Plumbing Regulations 2014

Plumbing Regulations 2014

I, the Lieutenant-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 section 233 of the Building Act 2000 .

A. M. BLOW

Lieutenant-Governor

By His Excellency's Command,

PETER GUTWEIN

Treasurer

PART 1 - Preliminary

1.   Short title

These regulations may be cited as the Plumbing Regulations 2014 .

2.   Commencement

These regulations take effect on 30 June 2014.

3.   Interpretation

(1)  In these regulations –

Act means the Building Act 2000 ;

approved disposal system means a system approved under any Act for the disposal of sewage, stormwater or trade waste;

backflow prevention device means a device used to prevent the reverse flow of water from a potentially polluted source into a drinking water supply system;

commenced, in relation to plumbing work, means commenced on site;

completed, in relation to plumbing work, means any plumbing work –

(a) that is authorised by a plumbing permit or special plumbing permit; and

(b) in respect of which a certificate of completion (plumbing work) has been issued under section 113 of the Act;

drain means a drain or pipe laid for the conveyance of sewage, stormwater or trade waste from a property to an approved disposal system;

drainage flood level means the flood level declared under regulation 12 ;

educational institution means –

(a) a school within the meaning of the Education Act 1994 ; or

(b) a campus as defined in the Education and Training (Tasmanian Academy) Act 2008 ; or

(c) a campus of TasTAFE created by the Training and Workforce Development Act 2013 ;

environmental harm has the same meaning as in the Environmental Management and Pollution Control Act 1994 ;

fire service means a service comprising one or more of the following which are installed solely for the purpose of fighting fires in and around a building or property:

(a) booster assemblies;

(b) fire mains, hydrants and hose reels;

(c) fittings;

(d) sprinklers and wall-drenching systems;

(e) water storage facilities;

greywater means the domestic wastes from baths, showers, basins, laundries and kitchens but does not include toilet and urinal wastes;

land includes any building on the land;

lower explosive limit means the lower percentage limit by volume in air at which flammable gas or vapour would explode if ignited in a confined area;

NATA-registered laboratory means a laboratory registered by the National Association of Testing Authorities;

nuisance means a nuisance within the meaning of Division 6 of Part 12 of the Local Government Act 1993 ;

permit holder means the owner or owner's agent to whom a plumbing permit or special plumbing permit is issued;

Plumbing Code of Australia means the document of that name produced by the Australian Building Codes Board, as amended from time to time;

pre-treatment device means a device used to change the physical or chemical characteristics of trade waste;

public holiday includes any day or part of a day that is a bank holiday or bank part holiday within the meaning of the Statutory Holidays Act 2000 ;

registered air gap means a device, or system that –

(a) is installed for the purpose of backflow prevention; and

(b) has been registered by the general manager, or permit authority, for the purpose of enabling the device or system to be inspected and maintained to ensure it functions as it is designed to function;

registered break tank means a tank that –

(a) is installed for the purpose of backflow prevention; and

(b) has been registered by the general manager, or permit authority, for the purpose of enabling the tank to be inspected and maintained to ensure it functions as it is designed to function;

regulated entity has the same meaning as in the Water and Sewerage Industry Act 2008 ;

relevant council means the council of the municipal area where –

(a) plumbing work is being undertaken; or

(b) a plumbing installation is situated;

roof water means rainwater which runs off a roof;

service pipe means a pipe, or an associated component, that is –

(a) part of a water supply system; and

(b) used to convey drinking water from a water service to a fixture or appliance or a fire service;

serviced land, in relation to a regulated entity, means land that is described in –

(a) a policy under section 56U(4) of the Water and Sewerage Industry Act 2008 ; or

(b) a price and service plan submitted by the entity and approved under section 65 of the Water and Sewerage Industry Act 2008  –

as land that the entity will permit to be connected to the entity's water infrastructure, or sewerage infrastructure, within the meaning of that Act;

sewage means water-borne waste of human origin comprising faecal matter, greywater, urine or liquid household waste;

sewerage installation means an installation comprising discharge pipes, drains, fixtures, appliances and associated components used to convey sewage from a property to a sewerage system or other approved disposal system;

start-work authorisation means an authorisation to start work issued under regulation 37 ;

stormwater means –

(a) roof water; and

(b) surface water; and

(c) subsoil water;

stormwater system means an installation, on a property, that –

(a) is not part of the network utility operator's stormwater system; and

(b) is used for the collection or disposal of stormwater; and

(c) comprises roof gutters, downpipes, rainwater tanks, surface channels, kerbs and gutters, subsoil drains and stormwater drains, together with any inlet pits which are used, or intended to be used, for the conveyance of stormwater to an approved disposal system;

subsoil water means natural groundwater or run-off from ground that is water-bearing due to rainfall;

surface water means run-off from paved or unpaved areas due to rainfall;

testable backflow prevention device means –

(a) a backflow prevention device that is provided with test taps for the purpose of testing its operation; or

(b) a registered break tank; or

(c) a registered air gap;

trade waste means the liquid waste, other than sewage, generated by any industry, business, trade or manufacturing process;

water main means a pipe which is used to convey water from a public water supply to a property;

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;

working day means a day other than a Saturday, Sunday or public holiday.

(2)  In these regulations, a reference to a "day" does not include the following days:

(a) 25 December to 1 January, inclusive;

(b) Good Friday to the following Tuesday, inclusive.

(3)  In these regulations, a reference to a document "in writing" means a reference to a document or application that –

(a) is hand-written or type-written; and

(b) may be sent by mail, email or facsimile.

(4)  In these regulations, a reference to the purpose for which a plumbing component or material is used includes a reference to the purpose for which the plumbing component or material is intended to be used.

(5)  Unless the contrary intention appears, an expression used in these regulations that is defined in the Tasmanian Plumbing Code has the same meaning in these regulations as in the Tasmanian Plumbing Code.

(6)  If an expression is used in these regulations and not defined in these regulations or the Tasmanian Plumbing Code but is defined in the Building Regulations 2014 , that expression has the same meaning in these regulations as in the Building Regulations 2014 .

