Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
Background:
Council has been involved in the investigation of needs and development of strategies for the
encouragement of Bed & Breakfast Establishments in the region. This process has been predicated,
in the main, on the utilisation of existing infrastructure thus minimising impacts on the local
environment.
Definition:
“Bed & Breakfast Establishment” means a dwelling house used by its permanent residents (including
the owner) to provide short term paid accommodation (which may include meals) and includes
ancillary buildings within the curtilage of the dwelling house.
Policy:
The policy of Council is to create an environment that:
1. Supports diversity of the accommodation base in the Lismore City Council area.
2. Provides an effective framework of guidelines within Lismore City Council to develop Bed &
Breakfast accommodation.
3. Contributes to the establishment of a “user-friendly” accreditation process which is convenient for
potential operators and provides the process for various Council groups to support suitable
development.
4. Ensures the maintenance of a satisfactory standard of facility which has Planning as well as
Environmental Health & Building Regulations approval.
5. Maintains the amenity of both the property and the neighbourhood where a Bed & Breakfast
establishment is located.
6. Makes available a simple “brand” which will clearly identify Council accredited Bed & Breakfast
facilities.
7. Ensures the facility is adequately signposted as required.
2
MARCH 2005
3
Contents
1.0 Introduction ................................................................................................................................... 4
1.1 Guidelines...................................................................................................................................... 4
2.0 Objectives ...................................................................................................................................... 4
3.0 Definitions ..................................................................................................................................... 4
3.1 Reference Documents .................................................................................................................. 4
4.0 Environmental Health and Building Design Requirements........................................................ 5
4.1 Introduction ................................................................................................................................... 5
4.2 Building Classification.................................................................................................................. 5
4.3 Fire Safety...................................................................................................................................... 5
4.4 Facilities to be provided ............................................................................................................... 7
4.5 Kitchen and Food Handling Facilities .......................................................................................... 7
4.6 Food Safety Plan ........................................................................................................................... 8
4.7 Water Supply ................................................................................................................................. 9
4.8 General Cleanliness ...................................................................................................................... 9
4.9 Effluent Disposal ......................................................................................................................... 10
4.10 Swimming and Spa Pools ........................................................................................................... 10
4.11 Noise Control .............................................................................................................................. 10
4.12 Legionella Control ...................................................................................................................... 11
4.12 Registration ................................................................................................................................. 11
5.0 Making a Development Application ........................................................................................... 11
APPENDIX 1- Local Government (Orders) Regulation 1999 ............................................................... 13
APPENDIX 2 - Policy 11.2.1 ................................................................................................................... 14
APPENDIX 3 - PLANNING CONTROLS FOR THE DEVELOPMENT OF ............................................... 14
4
1.0 Introduction
This Guideline has been formulated in response to the increase in interest by residents and visitors to
the City of Lismore for an alternative source of tourist accommodation. This guideline is specific to
Environmental Health and Building Design Matters relating to bed and breakfast and farmstay style
accommodation in the Lismore City Council Local Government Area.
This policy should be read in conjunction with Council’s Policy Manual 11.2.1 - Bed & Breakfast
Establishments (Appendix 2) and Planning Controls for the Development of Bed and Breakfast
Establishments (Appendix 3).
1.1 Guidelines
The items listed in this document (where an existing dwelling is to be converted to a Bed and
Breakfast) are only to be used as a guide and are not intended to prohibit a proposed conversion.
Items in the building and fire safety section are considered essential to a Bed and Breakfast
conversion are listed as mandatory. Other guidelines may be insisted upon if the Council believes
they are relevant in the individual case.
Any building to be solely constructed for the purpose of a Bed and Breakfast is expected to comply
with all the guidelines listed in this document.
2.0 Objectives
The general objectives of this Guideline are to:
a) Provide an effective framework of guidelines within the Lismore City Council area to facilitate the
development of bed and breakfast establishments.
b) Ensure the provision of a satisfactory level of service to guests and that such premises meet
appropriate development, fire safety and environmental health standards.
c) Ensure the maintenance and amenity of both the property and the neighbourhood where a bed and
breakfast establishment is situated.
3.0 Definitions
For the purposes of this guideline the following definition applies;
‘Bed and Breakfast establishment’ means a dwelling-house used by its permanent residents (including
the owner) to provide short term paid accommodation (which may include meals) and includes
ancillary buildings within the curtilage of the dwelling-house.
b) Food Act 2003; Food Regulation 2004 and Food Standards Code
c) Environmental and Health Protection Guidelines - On-site Sewage Management Facilities for
Single Households (OSMSH Guidelines), Lismore City Council On-Site Sewage and Wastewater
Management Strategy.
d) Public Health Act 1991 and Public Health (Microbial Control) Regulation 2000; Public Health
(Swimming Pool and Spa Pool) Reg 2000 and Public Health (General) Regulation 2002.
e) Guideline for Disinfecting Public Swimming Pools and Spa Pools – NSW Health Department.
g) NSW Code of Practice for the Control of Legionella Disease – NSW Health Department.
h) AS/NZS 3666.2 1995 Air handling and Water systems of buildings – microbial control – operations
and maintenance.
