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Residential Tenancies (Caravan Parks and Movable Dwellings Registration and Standards) Regulations 1998

Legislation · Victoria · 2020
i Residential Tenancies (Caravan Parks and Movable Dwellings Registration and Standards) Regulations 1998 S.R. No. 79/1998 TABLE OF PROVISIONS Regulation Page PART 1—PRELIMINARY 1 1. Objective 1 2. Authorising provisions 2 3. Commencement 2 4. Revocation 2 5. Definitions 2 PART 2—REGISTRATION 6 6. Requirement to register 6 7. Application for registration 6 8. Application for renewal of registration 6 9. Transfer of caravan park registration 6 10. Grant or renewal of registration 7 11. Period of registration 7 12. Transfers 7 13. Fees 7 14. Register of caravan parks 8 15. Duty of caravan park owner on registration 8 PART 3—STANDARDS 11 Division 1—Standards for unregistrable movable dwellings and accessories 11 16. Design, construction and installation standards—unregistrable movable dwellings 11 17. Manufacturer's compliance plate 11 18. Design information to be provided on sale of dwelling or annexe 12 19. Notice to council 12 20. Installation certificate 12 -- 1 of 35 -- Regulation Page ii Division 2—Standards for prefabs 13 21. Construction standards—prefabs (prefabricated holiday units) 13 22. Notice to council 14 23. Installation certificate 14 Division 3—Standards for facilities and services in caravan parks 15 24. Health—maintenance, cleanliness, drinking water and refuse 15 25. Fire prevention 15 26. Flood prone land 16 27. Water supply 16 28. Discharge of sewage and waste water 16 29. Sanitary facilities 16 30. Lighting 17 Division 4—Maintenance 17 31. Maintenance of movable dwellings and annexes 17 32. Standards for non-resident occupiers 17 33. Maintenance of existing buildings 17 34. Maintenance of prefabs 18 PART 4—TRANSITIONAL AND EXPIRY 19 35. Compliance of existing movable dwellings and rigid annexes with standards 19 36. Continuation of registration 19 37. Expiry 19 __________________ SCHEDULES 20 SCHEDULE 1—Standards and codes 20 SCHEDULE 2—Registration 21 Form 1—Application for registration/renewal of registration of caravan park 21 Form 2—Application for transfer of registration of a caravan park 22 Form 3—Certificate of *registration/*renewal of registration of a caravan park 23 Form 4—Endorsement 23 SCHEDULE 3—Design, construction, installation and maintenance of movable dwellings 24 SCHEDULE 4—Prefabs (prefabricated holiday units) 29 -- 2 of 35 -- Regulation Page iii SCHEDULE 5—Sanitary facilities 30 ═══════════════ NOTES 31 -- 3 of 35 -- 1 STATUTORY RULES 1998 S.R. No. 79/1998 Residential Tenancies Act 1997 Residential Tenancies (Caravan Parks and Movable Dwellings Registration and Standards) Regulations 1998 The Governor in Council makes the following Regulations: Dated: 30 June 1998 Responsible Minister: ROBERT MACLELLAN Minister for Planning and Local Government SHARNE BRYAN 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. -- 4 of 35 -- S.R. No. 79/1998 Residential Tenancies (Caravan Parks and Movable Dwellings Registration and Standards) Regulations 1998 2 2. Authorising provisions These Regulations are made under sections 514, 515 and 516 of the Residential Tenancies Act 1997. 3. Commencement These Regulations come into operation on 1 July 1998. 4. Revocation The Caravan Parks and Movable Dwellings (Registration and Standards) Regulations 1993 1 are revoked. 5. Definitions In these Regulations— "Act" means the Residential Tenancies Act 1997; "AG" immediately followed by a group of numerals means the particular code published from time to time by The Australian Gas Association A.C.N. 004 206 044 and listed in Schedule 1; "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 r. 2 -- 5 of 35 -- S.R. No. 79/1998 Residential Tenancies (Caravan Parks and Movable Dwellings Registration and Standards) Regulations 1998 3 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; "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 registrable movable dwelling or motor vehicle and intended for use by an occupier other than a resident; "camping area" means an area in a caravan park that is reserved for placement of tents and motor vehicles; "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; r. 5 -- 6 of 35 -- S.R. No. 79/1998 Residential Tenancies (Caravan Parks and Movable Dwellings Registration and Standards) Regulations 1998 4 "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; "registrable movable dwelling" means a movable dwelling that is, or is capable of being registered under the Road Safety Act 1986; "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 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; "tie down gear" means a device that connects the anchor point to the means of restraint for an unregistrable movable dwelling or annexe; r. 5 -- 7 of 35 -- S.R. No. 79/1998 Residential Tenancies (Caravan Parks and Movable Dwellings Registration and Standards) Regulations 1998 5 "unregistrable movable dwelling" means a movable dwelling constructed on a chassis but does not include a registrable movable dwelling or a camper trailer. _______________ r. 5 -- 8 of 35 -- S.R. No. 79/1998 Residential Tenancies (Caravan Parks and Movable Dwellings Registration and Standards) Regulations 1998 6 PART 2—REGISTRATION 6. Requirement to register A caravan park owner must register the caravan park under these Regulations. Penalty: 10 penalty units. 