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THE NEWSLETTER CONNECTING PLUMBERS AND DRAINERS TO INDUSTRY, LOCAL GOVERNMENT, LICENSING AND COMPLIANCE ISSUES. IN THIS EDITION issue 9 6 Plumbing and Drainage Act 2002 review 6 Notifiable work update 6 Audit programs 6 Sub-meter installations—who can install? 6 Bedding material (poly piping) 6 Compliance corner 6 Plumbing industry Council disciplinary action 6 Around the traps 6 In the spotlight—Brad Hodgkinson 6 Ask the Registrar PLUMBING AND DRAINAGE ACT 2002 REVIEW Between 15 June to 25 July 2014, the Queensland Government released a discussion paper and held public consultation sessions about the review of the Plumbing and Drainage Act 2002. The findings are currently being compiled. The aim of the review was to promote efficiencies, cut red tape and reduce compliance costs for the plumbing and building industries and homeowners. The review coincides with the upcoming expiry of the Plumbing and Drainage Regulation 2003 and the Standard Plumbing and Drainage Regulation 2003. It is a legislative requirement that Regulations are reviewed every 10 years to ensure their continued relevance to the economic, social and general wellbeing of the people of Queensland. The review focused on: 6 streamlining requirements to reduce the regulatory burden on industry, without compromising public health and safety; and 6 reducing red tape, time delays and associated costs for housing providers, plumbing licensees, local governments and homeowners. For more information, please visit www.hpw.qld.gov.au under Plumbing legislation review. August 2014 NOTIFIABLE WORK The notifiable work scheme commenced on 1 November 2012. Since the reforms commenced, more than 76 000 notifiable work forms (Form 4s) have been lodged state-wide, delivering savings to Queenslanders of approximately $22 million in approval and inspection fees. AUDIT PROGRAMS The Plumbing Industry Council has now completed three audit programs under the notifiable work reforms Approximately 1245 licensees have been audited by the Plumbing Industry Council to ensure that notifiable work forms are being lodged as required by legislation. Audit programs are an important part of the notifiable work scheme. Audits ensure that plumbers and drainers are meeting their responsibilities for lodging Form 4s. They also provide an opportunity for auditors and licensees to discuss the types of work that are classified as notifiable work, and what they have to do to comply with the legislation. If you receive a ‘Notice of Audit’ letter from a Plumbing Industry Council auditor, it is important that you provide the documentation requested in the notice. Failing to comply with a Notice of Audit can result in penalties of $1138.50 per offence. It is important that licensees lodge Form 4s when performing notifiable work, as failing to submit the forms can result in penalties of $683.10 for each form not submitted. The latest audit program started on 15 May 2014 and will continue until 14 November 2014. All licensees across Queensland who may act as the responsible person for notifiable work and the lodgement of Form 4s may be subject to an audit. For more information about the audit program, visit www.hpw.qld.gov.au/notifiablework

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Page 1: PLUMBING AND DRAINAGE ACT 2002  · PDF fileinstalling in-ground water piping systems, ... Poor workmanship ... suspended their licence. It also imposed

THE NEWSLETTER CONNECTING PLUMBERS AND DRAINERS TO INDUSTRY, LOCAL GOVERNMENT, LICENSING AND COMPLIANCE ISSUES.

IN T

HIS

ED

ITIO

N

issue 9

6 Plumbing and Drainage Act 2002 review

6 Notifiable work update

6 Audit programs

6 Sub-meter installations—who can install?

6 Bedding material (poly piping)

6 Compliance corner

6 Plumbing industry Council disciplinary action

6 Around the traps

6 In the spotlight—Brad Hodgkinson

6 Ask the Registrar

PLUMBING AND DRAINAGE ACT 2002 REVIEWBetween 15 June to 25 July 2014, the Queensland Government released a discussion paper and held public consultation sessions about the review of the Plumbing and Drainage Act 2002. The findings are currently being compiled.

The aim of the review was to promote efficiencies, cut red tape and reduce compliance costs for the plumbing and building industries and homeowners.

