 1 for unregistrable movable dwellings, except for the ceiling height requirements and provision of chassis and running gear.

(2) Each rigid annexe design must be structurally sound.

(3) The components of a rigid annexe wall and roof, excluding windows and doors, must be of commercially manufactured modular panel construction or equivalent materials approved by the council.

(4) Each rigid annexe must be designed and constructed in accordance with AS 1170.1–1989 and AS 1170.2–1989, except that a design wind speed of not less than 41 metres per second must be used.

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(5) Any floor that is used in a rigid annexe must be of commercially manufactured modular construction and secured with removable fasteners unless it is an impervious concrete slab on ground or similar concrete paving constructed as a fixture to a site.

(6) If any floor that is used in a rigid annexe is constructed of particle-board or equivalent material, the under floor surface must be at least 150 mm above ground level and must have adequate ventilation.

(7) Wall and roof panels must be interlocked, screwed or bolted together.

10. Rigid annexes—room areas

(1) The ceiling height of a rigid annexe must average no less than 2·2 metres and must not be, in any case, less than 2·1 metres.

(2) If a bathroom, shower room, toilet, or laundry facilities is or are provided in a rigid annexe, the minimum floor areas required for unregistrable movable dwellings in clauses 2 and 3 apply.

11. Moisture Prevention

(1) When the floor of a bathroom, shower room, toilet or laundry is less than 400 mm above ground level the underside of the floor must be damp-proofed to the satisfaction of the council.

(2) The floors in the wet areas must be a commercially manufactured raised floor or of an equivalent material which is to the satisfaction of the council.

12. Installation

(1) Any rigid annexe must be installed on site to the satisfaction of the council.

(2) If a rigid annexe is attached to a registrable movable dwelling, the registrable movable dwelling must be installed to the satisfaction of the council.

13. Services

Clause 6 applies to annexes in the same way as it applies to unregistrable movable dwellings.

14. Flexible annexes

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A flexible annexe, attached to a movable dwelling, that is used as a residence must not be used as a bathroom, toilet or laundry.

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SCHEDULE 4

PREFABS (PREFABRICATED HOLIDAY UNITS)

1. Structural performance

A prefab must be designed to withstand—

(a) its own deadload; and

(b) wind pressures in accordance with AS 1170.2–1989.

2. Services

(1) Any electrical installations in a prefab must comply with AS 3005–1982.

(2) Any sanitary plumbing and drainage within or connected to the prefab must comply with AS 3500.1.1–1998, AS 3500.1.2–1996, AS 3500.2.1–1996, AS/NZS 3500.2.2–1996, AS 3500.3.1–1998, AS/NZS 3500.3.2–1998, AS 3500.4.1–1997 and AS/NZS 3500.4.2–1997.

(3) Any glazing in the walls of a prefab must comply with AS 1288–1994.

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SCHEDULE 5

SANITARY FACILITIES

1. Performance

A caravan park must contain adequate sanitary facilities to the satisfaction of the council.

2. Minimum requirement for residents

In determining the requirements under clause 1 in relation to residents, the following minimum facilities are to be provided—

(a) sanitary facilities in accordance with Table F2.1 of the Building Code of Australia 1996 (published by the Australian Building Codes Board) for a Class 3 building on the basis of one resident per long term site; and

(b) laundry facilities comprising—

(i) a wash trough and washing machine; and

(ii) a clothes drier or 25m of clothes line; and

(iii) an ironing board and power outlet—

for each 25 long term sites or part thereof, where private facilities are not provided.

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NOTES

1 Reg. 3: The Residential Tenancies (Caravan Parks and Movable Dwellings

Registration and Standards) Regulations 1998 (S.R. No. 79/1998) expire on 30 June 1999.

2 Reg. 37: S.R. No. 81/1994. 3 Reg. 38: S.R. No. 81/1994.

—— Table of Applied, Adopted or Incorporated Matter Required by

Subordinate Legislation Regulations 1994

Note that the following table of applied, adopted or incorporated matter is included in accordance with the requirements of regulation 6 of the Subordinate Legislation Regulations 1994.

Statutory Rule Provision

Title of applied, adopted or incorporated document

Matter in applied, adopted or incorporated document

Regulations 25 and 26

AS 3786–1993, Smoke Alarms

Whole document

Clauses 1(5) and 9(4) of Schedule 3

AS 1170.1–1989, Loading Code, Part 1: Dead and live loads and load combinations

Whole document

Clauses 1(5) and 9(4) of Schedule 3

AS 1170.2–1989, Loading Code, Part 2: Wind loads

Whole document

Clause 1(6) of Schedule 3 and clause 2(3) of Schedule 4

AS 1288–1994, Glass in buildings—Selection and installation

Whole document

Clause 6(1) of Schedule 3

AS 3000–1991, Wiring Rules Whole document


AS 3001–1990, Electrical Installations—Movable premises (including caravans) and their site installations

Whole document

Notes

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NOTES—continued Statutory Rule Provision




AS 3500.1.1–1996, National Plumbing and Drainage Part 1.1: Water supply—Performance requirements

Whole document


AS 3500.1.2–1996, National Plumbing and Drainage Part 1.2: Water supply—Acceptable solutions

Whole document


AS 3500.2.1–1996, National Plumbing and Drainage Part 2.1: Sanitary Plumbing and Drainage—Performance requirements

Whole document


AS/NZ 3500.2.2–1996, National Plumbing and Drainage Part 2.2: Sanitary Plumbing and Drainage—Acceptable solutions

Whole document


AS 3500.3.1–1998, National Plumbing and Drainage Part 3.1: Stormwater Drainage—Performance requirements

Whole document


AS/NZ 3500.3.2–1996, National Plumbing and Drainage Part 3.2: Stormwater Drainage—Acceptable solutions

Whole document


AS 3500.4.1–1997, National Plumbing and Drainage Part 4.1: Hot Water Supply Systems—Performance requirements

Whole document

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NOTES—continued Statutory Rule Provision




AS/NZS 3500.4.2–1997, National Plumbing and Drainage Part 4.2: Hot Water Supply Systems—Acceptable solutions

Whole document


AS 3005–1982, Electrical installations—Movable premises (including caravans) and their site installations

Whole document

Clause 2(a) of Schedule 5

Building Code of Australia 1996, published by the Australian Building Codes Board

Table F2.1

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