7. Application for registration An application for registration must— (a) be in the form of Form 1 of Schedule 2; and (b) be lodged with 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. 8. Application for renewal of registration An application for renewal of registration of a caravan park must— (a) be in the form of Form 1 of Schedule 2; (b) be lodged with the council on or before 15 November in each year; and (c) be accompanied by the relevant prescribed fee. 9. Transfer of caravan park registration An application for transfer of registration of a caravan park must— (a) be in the form of Form 2 of Schedule 2; (b) be lodged with the council; and r. 6 -- 9 of 35 -- S.R. No. 79/1998 Residential Tenancies (Caravan Parks and Movable Dwellings Registration and Standards) Regulations 1998 7 (c) be accompanied by— (i) the current certificate of registration; and (ii) the relevant prescribed fee. 10. Grant or renewal of registration (1) On an application under regulation 7 or 8, the council may— (a) grant the registration or renewal of registration; and (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 3 in Schedule 2. 11. 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. 12. Transfers (1) On an application under regulation 9, the council may grant the transfer of registration. (2) If an application under regulation 9 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 in Schedule 2. 13. Fees r. 10 r. 13 -- 10 of 35 -- S.R. No. 79/1998 Residential Tenancies (Caravan Parks and Movable Dwellings Registration and Standards) Regulations 1998 8 (1) Subject to sub-regulation (3), the fee for an application for registration or renewal 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. 14. Register of caravan parks A council must keep a register of caravan parks containing the following information— (a) registration number; (b) date of application for registration; (c) name and address of caravan park owner; (d) address of caravan park; (e) date of registration; (f) dates of renewal; (g) date of transfer of registration; and (h) name and address of person to whom registration is transferred. 15. Duty of caravan park owner on registration A caravan park owner must ensure that— (a) a manager or other responsible person— (i) resides in or near the caravan park; and (ii) is responsible for the supervision of the caravan park; and -- 11 of 35 -- S.R. No. 79/1998 Residential Tenancies (Caravan Parks and Movable Dwellings Registration and Standards) Regulations 1998 9 (iii) is available at the caravan park office during normal office hours; and (iv) is accessible at all times in case of an emergency; and (b) a register is maintained specifying— (i) the name and address of each occupier; and (ii) the arrival and departure date of each occupier; and (iii) the site and vehicle registration numbers in respect of each occupier; and (c) the following are displayed in a prominent position at the caravan park office or other place approved by the council— (i) the caravan park registration certificate; (ii) a plan of the caravan park; (iii) a copy of the caravan park rules; (iv) an emergency contact person and his or her telephone number; (d) if the registration is to be transferred, a copy of the application for transfer must be displayed in a prominent position at the caravan park office or other place approved by the council; and (e) occupiers have access to copies of the Residential Tenancies Act 1997, these Regulations, the caravan park rules and any compliance notices which are issued by the council or the Minister in relation to contravention of the regulations or the Act by the caravan park owner and any r. 15 -- 12 of 35 -- S.R. No. 79/1998 Residential Tenancies (Caravan Parks and Movable Dwellings Registration and Standards) Regulations 1998 10 exemptions made in relation to or affecting the caravan park. Penalty: 10 penalty units. _______________ r. 15 -- 13 of 35 -- S.R. No. 79/1998 Residential Tenancies (Caravan Parks and Movable Dwellings Registration and Standards) Regulations 1998 11 PART 3—STANDARDS Division 1—Standards for unregistrable movable dwellings and accessories 16. 