The review coincides with the upcoming expiry of the Plumbing and Drainage Regulation 2003 and the Standard Plumbing and Drainage Regulation 2003. It is a legislative requirement that Regulations are reviewed every 10 years to

ensure their continued relevance to the economic, social and general wellbeing of the people of Queensland.

The review focused on:

6 streamlining requirements to reduce the regulatory burden on industry, without compromising public health and safety; and

6 reducing red tape, time delays and associated costs for housing providers, plumbing licensees, local governments and homeowners.

For more information, please visit www.hpw.qld.gov.au under Plumbing legislation review.

August 2014

NOTIFIABLE WORKThe notifiable work scheme commenced on 1 November 2012.

Since the reforms commenced, more than 76 000 notifiable work forms (Form 4s) have been lodged state-wide, delivering savings to Queenslanders of approximately $22 million in approval and inspection fees.

AUDIT PROGRAMS The Plumbing Industry Council has now completed three audit programs under the notifiable work reforms

Approximately 1245 licensees have been audited by the Plumbing Industry Council to ensure that notifiable work forms are being lodged as required by legislation.

Audit programs are an important part of the notifiable work scheme. Audits ensure that plumbers and drainers are meeting their responsibilities for lodging Form 4s. They also provide an opportunity for auditors and licensees to discuss the types of work that are classified as notifiable work, and what they have to do to comply with the legislation.

If you receive a ‘Notice of Audit’ letter from a Plumbing Industry Council auditor, it is important that you provide the documentation requested in the notice. Failing to comply with a Notice of Audit can result in penalties of $1138.50 per offence.

It is important that licensees lodge Form 4s when performing notifiable work, as failing to submit the forms can result in penalties of $683.10 for each form not submitted.

The latest audit program started on 15 May 2014 and will continue until 14 November 2014. All licensees across Queensland who may act as the responsible person for notifiable work and the lodgement of Form 4s may be subject to an audit. For more information about the audit program, visit www.hpw.qld.gov.au/notifiablework

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Photo: wikipedia.org/Utilitysupplies

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2

WHO CAN INSTALL WATER METERS? The laws about who can install water

meters have been changed.

Previously, only appropriately licensed plumbers were permitted to install water meters between the boundary of a premises and water supply infrastructure (master meters). Now persons authorised by a water service provider can install these master meters.

Specifically, the amendments changed the:

6 Plumbing and Drainage Act 2002 —by stating that the installation of a master meter can be undertaken by an authorised person; and

6 Water Supply (Safety and Reliability) Act 2008—to ensure that an authorised person has the necessary skills and qualifications to install the master meter.

Sub-metersThe amendments have not changed the laws about who can install sub-meters within premises. Only a licensed plumber can install a sub-meter.

BEDDING MATERIAL (FOR POLY PIPING)The Plumbing Industry Council has noticed that in an attempt to cut costs, some plumbing contractors are using inappropriate bedding materials when installing in-ground water piping systems, such as builders’ rubble or trench soil. This practice can reduce the performance and service life of the piping systems.

These pipes should be surrounded with no less than 75 millimetres of compacted sand, or fine grained soil, with no hard-edged object permitted to come in to contact or rest against the pipe or fitting. This is particularly important in areas where there is the potential for in-ground pipes to be damaged by rocks or hard edged objects, which can result in the pipe bursting.

The cost of both piping and bedding material is small compared to the damage a broken pipe can cause. While it is obvious that outdoor pipes (below ground) need to be protected, too often inadequate bedding material results in damage to the property, repair and replacement costs, and increased water charges because of excessive water losses.

Use of correct pipe bedding material minimises, if not eliminates, the chance of below-ground pipes leaking or breaking.

For further information on correct bedding material, refer to section 5.12 Bedding and Backfill of AS/NZS 3500.1. In part, it states:

The water services shall be surrounded with not less than 75 millimetres of compacted sand, or fine grained soil, with no hard-edged object permitted to come in contact with or rest against any pipe or fitting (as shown in Figure 5.5).