4.   Certain plumbing and plumbing work exempt

(1)  In this regulation –

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;

exempt plumbing work means –

(a) plumbing work that is not solely for the purposes of repairing a fire service; or

(b) plumbing work that is not the subject of a special plumbing permit.

(2)  These regulations, other than Parts 1 , 2 and 7 and regulations 33 , 35 , 37 , 39 and 46 , do not apply in relation to obtaining a permit under section 75 of the Act for the carrying out of exempt plumbing work or plumbing work to repair a plumbing installation if –

(a) the installation –

(i) is located above ground; and

(ii) is readily visible when the repair or replacement is complete; and

(iii) complies with AS/NZS 3500 series: Plumbing and Drainage; and

(b) the work –

(i) is limited to –

(A) 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

(B) the installation of an energy-efficient heated water service; and

(ii) does not impair any of the building’s prescribed features and measures; and

(iii) does not impair the health and amenity of the occupants of the building with which the work is associated.

(3)  A plumber may relocate or replace an existing fixture or appliance without a plumbing permit, if –

(a) the fixture or appliance –

(i) remains in the same room; and

(ii) does not have a water supply with a pipe size greater than DN 20 millimetres; and

(iii) does not form part of a fire service; and

(iv) complies with AS/NZS 3500 series: Plumbing and Drainage; and

(b) the relocation or replacement of the fixture or appliance –

(i) does not adversely alter the existing installation; and

(ii) does not impair the building's prescribed features and measures; and

(iii) does not impair the health and amenity of the occupants of the building associated with the work.

(4)  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.

(5)  A plumber may, without a plumbing permit, clear a drain to remove a blockage if –

(a) the clearance is carried out through openings designed for that purpose; and

(b) the relevant regulated entity or council is notified within 3 days after the blockage is cleared.

(6)  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 installation or repair –

(e) does not adversely affect the health and amenity of the occupants of the building; and

(f) complies with the Tasmanian Plumbing Code.

5.   Prescribed plumbing work

For the purpose of the definition of plumbing work in section 3(1) of the Act, plumbing work includes work that is carried out in an unregistrable relocatable building.

6.   Mandatory notification stages

(1)  For the purposes of the definition of mandatory notification stage in section 3(1) of the Act, the following are stages of plumbing work that require notification to the relevant permit authority:

(a) installation of plumbing work that is to be covered;

(b) commissioning plumbing work for which a special plumbing permit has been issued;

(c) a change of responsible plumber;

(d) completion of the plumbing work;

(e) any other stage specified by the permit authority on the plumbing permit or special plumbing permit.

(2)  A notification in relation to a mandatory notification stage –

(a) is to state the date and time when the stage of the plumbing work will be reached; and

(b) may be made orally or in writing.

PART 2 - Restrictions

7.   Non-complying products and materials

If a site is to be connected to a water supply system, sewerage system or stormwater system, the relevant regulated entity, or the permit authority, whichever is responsible for the system, after consulting, if it thinks fit, the relevant regulated entity, may do any one or more of the following:

(a) consent to the retention of any existing plumbing product that does not comply with the Tasmanian Plumbing Code;

(b) in respect of a historic building, consent to the use of a plumbing product that does not comply with the Tasmanian Plumbing Code if satisfied that the plumbing product –

(i) meets the performance requirements of the Tasmanian Plumbing Code; and

(ii) is to be installed or used in the same style and manner as the plumbing products previously installed or used in the building;

(c) require the owner of the property to uncover an existing plumbing product for inspection or testing.

8.   Trade waste

(1)  A person must not directly or indirectly discharge trade waste into an approved disposal system (other than a sewerage system) unless the discharge is authorised under a special plumbing permit.

Penalty:  Fine not exceeding 20 penalty units, and an additional fine not exceeding 10 penalty units for each day during which the offence continues.

(2)  The general manager or permit authority, by written notice served on a person discharging trade waste into an approved disposal system in contravention of this regulation, may require the person to cease doing so within the period specified in the notice.

(3)  A person must comply with a notice served under subregulation (2) .

(4)  If a person fails to comply with a notice served under subregulation (2) , the general manager, in addition to issuing a plumbing notice under Division 2 of Part 11 of the Act, may take any steps authorised under any Act that are necessary to stop the discharge.

(5)  Subregulation (4) does not authorise the general manager to enter any land or building other than –

(a) with the consent of the owner; or

(b) in accordance with any Act and these regulations; or

(c) in accordance with the conditions of a special plumbing permit.

(6)  A person must not dilute trade waste to achieve compliance with any of the requirements, set out in a special plumbing permit, for the discharge of liquid trade waste into an approved disposal system (other than a sewerage system).

Penalty:  Fine not exceeding 20 penalty units, and an additional fine not exceeding 10 penalty units for each day during which the offence continues.

(7)  If an analysis of the characteristics of trade waste discharged into an approved disposal system (other than a sewerage system) is required, the analysis must be performed by –

(a) a NATA-registered laboratory; or

(b) another laboratory, approved by the general manager or permit authority.

9.   Swimming pool discharge

(1)  The owner of a swimming pool must ensure that the discharge resulting from the backwash operation of a swimming pool filtration system is connected to a sewerage system or other approved disposal system.

Penalty:  Fine not exceeding 20 penalty units.

(2)  The owner of a swimming pool must ensure that any discharge from a swimming pool, other than discharge of a kind referred to in subregulation (1) , is connected to the stormwater system unless a special plumbing permit provides otherwise.

Penalty:  Fine not exceeding 20 penalty units.

10.   Backflow prevention devices

Each general manager is to keep a register, in respect of his or her municipal area, of all –

(a) backflow prevention devices authorised under special plumbing permits to be installed to protect against backflow from any device or zone rated as a high hazard under the Tasmanian Plumbing Code; and

(b) testable backflow prevention devices authorised under special plumbing permits to be installed to protect against backflow from a device or zone of any hazard rating.