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 Schedule 3. (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 Schedule 3. Penalty: 10 penalty units. 17. Manufacturer's compliance plate (1) 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 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 Schedule 3. Penalty: 10 penalty units. r. 16 -- 14 of 35 -- S.R. No. 79/1998 Residential Tenancies (Caravan Parks and Movable Dwellings Registration and Standards) Regulations 1998 12 (2) 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 sub-regulation (1). Penalty: 10 penalty units. 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. Penalty: 10 penalty units. 19. 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 installation or in such lesser time as determined by the council. Penalty: 10 penalty units. 20. 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. Penalty: 10 penalty units. (2) The person who is the owner of the unregistrable movable dwelling or rigid annexe must give a r. 18 -- 15 of 35 -- S.R. No. 79/1998 Residential Tenancies (Caravan Parks and Movable Dwellings Registration and Standards) Regulations 1998 13 copy of the installation certificate to the caravan park owner and the council within 7 days of the completion of the installation. Penalty: 10 penalty units. (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 manufacturer's instructions; and (ii) the requirements of any relevant statutory authority; and (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 21. 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. Penalty: 10 penalty units. r. 21 -- 16 of 35 -- S.R. No. 79/1998 Residential Tenancies (Caravan Parks and Movable Dwellings Registration and Standards) Regulations 1998 14 (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 twelve month period. Penalty: 10 penalty units. 22. 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. Penalty: 10 penalty units. 23. 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. Penalty: 10 penalty units. (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. Penalty: 10 penalty units. (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— r. 22 -- 17 of 35 -- S.R. No. 79/1998 Residential Tenancies (Caravan Parks and Movable Dwellings Registration and Standards) Regulations 1998 15 (i) the requirements of Schedule 3; 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—Standards for facilities and services in caravan parks 24. Health—maintenance, cleanliness, drinking water and refuse (1) Regulations 8 and 9 of the Health (Prescribed Accommodation) Regulations 1990 2 apply to movable dwellings in a caravan park, except those which are owner-occupied, as if a caravan park were prescribed accommodation. (2) Regulations 11, 13, and 14 of the Health (Prescribed Accommodation) Regulations 1990 apply to caravan parks as if a caravan park were prescribed accommodation. 25. Fire prevention A caravan park owner must— (a) provide fire fighting facilities in or in relation to the caravan park to the satisfaction of the council after consultation with the relevant fire authority; and (b) provide sufficient space between and around dwellings in the caravan park for access for fire fighters to the satisfaction of the council after consultation with the relevant fire authority. r. 24 -- 18 of 35 -- S.R. No. 79/1998 Residential Tenancies (Caravan Parks and Movable Dwellings Registration and Standards) Regulations 1998 16 26. Flood prone land If a site in a caravan park is on flood prone land, 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 is installed on that site; and (b) to the resident of such a dwelling before the resident takes up residency of that dwelling on that site. 27. Water supply Regulation 10 of the Health (Prescribed Accommodation) Regulations 1990 applies to caravan parks as if a caravan park were prescribed accommodation with the modification that the regulation only relates to sites with permanent connections and to all relevant buildings. 28. Discharge of sewage and waste water Regulation 12 of the Health (Prescribed Accommodation) Regulations 1990 applies to caravan parks as if a caravan park were prescribed accommodation with the modification that— (a) it does not apply to a movable dwelling not used by a resident; and (b) it does not apply to sink waste where sink waste is the only form of effluent. 29. Sanitary facilities A caravan park owner must ensure that the caravan park complies with standards for sanitary facilities set out in Schedule 5. Penalty: 10 penalty units. r. 26 -- 19 of 35 -- S.R. No. 79/1998 Residential Tenancies (Caravan Parks and Movable Dwellings Registration and Standards) Regulations 1998 17 30. Lighting A caravan park owner must ensure that the caravan park is lit to the satisfaction of the council. Penalty: 10 penalty units. Division 4—Maintenance 31. Maintenance of movable dwellings and annexes (1) 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. Penalty: 10 penalty units. (2) A person who is the owner of a registrable movable dwelling in a caravan park must maintain the registrable movable dwelling to a standard adequate to obtain registration under the Road Safety Act 1986. Penalty: 10 penalty units. 