Excavated material from the trench may be suitable for final backfill, provided it is free from rock, hard matter (e.g. concrete) and organic material (e.g. tree roots, branches), and broken up so that it contains no soil lumps larger than 75 millimetres, which would prevent adequate compaction.

Unless specified to the contrary, copper and stainless steel pipelines may be installed in soil excavated from the trench in which they are to be installed, provided the soil is compatible with copper and stainless steel and free from rock and rubble.

Figure 5.5

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COMPLIANCE CORNER

‘As-constructed’ diagrams must be included for underground drainageLicensees must attach an ‘as-constructed’ diagram to every Form 4 relating to underground drainage. An as-constructed diagram should include (where relevant):

6 the location of:

– any affected fixtures and sanitary drains

– each access point for cleaning and maintenance work

– any new reflux valves.

6 the dimensions of:

– any sanitary drains affected by the work

– depths and setbacks of any pipes, fixtures or apparatus installed.

Example only

Licensees can attach an as-constructed diagram to a Form 4 that has already been lodged by:

1. Logging in to www.smarteda.qld.gov.au/pai/login.action

2. Click on the existing Form 4 on your home page (it will have an “E00XXXX” number)

N.B. You can also identify the form by the address

3. Click on “Send Communication” on the left of your screen

4. Type a subject in the Subject field

5. Type a message in the Message field

N.B. The subject and message fields both require some text to proceed

6. Click “Add Attachment” (the green plus sign)

7. Browse your computer for the document you wish to attach and select/click the document

8. Click “Upload”

9. Click “Send”

This will send the attachment to both the Plumbing Industry Council and the local government. This also saves the attachment to the Form 4 inside PAS. PAS will then return you to the Form 4 summary page where you can see the pdf of the Form 4 and also the attachment under the heading “Communication”.

10. Click “Home” to return to your home page.

The Plumbing Industry Council and local governments are now contacting licensees who have not provided an adequate constructed diagram with their Form 4 and requiring a suitable diagram to be attached.

Trade waste connectionsAny plumbing and drainage work that requires discharge of trade waste to be connected to sewerage infrastructure will need an approval from a sewerage service provider under the Water Supply (Safety and Reliability) Act 2008.

In most of south-east Queensland this is the water utility, and for the remainder of the state, it is the local government.

Avoid being caught out as penalties apply.

Ensure your employees are licensedThe department has recently issued infringement notices to several licensees and their employees for performing work whilst being unlicensed. The maximum penalty for working unlicensed is $18,785.25.

Each licensee is personally responsible for ensuring their licence is current. The Plumbing Industry Council notifies each licensee one month before their licence is due to expire by sending a letter to the last known address.

All licensees performing plumbing or drainage work as employees should be aware that their employer may also be penalised if they are performing plumbing and drainage work whilst unlicensed.

Contractor’s licencesAll licensees will be aware that regulated plumbing and drainage work in Queensland must be performed by a person with a licence from the Plumbing Industry Council.

Any plumbing or drainage work done under a contract must also be performed under a contractor’s licence from the Queensland Building and Construction Commission (formerly the Queensland Building Services Authority (QBSA)).

If the licensee performing the work does not hold a current contractor’s licence, then they must be employed by a person who does. A breach of this requirement is an offence.

It is an offence for a provisional licensee to directly enter into a contract, and any work they do perform must be under the supervision of a full licensee.

The Commission investigates allegations of work performed without a contractor’s licence and takes appropriate enforcement action.

For more information about contractor licences please call 1300 272 272 or visit www.QBCC.qld.gov.au

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COMPLIANCE CORNER continued

Work on buildings with combined drainsThe responsible person (usually a licensed plumber or drainer) is responsible for obtaining drainage plans to ascertain whether a building is connected to a combined sanitary drain.

Installing a fixture on a combined sanitary drain is compliance assessable work under

the Plumbing and Drainage Act 2002, and a compliance permit is required from the local government.

Performing compliance assessable work without a compliance permit attracts a penalty of up to $187,852.25 and can also lead to disciplinary action by the Plumbing Industry Council.