11.   Installation of on-site waste water management systems

(1)  For the purposes of section 82 of the Act, an application for a special plumbing permit for the installation or construction of an on-site waste water management system is not to be granted unless –

(a) the permit authority is satisfied that the system is likely to be installed or constructed to a design or plan that is the subject of a certificate of accreditation currently in force and issued under the Tasmanian Plumbing Code; and

(b) an environmental health officer has consented to its installation or construction.

(2)  Subregulation (1)(a) does not apply to, or in respect of, an on-site waste water management system if an environmental health officer is satisfied that the system being installed or constructed –

(a) is a prototype for the purposes of testing; or

(b) is –

(i) specifically designed for the owner or occupier of the premises on which it is to be installed; and

(ii) specifically designed for those premises; and

(iii) constructed on site; and

(iv) not for sale.

(3)  Regulation 33 applies to an on-site waste water management system, to which subregulation (2) relates, that is installed or constructed.

(4)  A person must not install an on-site waste water management system unless the system –

(a) is accredited under the Tasmanian Plumbing Code; or

(b) is a system to which subregulation (2) relates; or

(c) has a design capacity to treat sewage that is less than an average dry-weather flow of 100 kilolitres per day.

Penalty:  Fine not exceeding 20 penalty units.

(5)  A person must not install an on-site waste water management system in a location that requires the waste or end-product to be removed from the system by means of carrying or pumping through a habitable room unless authorised under a certificate of accreditation issued under the Tasmanian Plumbing Code.

Penalty:  Fine not exceeding 20 penalty units.

12.   Sewerage inlets and drainage flood levels

(1)  A regulated entity may declare a drainage flood level for the purpose of protecting a sewerage system in respect of any of the entity's serviced land.

(2)  The owner or occupier of land on which a sewerage installation is installed must ensure that –

(a) each inlet to the sewerage installation is positioned at least 150 millimetres above the declared drainage flood level for that land; or

(b) a special plumbing permit has been obtained to allow an inlet to the sewerage installation to be positioned lower than required in paragraph (a) .

Penalty:  Fine not exceeding 20 penalty units, and an additional fine not exceeding 10 penalty units for each day during which the offence continues.

(3)  If an owner or occupier of land contravenes subregulation (2) , the relevant general manager may direct the owner or occupier to remove, replace or alter a fitting, fixture, appliance or drain which is part of the sewerage installation on the land so that the inlet is positioned at least 150 millimetres above the drainage flood level for the land.

(4)  If an owner or occupier of land is required as a condition of his or her special plumbing permit to install an automatic float-controlled device, or similar device, to ensure that the ejector or pump ceases to operate during periods of flooding, the person maintaining that device is to make a report to the general manager –

(a) advising of any defects discovered; and

(b) advising of any repairs undertaken; and

(c) certifying that the device is in good working order.

(5)  A person maintaining an automatic float-controlled device, or similar device, required as a condition of a special plumbing permit must make the report, referred to in subregulation (4) , at the intervals agreed by the permit authority and the person required to make the report.

Penalty:  Fine not exceeding 20 penalty units.

PART 3 - Permits

Division 1 - Consideration of application for plumbing permits

13.   Reliance on certificate from other person

(1)  For the purpose of section 266 of the Act, the prescribed qualifications required for a specialist or other person to issue a certificate are the expertise and qualifications required for that certificate, as determined by the Director.

(2)  A certificate from a specialist or other person referred to in subregulation (1) may be submitted –

(a) with an application for a plumbing permit or special plumbing permit; or

(b) at any time before a certificate of completion (plumbing work) is issued.

(3)  The permit authority may require an applicant for a plumbing permit or special plumbing permit to submit a certificate referred to in subregulation (1) if –

(a) the permit authority is not able, by any other reasonable means, to be satisfied that the plumbing work or any part of the plumbing work is likely to comply with the Tasmanian Plumbing Code; or

(b) the plumbing work is the subject of a special plumbing permit; or

(c) the work includes any part of a fire service.

(4)  A certificate referred to in subregulation (1) that is submitted under subregulation (2) or (3) is to state that the proposed plumbing work, if carried out in accordance with the drawings and specifications submitted with the application for the plumbing permit or special plumbing permit, will comply with all or part of the requirements of the Tasmanian Plumbing Code in relation to the area of expertise and qualifications required for that certificate, as determined by the Director.

(5)  A certificate is to be in an approved form.

(6)  Any copies of drawings and specifications submitted with an application, and to which a certificate referred to in subregulation (1) applies, are to be endorsed in ink with –

(a) the number of the certificate if applicable; and

(b) the signature of the person issuing the certificate; and

(c) the date.

14.   Permit for staged works

(1)  A permit authority may issue a permit to carry out a stage of plumbing work whether the applicant applied for a permit in respect of the stage or the entire plumbing work.

(2)  The issuing of a permit to carry out a stage of plumbing work is not an assurance that any further permit will be issued in respect of the entire, or any further stage of, plumbing work and this is to be stated on the permit.

15.   Modifications to permit application

(1)  Before issuing a plumbing permit or special plumbing permit, the permit authority may require a drawing or specification submitted with the application for the permit to be modified so that it complies with the Act and these regulations.

(2)  The permit authority may agree to a modification under subregulation (1) being made after the permit has been issued, if the modification is of a minor nature.

(3)  If the permit authority issues a plumbing permit, or a special plumbing permit, subject to the condition that modifications be made to the drawing or specification that accompanied the application for the permit, the permit is to be issued on the further condition that 2 copies of the modified drawing or specification are resubmitted to the permit authority at any time required by the permit authority.