32. Standards for non-resident occupiers A person who is a non-resident occupier of a site in a caravan park must keep the site clean and tidy. Penalty: 10 penalty units. 33. Maintenance of existing buildings A caravan park owner must ensure that buildings and facilities in a caravan park are adequately maintained and repaired. Penalty: 10 penalty units. r. 30 -- 20 of 35 -- S.R. No. 79/1998 Residential Tenancies (Caravan Parks and Movable Dwellings Registration and Standards) Regulations 1998 18 34. 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; (b) a clean, sanitary and safe condition; and (c) a good state of repair. Penalty: 10 penalty units. _______________ r. 34 -- 21 of 35 -- S.R. No. 79/1998 Residential Tenancies (Caravan Parks and Movable Dwellings Registration and Standards) Regulations 1998 19 PART 4—TRANSITIONAL AND EXPIRY 35. Compliance of existing movable dwellings and rigid annexes with standards (1) Regulations 16 to 20 do not apply to an unregistrable movable dwelling, registrable movable dwelling or rigid annexe manufactured and installed before 1 November 1993. (2) Regulations 16 to 18 (except clause 5 of Schedule 2) do not apply to an unregistrable movable dwelling or rigid annexe manufactured but not installed before 1 November 1993. 36. Continuation of registration Any caravan park which was registered under the Caravan Parks and Movable Dwellings (Registration and Standards) Regulations 1993 immediately before the commencement of these Regulations is to be taken to be registered under these Regulations for the remainder of the period for which it was registered under the Caravan Parks and Movable Dwellings (Registration and Standards) Regulations 1993. 37. Expiry These Regulations cease to have any force or effect on 30 June 1999. __________________ r. 35 -- 22 of 35 -- S.R. No. 79/1998 Residential Tenancies (Caravan Parks and Movable Dwellings Registration and Standards) Regulations 1998 20 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 3500.2.1–1996, National Plumbing and Drainage Part 2.1: Sanitary plumbing and drainage. 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. 3. Code published by The Australian Gas Association AG 601–1998, Gas installation code. __________________ Sch. 1 -- 23 of 35 -- S.R. No. 79/1998 Residential Tenancies (Caravan Parks and Movable Dwellings Registration and Standards) Regulations 1998 21 SCHEDULE 2 REGISTRATION FORM 1 Residential Tenancies Act 1997 APPLICATION FOR REGISTRATION/RENEWAL OF REGISTRATION OF 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. __________________ Sch. 2 -- 24 of 35 -- S.R. No. 79/1998 Residential Tenancies (Caravan Parks and Movable Dwellings Registration and Standards) Regulations 1998 22 FORM 2 Residential Tenancies Act 1997 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 owner of caravan park: Address of new owner of caravan park: Signature of applicant: Date: __________________ Sch. 2 -- 25 of 35 -- S.R. No. 79/1998 Residential Tenancies (Caravan Parks and Movable Dwellings Registration and Standards) Regulations 1998 23 FORM 3 Residential Tenancies Act 1997 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/ . Signature of person authorised to issue certificate: Date of issue: *Delete what is not applicable. __________________ FORM 4 Residential Tenancies Act 1997 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/ . Signature of person authorised to issue certificate: Date: __________________ Sch. 2 -- 26 of 35 -- S.R. No. 79/1998 Residential Tenancies (Caravan Parks and Movable Dwellings Registration and Standards) Regulations 1998 24 SCHEDULE 3 DESIGN, CONSTRUCTION, INSTALLATION AND MAINTENANCE OF MOVABLE DWELLINGS 1. Structure of unregistrable movable dwellings (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. (8) The minimum height of a ceiling of a habitable room in an unregistrable movable dwelling must not be less than 2100 mm. Sch. 3 -- 27 of 35 -- S.R. No. 79/1998 Residential Tenancies (Caravan Parks and Movable Dwellings Registration and Standards) Regulations 1998 25 (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— (a) the floor of the room must be of, or covered by, a material impervious to moisture; and Sch. 3 -- 28 of 35 -- S.R. No. 79/1998 Residential Tenancies (Caravan Parks and Movable Dwellings Registration and Standards) Regulations 1998 26 (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) All gas fixtures and appliances within the unregistrable movable dwelling must be in accordance with AG 601–1998. 