Plumbing Industry Council disciplinary actionUnder the Plumbing and Drainage Act 2002 the Plumbing Industry Council among other things, investigates complaints about work for which a licence is required. The following three matters are examples of some of the recent investigations finalised by the Plumbing Industry Council.

Poor workmanship

A licensee who has been in business for five years was investigated for not competently performing work that they were authorised to carry out under their licence. The evidence collected not only proved that the licensee had performed poor workmanship but also that they had intentionally recorded incorrect addresses on notifiable work forms being submitted.

In this case, the Plumbing Industry Council imposed the following penalties:

6 reduced the licensee’s licence to a provisional licence, requiring the licensee to work under the supervision of an open licensee for a period of 12 months

6 a financial penalty of $3300

6 required the licensee to complete the plumbing legislation course within 12 months of the receiving the information notice.

The Commission also investigated the licensee for defective bathroom renovation work and imposed a fine of $50,000.

Supervision of licence

The Plumbing Industry Council had previously dealt with a licensee, and suspended their licence. It also imposed a $6,000 fine for performing defective work and providing false and misleading information during an investigation.

This person came to the attention of the Plumbing Industry Council again for continuing to advertise their plumbing services despite being suspended. The matter was investigated and the Plumbing Industry Council imposed another fine of $600.

The Commission also suspended the licensee’s contractor’s licence until further notice.

Failure to lodge Form 4’s

The Plumbing Industry Council has recently issued show cause notices to several licensees for failure to lodge Form 4s for notifiable work. Two licensees have subsequently been penalised for not providing suitable documentation in accordance with their legal responsibilities.

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AROUND THE TRAPS

Transition to the Queensland Building and Construction Commission (Commission)Most licensees will now be aware that occupational plumber and drainer licensing functions of the Plumbing Industry Council are being transferred to the Commission in September 2014. Licensees holding a contractor licence will no longer be required to hold an occupational licence.

After the functions are transferred to the Commission, licensees who hold both a plumber and drainer contractor and occupational licence will be able to apply for a pro-rata refund of their occupational licence. The amount of the pro-rata refund will depend on the period of the unexpired portion of the occupational licence but will not include the non-refundable processing fee which is currently $58.75.

WaterMark Certification Scheme reviewThe WaterMark Certification Scheme is Australia’s mandatory certification scheme for plumbing and drainage materials and products. It ensures that they meet Australian Standards and are fit for use.

Earlier this year the Australian Building Codes Board (ABCB) commenced a review of the scheme. The review will identify opportunities for improvement to the scheme. Building Codes Queensland has provided feedback to the ABCB about opportunities for streamlining the current system.

For more information about WaterMark and the review, visit www.abcb.gov.au/product-certification/watermark

Penalties and fees reminderAs of July 2014, the plumbing fees have increased. These fees will apply to all applications lodged with the Plumbing Industry Council from this date. The value of a penalty infringement unit for fines has also increased from $110 to $113.85.

PhotographsThe Plumbing Industry Council has identified that many licensees are sending in poor quality photographs for their licence when submitting application for a licence. Photographs should be of a passport quality and the same size as a passport photograph.

Installation of solar hot water systems and photovoltaic (solar) energy panels

Under the Building Act 1975 and the Sustainable Planning Act 2009 most building work requires a building development approval, unless it is prescribed as ‘self-assessable’ or ‘exempt’ under the Building Regulation 2006 (BR). As of 1 November 2013, the BR makes it clear that the installation of solar collectors on a roof for either a hot water system or solar energy (photovoltaic) system is ‘self-assessable’ building work and does not require a building development approval.

However, like other self-assessable building work, these installations must still comply with relevant laws, codes and standards. For example, the installation of a close-coupled solar hot water heater must still comply with AS/NZS 3500.4—Heated Water Services and the

installation of a photovoltaic (solar) energy systems must comply with AS/NZS 5033:2012—Installation and safety requirements for photovoltaic (PV) arrays.