16.   Granting of plumbing permits

(1)  For the purposes of section 82(1)(b) of the Act, the following are relevant provisions in relation to the granting of an application for a plumbing permit or special plumbing permit:

(a) the permit authority is to be satisfied that the proposed plumbing work is likely to comply with the Act, these regulations and the Tasmanian Plumbing Code;

(b) any levy prescribed under Part 3 of the Building and Construction Industry Training Fund Act 1990 that is required to be paid is to have been paid;

(c) the applicant must hold a certificate for certifiable work (plumbing) issued under section 56TC of the Water and Sewerage Industry Act 2008 , if the certificate is required under section 56TB of that Act to have been issued before the permit may be granted;

(d) in relation to a special plumbing permit for an on-site waste water management system, an environmental health officer is to have consented to the granting of the application;

(e) in relation to a special plumbing permit for a trade waste installation that is not connected to a sewerage system, the permit authority must be of the opinion that the treatment processes to be applied to any trade waste before discharge are satisfactory;

(f) in relation to a special plumbing permit for a trade waste installation that is not connected to a sewerage system, the permit authority must be of the opinion that the equipment to be used for the treatment of any trade waste, or for monitoring the quality, quantity and rate of discharge, is satisfactory;

(g) in relation to a special plumbing permit for a trade waste installation that is not connected to a sewerage system, the approved disposal system must be able to satisfactorily deal with the quantity of trade waste reasonably anticipated to be dealt with by the trade waste installation;

(h) in relation to a special plumbing permit for an on-site waste water management system, the system must be accredited under the Tasmanian Plumbing Code unless that accreditation is, by virtue of regulation 11(2) , not required;

(i) in relation to a special plumbing permit for an on-site waste water management system, the products to be used in the system must be authorised under the Tasmanian Plumbing Code;

(j) in relation to a special plumbing permit for an on-site waste water management system, an environmental health officer must be satisfied that the land is suitable for the proposed system.

(2)  The permit authority is to nominate on the plumbing permit or special plumbing permit the mandatory notification stages referred to in regulation 6 .

17.   Distribution of documents

(1)  If a permit authority issues a plumbing permit or a special plumbing permit –

(a) the permit authority is to retain a paper copy or electronic copy of each relevant document that was submitted in respect of the application for the permit; and

(b) the permit authority is to –

(i) endorse a copy of each document referred to in paragraph (a) so as to indicate that a permit has been issued; and

(ii) return an endorsed copy of each document to the applicant; and

(c) the permit authority, on the request of the applicant, is to –

(i) endorse an additional copy of each document referred to in paragraph (a) so as to indicate that a permit has been issued; and

(ii) return the additional copy to the applicant.

(2)  An endorsement is to be in an approved form.

(3)  A person undertaking plumbing work to which a permit relates is to ensure that copies of the documents relevant to the permit, referred to in subregulation (1)(b) , are available for inspection at the site while plumbing work is in progress at that site.

18.   Variations to permit

(1)  Before or during the carrying out of plumbing work, a permit holder may apply to the permit authority for variation of the plumbing permit or special plumbing permit by submitting –

(a) a written request for the variation; and

(b) any documents that the permit authority may require in relation to the variation.

(2)  After completion of the plumbing work, the holder of a special plumbing permit may apply to the permit authority for variation of the special plumbing permit.

(3)  An application for variation of a special plumbing permit is to be –

(a) in writing; and

(b) made at least 30 days before the proposed time of implementation of the variation; and

(c) accompanied by documentation setting out details of the proposed variation; and

(d) accompanied by any documents that the permit authority may require in relation to the proposed variation.

(4)  A permit authority must consult the relevant regulated entity about an application for a variation of a permit, if a certificate for certifiable work (plumbing) was required under section 56TB of the Water and Sewerage Industry Act 2008 to have been issued by the entity before the application for the permit may be granted.

(5)  The permit authority may vary the plumbing permit, or special plumbing permit, if the permit authority is satisfied that the variation is likely to comply with the Act, the Tasmanian Plumbing Code and these regulations.

(6)  If an environmental health officer consents, the permit authority may vary a special plumbing permit for an on-site waste water management system if the permit authority is satisfied that the variation is likely to comply with the Act, the Tasmanian Plumbing Code and these regulations.

19.   Variations to special plumbing permit – trade waste

(1)  At any time, the permit authority may, by notice in writing to the holder of a special plumbing permit that relates to the disposal of trade waste into an approved disposal system other than a sewerage system, vary the quantity or quality, or both, of the trade waste that may be disposed of in the system.

(2)  The holder of a special plumbing permit is to comply with any variation made under subregulation (1) within –

(a) a period, not exceeding 6 months after the variation was made, agreed between the permit authority and the holder of the special plumbing permit; or

(b) if no such period has been agreed, 6 months after the variation to the special plumbing permit was made.

(3)  The permit authority is to notify the relevant general manager of any variation to a plumbing permit or special plumbing permit.

20.   Suspension of special plumbing permit

(1)  The permit authority or the general manager may suspend a special plumbing permit if –

(a) the application for the permit was based on false or misleading information; or

(b) the owner or occupier prevents the general manager or permit authority from carrying out an inspection provided for under the permit; or

(c) the permit holder has not paid a fee as provided for in the permit; or

(d) in the opinion of the permit authority or general manager, it would be unsafe to continue the acceptance of liquid trade waste into an approved disposal system, other than a sewerage system, to which the permit relates; or

(e) in the opinion of the permit authority or general manager, the continued discharge of the liquid trade waste into an approved disposal system, other than a sewerage system, to which the permit relates, would result in –

(i) environmental harm; or

(ii) damage to the approved disposal system or to the apparatus treating the sewage; or

(f) in the opinion of an environmental health officer, the continued use of an on-site waste water management system to which the permit relates would result in environmental harm or a nuisance; or

(g) in the opinion of the permit authority or general manager, it would be unsafe to continue to use a backflow prevention device, connected to a water service, to which the permit relates.

(2)  The permit authority or general manager must forward a written notice of suspension of the special plumbing permit to the owner or occupier of the land without delay.

(3)  A notice of suspension –

(a) is to be in an approved form; and

(b) takes effect on the day specified in the notice.

21.   Cancellation of special plumbing permit

(1)  The permit authority or general manager may cancel a special plumbing permit if an owner or occupier of the land to which a special plumbing permit relates fails to comply with a notice of suspension of the special plumbing permit within the period specified in the notice.

