Plumbing Amendment Regulations 2012
I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Building Act 2000 .
19 November 2012PETER G. UNDERWOOD
Governor
By His Excellency's Command,
D. J. O'BYRNE
Minister for Workplace Relations
These regulations may be cited as the Plumbing Amendment Regulations 2012 .
These regulations take effect on 28 November 2012.
In these regulations, the Plumbing Regulations 2004 are referred to as the Principal Regulations.
4. Regulation 3 amended (Interpretation)
Regulation 3(1) of the Principal Regulations is amended as follows:(a) by inserting the following definition after the definition of pre-treatment device :Plumbing Code of Australia means the document of that name produced by the Australian Building Codes Board, as amended from time to time;(b) by inserting "or a fire service" after "appliance" in paragraph (b) of the definition of service pipe ;(c) by omitting "drinking" from the definition of water main ;(d) by omitting the definition of water supply system and substituting the following definition:water supply system means that part of the water service from the water main or alternative water source to and including –(a) the outlet valves at fixtures and appliances; and(b) a fire service;
5. Regulation 4 amended (Certain plumbing and plumbing work exempt)
Regulation 4 of the Principal Regulations is amended as follows:(a) by inserting the following definition before the definition of exempt plumbing work in subregulation (1) :energy-efficient heated water service means a service, other than a solid-fuel water heater, that –(a) uses a heat pump, solar collectors or natural gas to heat water; and(b) has been certified in accordance with the WaterMark certification scheme under the Tasmanian Plumbing Code;(b) by omitting paragraph (a) from subregulation (2) and substituting the following paragraph:(a) the work is limited to –(i) the repair or replacement of any part of a water supply system which has a nominal pipe diameter no greater than DN 20 millimetres, a sewerage installation or a stormwater system; or(ii) the installation of an energy-efficient heated water service; and(c) by omitting from subregulation (2)(b)(v) "the Tasmanian Plumbing Code" and substituting "AS/NZS 3500 series: Plumbing and Drainage";(d) by omitting from subregulation (3)(b)(vi) "the Tasmania Plumbing Code" and substituting "AS/NZS 3500 series: Plumbing and Drainage";(e) by inserting the following subregulation after subregulation (3) :(3A) Subregulations (2) and (3) do not apply if the plumbing work is part of any other plumbing work that requires a plumbing permit or for which a plumbing permit has been granted.(f) by inserting the following subregulation after subregulation (4) :(5) A plumber may, without a plumbing permit, install or repair flashings associated with –(a) heater flues; or(b) skylights or roof windows; or(c) roof ventilators; or(d) any other pipes or service ducts that penetrate a roof –if the work –(e) does not adversely affect the health and amenity of the occupants of the building; and(f) complies with the Tasmanian Plumbing Code.
6. Regulation 6 amended (Mandatory notification stages)
Regulation 6(1) of the Principal Regulations is amended by inserting after paragraph (b) the following paragraph:(ba) a change of responsible plumber;
7. Regulation 12 amended (Installation of on-site waste water management systems)
Regulation 12(1) of the Principal Regulations is amended as follows:(a) by omitting "the following provisions are relevant to the granting of";(b) by omitting "system:" and substituting "system is not to be granted unless –";(c) by omitting from paragraph (a) "Code;" and substituting "Code; and".
8. Regulation 14 amended (Reliance on certificate from other person)
Regulation 14 of the Principal Regulations is amended as follows:(a) by inserting in subregulation (1) "specialist or other" after "for a";(b) by inserting in subregulation (2) "specialist or other" after "from a".
9. Regulation 17 amended (Granting of plumbing permits)
Regulation 17(1) of the Principal Regulations is amended by omitting paragraph (b) .
10. Regulation 38 amended (Authorisation to start work)
Regulation 38 of the Principal Regulations is amended as follows:(a) by omitting from subregulation (1)(b) "certificate of registration held by the plumber under the Plumbers and Gas-fitters Registration Act 1951 " and substituting "licence held by the plumber under the Occupational Licensing Act 2005 ";(b) by omitting subregulation (2) ;(c) by inserting the following subregulation after subregulation (3) :(4) If a person in respect of whom a start-work authorisation is issued ceases to be responsible for the plumbing work and another person becomes responsible for a part of the work, that other person is to apply for a start-work authorisation.