Before installing a close-coupled solar hot water system, the installer needs to consider if the roof is strong enough to bear the weight of the system when it is full of water or, if not, if the roof can be strengthened to support the weight. A site assessment must be conducted to determine this and this involve an assessment of the roof’s framing structure, the materials used and the soundness of the roof supports. If a plumber determines that additional strengthening is required or if they are unsure of the strength of the roof structure, a builder or engineer should be engaged to advise on additional

strengthening. Plumbers should also ensure that the installation complies with relevant requirements and the manufacturer’s installation instructions.

45m

m -

50m

m

Min

32m

mM

ax 3

6mm

35mm - 40mm

For more information and examples visit www.passports.gov.au/web/requirements/photos.aspx

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IN THE SPOTLIGHT

Brad Hodgkinson—Member of the Plumbing Industry Council, representing the Local Government Association of Queensland

Plumbing Industry Council member, Brad Hodgkinson provides an insight into his extensive career and shares his thoughts about the plumbing industry’s ongoing development.

Brad, tell us a bit about yourself

I have worked in local government for the past 22 years as a coordinator of plumbing services. As a licensed plumber, I also hold qualifications in both management and construction hydraulics.

My earlier working life included a four year plumbing apprenticeship at Walkers Limited in Maryborough and a further 10 years working as a maintenance plumber/gasfitter in the sugar industry.

I have previously served on the Building and Development Tribunals and the Building and Development Disputes Resolution Committee as a general referee hearing appeals relating to a broad array of plumbing matters.

As past President of the Institute of Plumbing Inspectors of Queensland, I have been responsible for coordinating state and regional conferences, workshops and plumbing forums that support government and industry participation.

I am a current member of the Plumbing Industry Council representing the Local Government Association of Queensland.

From a local government perspective, what are your thoughts on the notifiable work reforms?

The importance of regulation in our plumbing industry should never be taken for granted. It forms a significant part of the foundation that supports the protection of public health and environmental amenity within our communities.

Local government plays an important role in delivering and overseeing the compliance linkage between the community and the plumbing industry. Maintaining plumbing compliance throughout communities in support of consumer protection is paramount.

Queensland plumbing regulations require plumbers and drainers to have work assessed for compliance with codes and standards under compliance assessable work, and where selected, for audit under notifiable work. The current regulatory framework supports a level playing field for industry equality in that non-compliant work is identified and plumbers and drainers not meeting compliance standards must rectify

their work. This varies significantly from other plumbing regulatory frameworks in Australia.

Where do you see the plumbing industry going in the future?

Plumbers and drainers should now be well aware of their responsibility under the notifiable work reforms introduced in Queensland on 1 November 2012. It has been reported by some local authorities that defective work remains unacceptably high in all categories of notifiable work and some plumbers are not submitting forms for work undertaken.

This is a disappointing outcome and I believe to achieve higher levels of compliance consideration could be given to the introduction of a compulsory system of continuing professional development for all licensees for the betterment of the industry and the community.

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Bill Watson

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ASK THE REGISTRAR

Frequently asked questions about notifiable work

Is installing a new fixture in an existing building with a combined drain notifiable work?

No. Installing a new fixture such as a toilet or sink in an existing building connected to a combined drain must be approved by local government. This can be done by lodging a Form 1—Compliance assessment application for plumbing, drainage and on-site sewerage work. Adding new fixtures can increase the load on the combined drain, which could then impact on other properties connected to that drain.

If you are unsure if the property you are working on has a combined drain, contact your local government for details.

Is installing a new fixture in a high-rise building notifiable work?

Under the category of notifiable work, a fixture can only be installed or relocated in a class 2 to 9 building (such as a multi-unit residential building, office building, school or health care building) if the building is no more than two storeys high. Installing a new fixture in a class 2 to 9 building with three or more storeys requires local government approval and inspections. This is due to the more complex nature and design of these buildings and their associated plumbing work.

More basic plumbing and drainage work, such as extending or replacing water supply pipework or sanitary plumbing, or installing or replacing a water heater or a temperature control device, can be performed on a high rise building as notifiable work.

Is installing a new fixture in a house with an on-site sewerage treatment facility notifiable work?