(2)  If the permit authority or general manager cancels a special plumbing permit under subregulation (1) , the permit authority or general manager must forward a written notice of cancellation to the owner or occupier of the land to which the special plumbing permit relates as soon as practicable.

(3)  If a special plumbing permit is cancelled under subregulation (1) , the owner or occupier of the land to which the special plumbing permit relates is to remove or alter the plumbing work so that it complies with the Act, these regulations and the notice of cancellation.

(4)  The owner or occupier of the land to which a special plumbing permit that has been cancelled relates must complete any removal or alteration of the plumbing work on or before –

(a) the date specified in the notice of cancellation; or

(b) if no date is specified in the notice, a specified day that falls after the day on which the notice of cancellation was forwarded.

Penalty:  Fine not exceeding 20 penalty units, and an additional fine not exceeding 10 penalty units for each day during which the offence continues.

(5)  A notice of cancellation is to be in an approved form.

(6)  An owner of land to which a special plumbing permit relates, or an agent of the owner, may apply to the permit authority for the cancellation of the special plumbing permit.

(7)  On receipt of an application, the permit authority is to cancel the special plumbing permit.

(8)  A cancellation under subregulation (7) takes effect 30 days after the permit authority receives the application.

22.   Transfer of special plumbing permit

The holder of a special plumbing permit must not transfer that permit to any other person unless –

(a) the transfer is permitted by the permit and done in accordance with the permit; or

(b) the person transferring the permit has the written approval of the permit authority; or

(c) the person receiving the permit is a successor in title referred to in section 84 of the Act.

23.   Change of owner, agent of owner, designer or plumber

(1)  The owner of the building or land where plumbing work is undertaken, the agent of such an owner, the designer of that plumbing work or plumber undertaking that plumbing work must notify the permit authority of a change of name or address within the specified period after the change, if the change occurs –

(a) after a plumbing permit or special plumbing permit is issued; and

(b) before the plumbing work is completed.

Penalty:  Fine not exceeding 20 penalty units.

(2)  A notification under subregulation (1) is to be in writing.

Division 2 - Special plumbing permit conditions

24.   Conditions on permit in relation to declared drainage flood level

Without limiting the generality of section 82(2) of the Act, a permit authority may impose, under that section, one or more of the following conditions on a special plumbing permit:

(a) that the discharge of the fittings, fixtures and appliances be raised by ejector or pump to a height determined by the permit authority and discharged into the sewer as and where directed;

(b) that an automatic, float-controlled device or similar device be installed to ensure that the ejector or pump ceases to operate during periods of flooding;

(c) that the device referred to in paragraph (b) be maintained in good working order.

25.   Conditions on permit for trade waste system or on-site waste water management system

(1)  Without limiting the generality of section 82(2) of the Act, it is a condition of a special plumbing permit, to install, construct or alter a trade waste system (other than such a system connected to a sewerage system) or an on-site waste water management system, that the system is not to be used, or used as altered, until the permit authority has issued to the holder of the special plumbing permit a certificate of completion (plumbing work).

(2)  Subregulation (1) does not apply if –

(a) the permit authority allows the use of the system prior to the issue of a certificate of completion (plumbing work); and

(b) the owner of the land, in respect of which the plumbing work has commenced, agrees to comply with the conditions imposed by the permit authority in relation to the installation, construction or alteration of the trade waste system or on-site waste water management system; and

(c) the permit authority is satisfied that the system is installed, constructed or altered in a manner that will not cause a nuisance or environmental harm.

(3)  Without limiting the generality of section 82(2) of the Act, a permit authority may impose, under that section, one or more of the following conditions in relation to a special plumbing permit for an on-site waste water management system:

(a) the payment by the holder of the permit of any fees, charges or penalties required by the general manager;

(b) that regular maintenance and monitoring of the system be undertaken;

(c) that regular maintenance and monitoring of the system be undertaken by a person with appropriate qualifications and expertise;

(d) that a contract or an agreement with the general manager be signed;

(e) that regular reports be submitted to the general manager or permit authority in relation to the system;

(f) that the general manager or permit authority have the power to enter the land to inspect the system;

(g) that the general manager has the power to enter the land to take samples or cause samples to be taken of waste or waste water generated from the system;

(h) that the general manager has the power to maintain the system;

(i) that the person operating the system must provide details of the way in which it is operated;

(j) that evidence of compliance with the conditions of the permit be submitted to the permit authority whenever the permit authority reasonably requires the owner or occupier to do so.

26.   Conditions on permit for discharge of trade waste

Without limiting the generality of section 82(2) of the Act, the permit authority may require that the issue, under that section, of a special plumbing permit for the discharge of trade waste to an approved disposal system, other than a sewerage system, be subject to any one or more of the following conditions or requirements for provision of details:

(a) an expiry date;

(b) the quality and quantity of trade waste that may be discharged;

(c) the rate at which and period for which trade waste may be discharged;

(d) the times at which trade waste may be discharged;

(e) any relevant treatment of trade waste to be carried out before it is discharged;

(f) any equipment to be used for the treatment and monitoring of the quality, quantity and rate of discharge of trade waste;

(g) any fees, charges or penalties to be paid to the general manager by the holder of the permit;

(h) the powers of the general manager or permit authority to enter the land to –

(i) examine any activity associated with trade waste; or

(ii) take samples of trade waste; or

(iii) prevent the discharge of trade waste; or

(iv) carry out or maintain any work;

(i) the powers of the general manager or permit authority to prevent the discharge of trade waste;

(j) the separate discharge of trade waste and sewage to an approved disposal system, other than a sewerage system;

(k) maintenance of the equipment installed for the purpose of measuring the characteristics of any trade waste;

(l) certification by a NATA-registered laboratory or a laboratory approved by the general manager or permit authority, at specified intervals, that the trade waste discharge continues to comply with the conditions of the special plumbing permit.