11. Regulation 39 amended (Issue and refusal of start-work authorisations)
Regulation 39 of the Principal Regulations is amended by inserting after subregulation (3) the following subregulation:(4) Where a start-work authorisation is made verbally, the permit authority is to confirm the authorisation in writing in an approved form within the period specified by the Director.
12. Regulation 41A inserted
Before regulation 42 of the Principal Regulations , the following regulation is inserted in Part 5:41A. Inspections of plumbing work
(1) For the purposes of section 113(3A) of the Act, inspections are to commence in 2013.(2) If a permit authority causes plumbing work to be inspected by an inspector, that inspector –(a) must be competent to ensure that the plumbing work complies with the Act; and(b) is to be appointed under a contract of employment or a contract for services.(3) Reliance on a certificate in accordance with section 266 of the Act does not constitute an inspection for the purposes of section 113(3A).
13. Regulation 45 amended (Direction to uncover plumbing work)
Regulation 45 of the Principal Regulations is amended by inserting after subregulation (1) the following subregulation:(1A) A plumber on whom a direction to uncover plumbing work is served must comply with the direction.Penalty: Fine not exceeding 20 penalty units and an additional fine not exceeding 10 penalty units for each day during which the offence continues.
14. Regulation 50 amended (Maintenance and management of on-site waste water management systems)
Regulation 50 of the Principal Regulations is amended by inserting after subregulation (9) the following subregulation:(9A) If the owner fails to pay the cost of the work, that cost is a charge on the land and is recoverable as if it were rates or charges under the Local Government Act 1993 .
15. Regulation 56 substituted
Regulation 56 of the Principal Regulations is rescinded and the following regulation is substituted:(1) The fees set out in Schedule 4 are prescribed as the fees that are payable for the matters to which they respectively relate.(2) The fee for an appeal specified in Schedule 4 is payable to the Director.
16. Schedule 3 amended (Act infringement notice offences)
Schedule 3 to the Principal Regulations is amended as follows:(a) by omitting item 10 ;(b) by inserting after item 25 the following:
25A.
Carrying out plumbing work over or within a service easement without written consent
1.5
1.5
(c) by inserting after item 30 the following:
30A.
Regulation 44 (a)
Proceeding with or commissioning plumbing work or covering up plumbing work that has reached notification stage before obtaining permit authority's consent
1
2
30B.
Regulation 44 (b)
Proceeding with or commissioning plumbing work or covering up plumbing work that has reached notification stage before period specified under section 88(2)(a) of the Act has ended
1
2
30C.
Regulation 44 (c)
Proceeding with or commissioning plumbing work or covering up plumbing work that has reached notification stage before notice or order in respect of the plumbing work issued under the Act has been complied with or revoked
1
2
30D.
Regulation 45(1A)
Failing to comply with direction to uncover plumbing work
1 plus 0.5 per day
2 plus 0.5 per day
17. Schedule 4 amended (Fees)
Schedule 4 to the Principal Regulations is amended by inserting after item 4 the following items:
4A.
Appeal under section 209
100
150
200
4B.
Appeal under section 211
100
150
200
4C.
Appeal under section 215
100
150
200
4D.
Application for modification of the regulations made under section 218 or section 218A
100
150
200
4E.
Appeal under section 56TE of the Water and Sewerage Industry Act 2008 against –
(a) failure of regulated entity to determine application within specified period
100
150
200
(b) refusal of regulated entity to issue certificate sought
100
150
200
(c) conditions on certificate granted by regulated entity
100
150
200
4F.
Appeal under Drains Act 1954 in relation to –
(a) erection of building over drain under section 39
100
150
200
(b) drainage of building under section 50
100
150
200
(c) entry onto land by council to perform works under section 51A
100
150
200
18. Schedule 5 rescinded
Schedule 5 to the Principal Regulations is rescinded.
Displayed and numbered in accordance with the Rules Publication Act 1953.
Notified in the Gazette on 28 November 2012
These regulations are administered in the Department of Justice.
EXPLANATORY NOTE
(This note is not part of the regulation)
These regulations amend the Plumbing Regulations 2004 –(a) consequentially on the enactment of the Building Amendment Act 2012 ; and(b) in relation to an exemption for the installation of energy-efficient heated water services; and(c) to make other minor miscellaneous amendments.