4.1 Introduction
Local Councils are recognised by the community as having the responsibility to ensure that buildings
comply with the minimum standards for construction, safety, health and convenience. In this respect
bed and breakfast establishments will be required to comply with the relevant requirements of
Council’s Planning and Development Group, including compliance with the standards pertaining to the
Building Code of Australia, the Food Act 2003 and other Public Health and Swimming Pool legislation.
It is strongly recommended that prior consultations be conducted with Council’s Health and Building
Surveyor’s and Environmental Health Officers when contemplating or preparing a Development
Application for a bed and breakfast establishment.
A Class 1b building has been defined as “ a boarding house, guest house, hostel or the like with a total
floor area not exceeding 300 m2 and in which not more than twelve (12) persons would ordinarily be
resident, which is not located above or below another class of building other than a private garage”.
In the event of the floor area exceeding 300 m2 or the building accommodating more than twelve (12)
persons the classification of the premises may change to Class 3 under the BCA. This may require
additional fire safety measures and compliance with disabled access provisions.
“Floor area” is deemed to include the area of any storey of the floor of the dwelling measured from the
outer extremity of the enclosing walls.
Stairways, ramps and balconies shall be designed so as to provide a safe passage in relation to the
nature, volume and frequency of the likely usage. All paths of travel are to be maintained free of
obstruction at all times.
b) consist of –
a) not more than eighteen (18) or not less than two (2) risers in each flight;
c) risers shall not have any opening that would allow a 125mm sphere to pass through them;
d) treads will be of non-slip finish or be provided with a no skid strip near the edge of the nosing;
e) going (G), riser (R) and quantity (2R+G) shall comply with the following table.
7
be one (1) metre in height above the floor of any access path, balcony, landing or the like;
865mm above the nosing of stair tread, and above the floor surface of the ramp, landing or the like;
and
any opening does not permit a 125mm sphere to pass through it.
escape paths are to be kept clear at all times.
Adequate toilet, washing facilities and sleeping room floor areas must be provided for the occupants of
the building. Each main dwelling shall be provided with:
A kitchen sink and facilities for the preparation of food, including a kitchen handwash basin.
A bath and/or shower
Clothes washing facilities
Appropriate toilet facilities and hand wash basins
Sleeping rooms or cubicle floor areas complying with Clause 22 of the Public Health (General) Reg
2002 and where it applies, meeting the Standards for shared accommodation in the Local
Government (Orders) Reg 1999.
The Public Health (General) Reg. 2002 provides that generally floor areas are to be a minimum of
5.5m2 per person for long term accommodation (=>28 consecutive days) otherwise 2m2 per person.
Clause 9 and Schedule 1 of the Local Government (Orders) Reg. 1999 outline standards for some
places of shared accommodation including maximum numbers to be accommodated, notices, light and
ventilation, general cleanliness, furniture and fittings and extra facilities for persons accommodated for
7 days or longer. The Schedule is reproduced as Appendix 1 of this Guideline.
Performance Objective
8
To ensure that food storage and meal preparation areas and processes are conducive to the
preparation and consumption of safe food for guests.
Any kitchen facilities and utensils for the storage or preparation of food must be maintained in a clean
and healthy condition and in good repair. The food preparation and storage areas shall generally
comply with AS4674, the Food Act 2003, and Food Standards Code. Specifically council will ensure
the following standards apply;
No animals are permitted in food preparation areas and assistance animals only in dining and other
areas used by customers.
A copy of health and hygiene requirements of the Food Standards Code, Standard 3.2.2, being
kept on premises.
All “potentially hazardous” food to be stored at a temperature that prevents growth of bacteria
below (5 Celsius - in the case of cold foods or above 60 Celsius – in the case of hot foods).
Frozen foods must remain frozen.
Easily viewable thermometer (preferably shatter proof) situated in the refrigerator for monitoring
temperature (Clause 22 std 3.2.2).
The provision of either a double bowl sink, or a single bowl sink and a dishwasher (preferably
commercial grade dishwasher with wash/rinse cycle at 77 Celsius or domestic dishwasher using
commercial grade chemical sanitiser).
The provision of a hand washbasin with a single spout, soap and towel provided with warm running
water within or in a reasonable proximity to the kitchen.
Benches and floors to be finished with a smooth and durable material, which is impervious to
moisture and easily cleanable.
The building shall be provided with insect screening and the construction shall, as far as is
practical, not be likely to harbour vermin.