27.   Conditions on permit for swimming pool

Without limiting the generality of section 82(2) of the Act, a permit authority may impose on a special plumbing permit for a swimming pool conditions relating to –

(a) the rate and times of discharge; and

(b) any other requirement the permit authority considers relevant and reasonable.

28.   Conditions on permit for backflow prevention device

(1)  Without limiting the generality of section 82(2) of the Act, a special plumbing permit for the installation of a testable backflow prevention device is subject to the following conditions:

(a) that the owner of the land on which the device is located allow the relevant general manager access to the land at all reasonable times to inspect the device;

(b) that the owner –

(i) have the device tested, at the frequencies specified by the Director, by a plumber qualified in backflow prevention plumbing, to ensure it functions as it is designed to function; and

(ii) forward written evidence of the result of the testing of the device to the relevant general manager within 30 days after the test has been carried out;

(c) that, if the owner fails to forward the evidence in accordance with subregulation (1)(b)(ii) , the relevant general manager may require the owner to remove the device and alter the water service to provide a registered air gap;

(d) that the owner notify the relevant general manager in writing before selling the land;

(e) that the permit authority notify the relevant general manager of the installation of the device.

(2)  Where a permit authority issues a special plumbing permit to install a testable backflow prevention device, the permit authority is to notify the relevant general manager of the proposed installation.

29.   Conditions on permit for basement plumbing work

(1)  Without limiting the generality of section 82(2) of the Act, the permit authority may impose the following conditions in respect of a special plumbing permit issued in relation to a fixture or appliance referred to in section 77(a) of the Act that is situated so that there is a risk of flooding through backflow from the sewerage system:

(a) that an ejector or pump be installed to raise any discharge from the fixture or appliance to a height specified in the permit;

(b) that the fixture or appliance be connected to the sewerage system in a manner and at a place specified in the permit.

(2)  If the overflow level of a fixture or appliance is less than 150 millimetres above the level of an overflow relief gully, but the risk of backflow from the sewerage system through the fixture or appliance is not sufficient to warrant the installation of an ejector or pump, an application for a special plumbing permit may be granted subject to any one or more of the following conditions:

(a) that the owner of the land on which the fixture or appliance is located carry out, or arrange to be carried out, additional plumbing work including, if appropriate, the installation of a self-acting reflux valve on the drain, downstream of the fixture or appliance;

(b) that the owner of the land on which the fixture or appliance is located indemnify the council against any claim arising from, or caused by, an inflow of sewage or water through the fixture or appliance.

30.   Condition on permit for connection to water supply system, sewerage installation or stormwater system

Without limiting the generality of section 82(2) of the Act, the permit authority may impose on a special plumbing permit, issued in relation to the connection of a site to a water supply system, sewerage installation or stormwater system, the condition that the owner of the property repair, remove or replace any plumbing product found to be defective or unserviceable.

PART 4 - Carrying out Plumbing Work

31.   Standard of plumbing work

A person must not carry out plumbing work unless it is carried out in accordance with –

(a) the documents in respect of which a plumbing permit or special plumbing permit was issued; and

(b) the plumbing permit or special plumbing permit issued in respect of the plumbing work; and

(c) the Tasmanian Plumbing Code.

Penalty:  Fine not exceeding 20 penalty units.

32.   Plumbing work over service easement

A person must not carry out any plumbing work over or within a service easement unless the person obtains written consent to do so from the appropriate authority.

Penalty:  Fine not exceeding 20 penalty units.

33.   Products and materials

A person must not use a product or material in plumbing work unless the use of the product or material is authorised under the Tasmanian Plumbing Code or under regulation 7 .

Penalty:  Fine not exceeding 20 penalty units.

34.   Plumbing work in unregistrable relocatable buildings

(1)  A person who installs plumbing work in a new unregistrable relocatable building must affix to the chassis of that unregistrable relocatable building a clearly visible metal compliance plate that –

(a) states the number of the licence held by the plumber under the Occupational Licensing Act 2005 ; and

(b) certifies that the plumbing work has been installed and tested and complies with the Act and these regulations; and

(c) states the chassis number of the unregistrable relocatable building; and

(d) complies with the requirements set out in subregulation (2).

Penalty:  Fine not exceeding 20 penalty units.

(2)  The information on the compliance plate must be –

(a) etched, embossed or stamped; and

(b) recessed or projected not less than 0.25 millimetres below or above the surface of the compliance plate; and

(c) in letters of not less than 2 millimetres high.

35.   Responsibility for plumbing work and materials

(1)  A person who carries out plumbing work, or has plumbing work carried out under his or her control, is responsible for the quality of that plumbing work and the materials and products used in it.

(2)  An inspection by, or on behalf of, the permit authority does not remove the responsibility of the person carrying out plumbing work set out in subregulation (1) .

36.   Authorisation to start work

(1)  For the purpose of section 87(3)(a) of the Act, an applicant for a start-work authorisation for plumbing work for which a permit has been issued is to provide the following information to the permit authority:

(a) the person's name and address;

(b) if the plumbing work is required to be carried out by a plumber, the number of the licence held by the plumber under the Occupational Licensing Act 2005 ;

(c) the address and a brief description of the plumbing work;

(d) the plumbing permit number.

(2)  An application for a start-work authorisation may be made orally or in writing.

(3)  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.

37.   Issue and refusal of start-work authorisations

(1)  After receiving an application under regulation 36 , a permit authority is to issue a start-work authorisation for plumbing work if satisfied that –

(a) in the case of plumbing work that includes work required to be carried out by a plumber, the person intending to carry out the plumbing work is a plumber; and

(b) a plumbing permit or special plumbing permit has been granted in respect of the plumbing work.

(2)  If the permit authority is not satisfied as required under subregulation (1) , the permit authority is to refuse the application for a start-work authorisation and is to issue a notice of refusal, in an approved form –

(a) in the case of an application made as part of an application for a plumbing permit, with the issue of the plumbing permit; or

(b) in the case of an application that was not part of an application for a plumbing permit, within one working day after receiving the application.