Plumbing work, such as installing a new fixture in a building with an on-site sewerage treatment facility, is generally classified as notifiable work. However, the licensee performing the work should be careful to consider the additional load that any new fixtures may place on the system.

If it is determined that the work being performed will increase the load on the system, it is important that the system be assessed to make sure its capacity is still sufficient to accommodate the additional fixture where there is an on-site sewerage treatment facility. If a new system is required, it must be approved and inspected by local government under the usual compliance assessment process.

Is plumbing and drainage work for an extension to an existing building notifiable work?

Notifiable work expands the amount of plumbing and drainage work a licensee can perform in existing buildings, which includes building extensions.

For an extension to a detached house or terrace house (class 1 building), a licensee can extend or alter water supply pipework or sanitary drainage and install or relocate fixtures as notifiable work.

For an extension to a class 2 to 9 building (such as a multi-unit residential building, office building, school or health care building) a licensee can extend or alter water supply pipework and sanitary plumbing, and can also install or relocate fixtures provided the building is no more than two storeys.

What category of work is like-for-like replacement of a water meter for discharge of trade waste to sewerage infrastructure?

The replacement of an apparatus, such as a water meter, is generally considered minor work and does not have any approval or notification requirements. Like-for-like replacement of a water meter where the system requires discharge of trade waste to sewerage infrastructure is also considered minor work, provided it is a consistent model and no changes to the pipework are required.

If a different model of water meter is to be installed and alteration of the existing pipework is required, this is classified as notifiable work.

Any other alteration to the system that involves discharge of trade waste to sewerage infrastructure or the installation of new fixtures into the system must be approved and inspected by local government.

Licensee sectionAddress/Notes

Categories of work

Date

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 D D M M Y Y Y Y

FORM 4—NOTIFIABLE WORK section 87, Plumbing and Drainage Act 2002 (PDA)

Address

Categories of work

1 2 3 4 5 6 7 8

9 10 11 12 13 14 15 16

I hereby state that the work indicated above was completed within 10 business days of the date of this form and the

work complies with the PDA and the Standard Plumbing and Drainage Regulation 2003.

Responsible person

Plumbing Industry Council licence number Signature

Date

D D M M Y Y Y Y

Where the work performed involves underground drainage, an as-constructed diagram must be submitted with this form.

FORM 4—NOTIFIABLE WORK section 87, Plumbing and Drainage Act 2002 (PDA)

Address

Categories of work

1 2 3 4 5 6 7 8

9 10 11 12 13 14 15 16

I hereby state that the work indicated above was completed within 10 business days of the date of this form and the

work complies with the PDA and the Standard Plumbing and Drainage Regulation 2003.

Responsible person

Plumbing Industry Council licence number Signature

Date

D D M M Y Y Y Y

Where the work performed involves underground drainage, an as-constructed diagram must be submitted with this form.

PRIVACY NOTICE: The information on this form is collected as required under the PDA by the Department of Housing and Public Works on behalf of the Plumbing Industry Council (PIC).

This information may be stored by the PIC and/or the Department and their agents and contractors and made available to the property owner or person who requested the work and will

be used for administration, compliance, statistical research and evaluation of plumbing and drainage laws. Your personal information may be disclosed to other government agencies,

local government authorities and third parties for purposes relating to administering and monitoring compliance with the PDA. Personal information will otherwise only be disclosed to

third parties with your consent or in accordance with the Information Privacy Act 2009.

D

D

D

Owner or occupier copy

FORM 4—Notifiable worksection 87, Plumbing and Drainage Act 2002 (PDA).

Version 6. Effective November 2012

Plumbing Industry Council copyPlumbing Industry Council–PO Box 15027 City East Qld 4002 AustraliaT: +61 7 3235 4149 or 1800 682 021 | F: +61 7 3012 9826E: [email protected] | www.hpw.qld.gov.au

The Plumbing and Drainage Act 2002 is administered by the Department of Housing and Public Works.

issue 9Plumbing Industry Council

Great state. Great opportunity.