Methods of storage of food, including dry, cold and hot, both before and after preparation;
Procedures and methods of food handling, from the time of delivery of the food, to the point of sale,
and all steps in between;
Cleaning and sanitising schedules for all appliances, equipment and the premises;
Temperature control for hot and cold food, including means of taking food temperatures and log
books kept;
Physical protection of all food from contamination (physical, chemical and microbiological) during
all phases from purchase to point of sale;
Where the establishment is not connected to a reticulated water supply system and the water utilised
therein is drawn from supply tanks or other alternative permanent sources, the water supply is to be of
potable standard for human consumption and domestic purposes. In order to ensure the continued
potability of the supply, the following measures should protect the supply;
Groundwater supplies (if proposed) should be analysed for chemical, physical and microbiological
parameters in order to gauge suitability of supply;
Installation of a first flush diversion system to any rainwater water tank supply;
Maintenance of roof guttering to ensure a clean water supply and ensure no overhanging
vegetation;
Have water supply tested for microbiological quality (E.Coli nil/100ml) at least annually and
preferably quarterly and if the water fails, disinfect, rectify any defect and contact Council or the
Public Health Unit.
Ensure storage tank inlets and overflows are protected with mesh.
A one micron (1) water filter may be provided to the kitchen taps, and if provided,
maintain/replace the filters in accordance with the filter manufacturer’s recommendations.
Include advice by way of written statement to occupiers that rainwater tanks are the source of
water and persons who may be immunocompromised are encouraged to use water that has been
boiled or bottled water for drinking and for dental health.
Part 2B of the Public Health Act provides for the safety of drinking water and including regulating a
“supplier of drinking water” by:
Issuing advice to a supplier of drinking water to be provided to the public;
Requiring information of the quality and treatment of the water;
To restrict or prevent the use of water for drinking.
A bed and breakfast establishment, without reticulated town water, is a “supplier of drinking water”.
The NSW Health Department administers this legislative provision. The North Coast Public Health Unit
(6627 0500) is the local representative of NSW Health.
All parts of the premises and all appliances (including furniture, fittings, beds and bed linen) must be
kept in a clean and healthy conditions, in good repair and free from vermin.
All waste must be deposited in appropriate lidded receptacles and disposed of to the requirements of
council.
Sheets, pillowcases and towelling shall be changed after each individual guest and changed after a
maximum of 7 days but usually after two days of occupied use by the same guest.
10
For existing dwellings, Council may require the submission of a report from a suitably qualified person
demonstrating compliance with recognised standards and principles of the Environment and Health
Protection Guidelines and Council’s On Site Sewage and Wastewater Management Strategy.
The pool is to be separately fenced from residential buildings with a child-resistant barrier as
set out in AS1926 –1986.
A prescribed warning notice is to be displayed in the pool area.
Permits inspections and provides for penalties for non-compliance.
b) Pools at a Guest House are a public swimming or spa pool pursuant to the Public Health
(Swimming Pools and Spa Pools) Regulation 2000 and pool water is to be disinfected and the pool
surrounds, including toilets etc, are to prevent the transmission of disease. The legislation permits:
Inspections, sampling of water and if a pool is a risk to public health allows for closure of the
pool.
References the NSW Health Department’s Guidelines for Disinfecting Public Swimming Pools
and Spa Pools, which includes daily recording of disinfectant levels when the pool is available
for patrons.
Swimming & spa pool pumps 8pm to 8am on Sundays and Public Holidays
Outside of these hours, restrictions can be imposed if they cause “offensive noise”.
11
In urban areas Council may require noise barriers in the form of solid boundary fences to mitigate
noise from the premises and to maintain the amenity.
The following are required to be registered with Council - water cooling systems and warm-water
system (Clause 15 of the Reg).
Spa pools have been a source of Legionella and the water must comply with the disinfection guidelines
for public swimming pools.
The North Coast Public Health Unit’s Guideline “Legionella and Microbial Control in NSW” (ph
66207500) is helpful to understand the legislation.
4.12 Registration
Performance Objective
To ensure compliance with relevant health and safety standards.
Regular inspections by Council officers will be undertaken (with an applicable fee) to ensure the
approved standards are maintained in accordance with the NSW Food Act 2003 and the NSW Food
Regulation 2004 and other legislation and standards nominated within this guideline document.
Council should be contacted to ascertain the applicable fees at any time.
The development application is to include all relevant matters contained on and required by the
application form and should particularly address the following:
a) A completed Lismore City Council development application form, which includes the land owner’s
authorisation and Statement of Environmental Effects.
c) Six (6) copies of the floor plans and elevations of all buildings (existing and proposed) which
comprise the development, drawn accurately to scale.
d) A scaled and detailed site plan identifying locations of any buildings, car parking, driveways,
landscaping, effluent disposal areas etc. Such plans are to indicate both the existing and proposed
situation.
e) Details of the proposed domestic water supply, including water treatment systems and effluent
disposal system (where reticulated systems are not available).
g) Written details describing the development including the number of guests, hours and days of
operation, general management of the business etc.