(3)  A start-work authorisation may be issued by giving a unique authorisation number orally or in writing to the applicant.

(4)  Where a start-work authorisation is made orally, the permit authority is to confirm the authorisation in writing in an approved form within the specified period.

38.   Connections to stormwater systems

(1)  A person must not connect a plumbing installation to, or cause or permit any plumbing installation under his or her control to be connected to, a stormwater system, or interfere with or cause or permit an interference with any plumbing work connected to a stormwater system, unless –

(a) the person performing the installation has been authorised in writing by the general manager or permit authority to make the connection or interfere with the plumbing work; and

(b) the person performing the installation has given at least 48 hours' notice to the general manager or permit authority of the intended connection or interference.

Penalty:  Fine not exceeding 20 penalty units.

(2)  A property is to be separately connected to the relevant council's stormwater system through a single connection unless otherwise authorised by the permit authority.

(3)  A person must not connect an unregistrable relocatable building to a sewerage system, on-site waste water management system, stormwater system or water supply system unless the plumbing work contained in the building complies with the Act, the Tasmanian Plumbing Code and these regulations.

Penalty:  Fine not exceeding 20 penalty units.

39.   Disconnection of services

(1)  A person who disconnects any plumbing installation from a council's stormwater system must seal that system in accordance with the requirements of the general manager of the relevant council and the Tasmanian Plumbing Code.

Penalty:  Fine not exceeding 20 penalty units.

(2)  If the general manager or permit authority determines that the relevant council's stormwater system is not sealed satisfactorily, the general manager may enter the land on which the disconnection took place and carry out any works necessary to correct the sealing of the stormwater system.

(3)  The owner of the land on which the disconnection took place is to pay the cost of any work carried out in accordance with subregulation (2) .

PART 5 - Inspection and Enforcement

40.   Inspections of plumbing work

(1)  A permit authority must ensure that an inspector who inspects plumbing work –

(a) is competent to ensure that the plumbing work complies with the Act; and

(b) is appointed under a contract of employment or a contract for services.

(2)  Reliance on a certificate in accordance with section 266 of the Act does not constitute an inspection for the purposes of section 113(3A) of the Act.

41.   Inspection and testing materials

A person who carries out plumbing work or who controls plumbing work being carried out is to supply any equipment, material, power and labour required for the inspection or testing of that plumbing work.

42.   Non-inspection at mandatory notification stage

If the permit authority does not inspect plumbing work, or cause plumbing work to be inspected, at a mandatory notification stage, the permit authority is to record on the certificate of completion (plumbing work) –

(a) the reason why the inspection was not carried out; and

(b) whether any alternative inspection or certification was relied on.

43.   Consent to proceed

A person must not proceed with the commissioning of any plumbing work, or cover up plumbing work that has reached a mandatory notification stage, until –

(a) the person has obtained the permit authority’s consent to proceed; or

(b) the period specified under section 88(2)(a) of the Act has ended; or

(c) a notice or order in respect of the plumbing work issued under the Act has been complied with or revoked.

Penalty:  Fine not exceeding 20 penalty units.

44.   Direction to uncover plumbing work

(1)  A direction to uncover plumbing work is to –

(a) be in an approved form; and

(b) be served on the plumber; and

(c) set out, in detail, the plumbing work which is to be uncovered to enable its inspection.

(2)  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.

(3)  The permit authority may revoke, in writing, a direction to uncover plumbing work if satisfied on other evidence that the plumbing work is likely to comply with these regulations.

(4)  A person must not undertake, or permit, any further building work or plumbing work that would make compliance with a direction to uncover plumbing work more difficult or impossible.

Penalty:  Fine not exceeding 20 penalty units, and an additional fine not exceeding 10 penalty units for each day during which the offence continues.

45.   Written inspection directions

(1)  For the purposes of section 91 of the Act, a written direction, or the written confirmation of an oral direction, is to –

(a) be in an approved form; and

(b) be given to the plumber; and

(c) specify the plumbing work which does not comply with the plumbing permit, special plumbing permit, the Act or these regulations and the basis of that non-compliance; and

(d) require the plumber to make the plumbing work comply with the plumbing permit or the special plumbing permit, the Act and these regulations.

(2)  A direction under section 91 of the Act may require that the plumber notify the permit authority when the work complies with the plumbing permit or special plumbing permit.

(3)  A person must not undertake, or permit, any further building or plumbing work that would make compliance with a direction under section 91 of the Act more difficult or impossible.

Penalty:  Fine not exceeding 20 penalty units, and an additional fine not exceeding 5 penalty units for each day during which the offence continues.

46.   Infringement notices

(1)  For the purpose of section 243 of the Act, the offences in Column 3 of Schedule 1 are prescribed offences.

(2)  The penalties listed in Column 4 of Schedule 1 are the prescribed penalties for the offences listed in Column 3 of that Schedule to which they respectively relate.

(3)  If an infringement notice is served under section 243 of the Act and is not withdrawn, the general manager or Director is to forward a copy of it to the body responsible for the registration of plumbers in this State under the Act.

PART 6 - Use of On-site Waste Water Management System

47.   Use of on-site waste water management system

(1)  A person must not use an on-site waste water management system other than in accordance with –

(a) the conditions of a special plumbing permit; and

(b) the conditions of accreditation determined by the Minister under section 59(2) of the Act; and

(c) the Act and these regulations.

Penalty:  Fine not exceeding 20 penalty units.

(2)  In using an on-site waste water management system, a person must not dilute waste water to achieve compliance with the waste water standards specified in the conditions of accreditation as determined by the Minister under section 59(2) of the Act.

Penalty:  Fine not exceeding 20 penalty units, and an additional fine not exceeding 10 penalty units for each day during which the offence continues.

PART 7 - Maintenance and Management

48.   Maintenance and management of plumbing installations

(1)  Each of the following persons must ensure that a plumbing installation is used, operated, maintained and managed in accordance with the Act, the Tasmanian Plumbing Code and these regulations:

(a) an occupier of the land on which, or the building in which, the plumbing installation is installed who has a contractual responsibility for the maintenance of the installation, or for part of the installation;

(b) if the occupier does not have a contractual responsibility to maintain the plumbing installation, the owner of the land on which, or the building in which, the installation is installed.