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. Sch. 3 -- 29 of 35 -- S.R. No. 79/1998 Residential Tenancies (Caravan Parks and Movable Dwellings Registration and Standards) Regulations 1998 27 8. Rigid annexes (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) 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. (4) Each rigid annexe design must be structurally sound. (5) 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. (6) 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. (7) The height of a rigid annexe must not exceed the principal height of the roof of the movable dwelling to which it is attached. (8) The ceiling height of a rigid annexe must average no less than 2·2 metres and nowhere be less than 2·1 metres. (9) 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. (10) 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 with adequate ventilation. Sch. 3 -- 30 of 35 -- S.R. No. 79/1998 Residential Tenancies (Caravan Parks and Movable Dwellings Registration and Standards) Regulations 1998 28 (11) Wall and roof panels must be interlocked, screwed or bolted together. (12) If a bathroom, shower room, toilet, or laundry facilities is or are provided in a rigid annexe, the minimum floor areas required for movable dwellings in accordance with clauses 2 and 3 apply. (13) 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. (14) The floors in the wet areas must be a commercially manufactured raised floor or of an equivalent material which is to the satisfaction of council. (15) Any rigid annexe must be installed on site to the satisfaction of council. (16) In areas considered by the council to be subject to infestation by termites, protection against termites must be to the satisfaction of the council. 9. Flexible annexes A flexible annexe that is attached to a movable dwelling used for residence must not be used as a bathroom, toilet or laundry. __________________ Sch. 3 -- 31 of 35 -- S.R. No. 79/1998 Residential Tenancies (Caravan Parks and Movable Dwellings Registration and Standards) Regulations 1998 29 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 gas fixtures and appliances within or connected to a prefab must comply with Part 6 of AG 601–1998. (3) Any sanitary plumbing and drainage within or connected to the prefab must comply with AS 3500.2.1–1996 and AS/NZS 3500.2.2–1996. (4) Any glazing in the walls of a prefab must comply with AS 1288–1994. __________________ Sch. 4 -- 32 of 35 -- S.R. No. 79/1998 Residential Tenancies (Caravan Parks and Movable Dwellings Registration and Standards) Regulations 1998 30 SCHEDULE 5 SANITARY FACILITIES 1. Performance A caravan park must contain adequate sanitary facilities to the satisfaction of 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. ═══════════════ Sch. 5 -- 33 of 35 -- S.R. No. 79/1998 Residential Tenancies (Caravan Parks and Movable Dwellings Registration and Standards) Regulations 1998 31 NOTES 1 Reg. 4: S.R. No. 175/1993. 2 Reg. 24(1): S.R.No. 81/1990. —— 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 or Provision Title of applied, adopted or incorporated document Matter in applied, adopted or incorporated document Clauses 1(5) and 8(6) of Schedule 3 AS 1170.1–1989, Loading Code, Part 1: Dead and live loads and load combinations Whole document Clauses 1(5) and 8(6) of Schedule 3 and Clause 1 of Schedule 4 AS 1170.2–1989, Loading Code, Part 2: Wind loads Whole document Clause 1(6) of Schedule 3 and Clause 2(4) 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 Clause 6(1) of Schedule 3 AS 3001–1990, Electrical Installations—Movable premises (including caravans) and their site installations Whole document Clause 6(2) of Schedule 3 AG 601–1998, Gas installation code Whole document Notes -- 34 of 35 -- S.R. No. 79/1998 Residential Tenancies (Caravan Parks and Movable Dwellings Registration and Standards) Regulations 1998 32 NOTES—continued Statutory Rule or Provision Title of applied, adopted or incorporated document Matter in applied, adopted or incorporated document Clause 2(1) of Schedule 4 AS 3005–1982, Electrical installations—Movable premises (including caravans) and their site installations Whole document Clause 2(2) of Schedule 4 AG 601–1998, Gas installation code Part 6 Clause 2(3) of Schedule 4 AS 3500.2.1–1996, National Plumbing and Drainage Part 2.1: Sanitary plumbing and drainage—Performance requirements Whole document Clause 2(3) of Schedule 4 AS/NZS 3500.2.2—1996, National Plumbing and Drainage Part 2.2: Sanitary plumbing and drainage— Acceptable solutions Whole document Clause 2 of Schedule 5 Building Code of Australia 1996, published by the Australian Building Codes Board Table F2.1 -- 35 of 35 --