12
h) Details of proposed signage including the dimensions and area of the sign face, colours, wording
and means of erection, as well as any proposed directional signage with road network leading to
the establishment.
(Clause 9)
2. Notices
(1) A sign indicating the permissible maximum length of time during which a person may board or
lodge in the premises must be conspicuously displayed to public view outside the premises.
(2) A schedule showing the numeral designating each bedroom and dormitory and the number of
persons permitted to be accommodated in each must be conspicuously displayed on the premises.
(3) Each bedroom must be numbered in accordance with the schedule and there must be displayed
clearly on the door of or in each bedroom the maximum number of persons allowed to be
accommodated in the bedroom.
4. Kitchen facilities
(1) Any kitchen facilities and utensils for the storage or preparation of food must be kept in a clean
and healthy condition, in good repair, free from foul odours and, as far as practicable, free from
dust, flies, insects and vermin.
(2) The floor of any kitchen must have an approved impervious surface.
5. General cleanliness
(1) All parts of the premises and all appurtenances (including furniture, fittings, bedsteads, beds and
bed linen) must be kept in a clean and healthy condition, and free from vermin.
(2) Pans, receptacles or other waste storage devices must be kept covered and all waste must be
deposited in appropriate pans, receptacles or other waste storage devices.
Background:
The following are the planning controls pertinent to the development of regional bed & breakfast
facilities where the prime aim is to facilitate the development of bed & breakfast accommodation as a
sustainable, low impact tourism produce base with niche market appeal.
These controls should be read in concert with Council’s Policy No. 11.2.1 on the development of bed &
breakfast establishments.
Planning Criteria
1. Bed & breakfast establishments are permissible with the development consent of Council in the
zones below, apart from where there is vehicular access to or egress from the land directly from or
to the Bruxner Highway or Bangalow Road where the speed limit is more than 80 km/h:
2. Bed & breakfast establishments are to be operated by the resident/owner(s) of the dwelling.
3. Bed & breakfast accommodation must be for short term guests only and not considered as long
term permanent accommodation.
4. The first three (3) habitable bedrooms in the bed and breakfast establishment (excluding e.g.
lounge and dining room) do not attract Section 94 levies. Further bedrooms used for bed and
breakfast accommodation attract full Section 94 levies calculated at the current rate.
5. The approval procedure within the LEP shall be “development with consent”.
6. Onsite parking to be provided on the basis of one space per guest room, plus existing parking for
manager/residents.
7. The Development Application fee, payable by the applicant, is in accordance with Council’s
Adopted Fees and Charges Schedule, applicable at time of lodgement.
Signs
1. Council may permit one sign on the property to indicate the house is a bed and breakfast
establishment and the name of the proprietor. The sign shall not exceed 0.5m2 and shall maintain
the character of the house. The sign will also contain a simple “brand” that will identify the
establishment as a Lismore City Council accredited facility.
2. Directional signposting for establishments located off main roads will be approved by the City
Works Group and Traffic Committee, with signs issued on a user pays basis. It is considered that
directional signage is an important factor in assisting visitors to access their destination in a safe,
informed manner.
Registration
Council’s development consent is required to use/convert a dwelling house as a “bed and breakfast”
establishment.
Interested operators will receive an information kit from Council staff (see attached example)
containing information and forms to be completed. The application will require sign-off approval from
Planning, Environmental Health and Building, and City Works (in the case of signposting).
A standard rate of fees and charges will be applied in applications which meet the above criteria. Such
16
charges include Development Application and advertising, Environmental Health and Construction
Certificate fees, accredited directional signposting charge and any Section 94 contribution charges
which may apply.
Construction Certificate approvals will be required if any structural changes (internal and/or external)
are proposed for new or existing premises. Major new premises may be deemed commercial under
the requirements of the Building Code of Australia, which incorporates fire safety provisions.
The development application should include a plan of all relevant information on the layout of the
building, the rooms proposed for guest use and that of the permanent residents, the house site,
landscaping and the car parking. Each application will be treated on a merits basis.
Following the approval process the information will be forwarded to the Business & Enterprise Group,
where the Council accreditation logo will be made available to the establishment for use in promotional
material and signage to indicate that the premises has been accredited to a standard accepted by the
Lismore City Council.
Annual inspections will be undertaken where possible by the Environmental Health Officers (with a fee
applied) to ensure that approval standards are maintained.
The staff at the Lismore Visitor and Heritage Centre will visit all accredited premises to become familiar
with the product.