Penalty:  Fine not exceeding 20 penalty units, and an additional fine not exceeding 10 penalty units for each day during which the offence continues.

(2)  The Director may –

(a) determine which plumbing appliances, plumbing installations and plumbing fixtures are essential to the health and safety of the user of those appliances, installations and fixtures; and

(b) specify the frequencies at which, and the manner in which, the proper performance of those appliances, installations and fixtures must be maintained.

49.   Maintenance and management of on-site waste water management systems

(1)  In this regulation –

use, operate, maintain or manage, in relation to an on-site waste water management system, includes –

(a) holding, treating, re-using or disposing of sewage or by-products of sewage, whether or not the sewage is generated on the allotment on which the on-site waste water management system is operated; and

(b) using artificial wetlands, settling lagoons, evapo-transpiration-absorption trenches, evapo-transpiration-seepage trenches, beds, mounds or vegetation and the like in associated land application systems; and

(c) holding processed sewage that is to be subsequently transported to an approved disposal system.

(2)  The owner of a site on which an on-site waste water management system is installed must ensure that the system is used, operated, maintained or managed in accordance with the conditions of the permit issued by the permit authority for the system and the conditions of accreditation, if determined by the Minister, under section 59(2) of the Act.

Penalty:  Fine not exceeding 20 penalty units, and an additional fine not exceeding 10 penalty units for each day during which the offence continues.

(3)  An owner of premises on which waste from an on-site waste water management system is deposited must comply with any directions given by the general manager or permit authority from time to time as to the use, operation, maintenance or management of the system.

Penalty:  Fine not exceeding 20 penalty units.

(4)  The occupier of a site on which an on-site waste water management system is installed must not use, operate, maintain or manage the system in a way that contravenes –

(a) the conditions of the permit issued by the permit authority for the system; or

(b) the conditions of accreditation determined by the Minister under section 59(2) of the Act, if any; or

(c) a direction given by a general manager or permit authority as to the use, operation, maintenance or management of the system.

Penalty:  Fine not exceeding 20 penalty units, and an additional fine not exceeding 10 penalty units for each day during which the offence continues.

(5)  If, in the opinion of an environmental health officer, the continued use of an on-site waste water management system which was installed before 15 January 1996 would result in environmental harm or a nuisance, the general manager must –

(a) serve on the owner of the premises on which an on-site waste water management system is installed a written notice; and

(b) forward a copy of the written notice to the occupier of a site on which an on-site waste water management system is installed.

(6)  The notice is to –

(a) be in an approved form; and

(b) specify the action required to be carried out to avoid the likelihood of environmental harm or a nuisance occurring; and

(c) specify the period within which the action is to be completed.

(7)  The owner or occupier of a site, on whom a notice is served under subregulation (5) , must comply with that notice.

Penalty:  Fine not exceeding 20 penalty units, and an additional fine not exceeding 10 penalty units for each day during which the offence continues.

(8)  If the owner fails to carry out the action specified in the notice in accordance with subregulation (6)(b) , the general manager may enter the land and carry out any work necessary to avoid the likelihood of environmental harm or a nuisance occurring.

(9)  The owner is to pay the cost of any work carried out under subregulation (8) .

(10)  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 .

(11)  For the purpose of this regulation, a general manager in respect of a municipal area is to ensure that all on-site waste water management systems within the municipal area are maintained by competent individuals.

(12)  For the purposes of subregulation (11) , competent individual means a person who –

(a) has the qualifications determined by the general manager or has passed, to the satisfaction of the general manager, any examination determined by the general manager; and

(b) in the opinion of the general manager, has appropriate experience.

50.   Random inspections

The general manager in respect of a municipal area may carry out, or cause to be carried out, random inspections of on-site waste water management systems within the municipal area.

51.   Service rate

For the purpose of section 93 of the Local Government Act 1993 , the management, maintenance, monitoring and auditing of an on-site waste water management system is a prescribed service.

52.   Backflow prevention devices

(1)  The owner or occupier of a site on which a testable backflow prevention device is installed must ensure that the device is maintained in accordance with the Tasmanian Plumbing Code and the conditions of the relevant permit issued by the permit authority.

Penalty:  Fine not exceeding 20 penalty units, and an additional fine not exceeding 10 penalty units for each day during which the offence continues.

(2)  If the general manager or permit authority determines that a backflow prevention device installed to protect the water main is unsatisfactory, the owner of the site on which the device is installed is to remove the device and –

(a) install an approved backflow prevention device; or

(b) alter the water service to provide a physical air gap.

(3)  If the owner fails to perform the work referred to in subregulation (2) , the general manager may cause authorised personnel or agents to enter the site and carry out any works necessary to prevent the contamination or possible contamination of the drinking water supply.

(4)  The owner is to pay the cost of any work carried out under this regulation.

53.   Water temperature control devices

The owner or operator of a hospital, nursing home, early childhood centre, educational institution or similar facility for young, aged, sick or disabled persons, in which a thermostatic mixing valve or tempering valve is installed to supply water to fixtures for personal hygiene, must ensure that the device is maintained in accordance with the Tasmanian Plumbing Code and the relevant conditions of the permit issued by the permit authority that relate to the relevant valve.

Penalty:  Fine not exceeding 20 penalty units, and an additional fine not exceeding 10 penalty units for each day during which the offence continues.

PART 8 - Miscellaneous

54.   Appeal under regulations

A person who was a party to a decision under these regulations may appeal to the Appeal Tribunal against that decision.

55.   Fees

(1)  The fees set out in Schedule 2 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 2 is payable to the Director.

SCHEDULE 1 - Infringement Notice Offences

Regulation 46

SCHEDULE 2 - Fees

Regulation 55

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 25 June 2014

These regulations are administered in the Department of Justice.