Building and Plumbing Amendment (Solar Water Heaters and Other Matters) Regulations 2023 (Vic)

Building and Plumbing Amendment (Solar Water Heaters and Other Matters) Regulations 2023

S.R. No. 122/2023

TABLE OF PROVISIONS

Regulation  Page

Part 1—Preliminary

1Objectives

2Authorising provisions

3Commencement

Part 2—Amendment of the Building Regulations 2018

4Modifications to the BCA Volume One and BCA Volume Two

5Form 2 in Schedule 4 amended

Part 3—Amendment of the Plumbing Regulations 2018

6Definitions

7Modifications to the PCA

8New Part 8A inserted

9Clauses 9, 10 and 11 of Schedule 2 revoked

10Clause 11(4) of Schedule 2 revoked

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Endnotes

STATUTORY RULES 2023

S.R. No. 122/2023

Building Act 1993

Building and Plumbing Amendment (Solar Water Heaters and Other Matters) Regulations 2023

The Governor in Council makes the following Regulations:

Dated: 28 November 2023

Responsible Minister:

SONYA KILKENNY
Minister for Planning

ANGELA SMITH

Clerk of the Executive Council

PART 1—PRELIMINARY

1Objectives

The objectives of these Regulations are—

(a)to amend the Building Regulations 2018 to modify the application of certain provisions of the Building Code of Australia; and

(b)to amend the Plumbing Regulations 2018—

(i)to revoke standards related to solar water heaters as a consequence of changes to the National Construction Code; and

(ii)to modify the application of certain provisions of the Plumbing Code of Australia; and

(iii)to clarify that if a solar hot water system is installed in a new Class 1 building, it no longer has to be gas‑boosted, even if a reticulated gas supply is available for connection; and

(c)to make consequential and other amendments to those Regulations.

2Authorising provisions

These Regulations are made under sections 7, 9, 221ZZZV, 261 and 262 of, and Schedule 1 to, the Building Act 1993.

3Commencement

(1)These Regulations, except regulations 6(2), 7(3), 8 and 9 come into operation on the day they are made.

(2)Regulations 6(2), 7(3), 8 and 9 come into operation on 1 May 2024.

PART 2—AMENDMENT OF THE BUILDING REGULATIONS 2018

4Modifications to the BCA Volume One and BCA Volume Two

In regulation 10A(1) of the Building Regulations 2018[1]—

(a)before subregulation (1)(a) insert—

'(aa)in the Notes to performance requirement B1P1, for "1 October 2023" there were substituted "1 May 2024";

(aab)in the Notes to the Deemed-to-Satisfy provisions contained in clause B1D3, for "1 October 2023" there were substituted "1 May 2024";';

(b)after subregulation (1)(b) insert—

'(ba)in Part G7, in the Notes to the heading "Introduction to this Part", for "1 October 2023" there were substituted "1 May 2024";'.

5Form 2 in Schedule 4 amended

In Form 2 in Schedule 4 to the Building Regulations 2018—

(a)for "clause H8D2(2)" substitute "clauses H8P1(a) and H8D2(2)";

(b)for "BCA performance requirement H8P1(a)" substitute "clauses H8P1(a) and H8D2(2) of the BCA Volume Two";

(c)for "Clause H8P1(a)" substitute "Clauses H8P1(a) and H8D2(2)".

PART 3—AMENDMENT OF THE PLUMBING REGULATIONS 2018

6Definitions

(1)In regulation 5 of the Plumbing Regulations 2018[2] insert the following definition—

"AS 1851 means AS 1851 Routine service of fire protection systems and equipment, as issued, published or remade from time to time;".

(2)In regulation 5 of the Plumbing Regulations 2018, the following definitions are revoked—

(a)AS/NZS 4234;

(b)Climate zone 4;

(c)solar pre-heater;

(d)solar water heater;

(e)thermal energy load.

7Modifications to the PCA

(1)In regulation 9(1)(c) of the Plumbing Regulations 2018, for "system." substitute "system; and".

(2)After regulation 9(1)(c) of the Plumbing Regulations 2018 insert—

'(d)in the Notes to clause VIC B6D2 in Schedule 10, for "30 September 2023" there were substituted "30 April 2024"; and

(e)in the Notes to clause VIC B7D4 in Schedule 10, for "30 September 2023" there were substituted "30 April 2024".'.

(3)In regulation 9 of the Plumbing Regulations 2018—

(a)in subregulation (2), for "Subject to subregulation (3), the" substitute "The";

(b)subregulation (3) is revoked.

8New Part 8A inserted

After Part 8 of the Plumbing Regulations 2018 insert—

"PART 8A—TRANSITIONAL PROVISIONS—BUILDING AND PLUMBING AMENDMENT (SOLAR WATER HEATERS AND OTHER MATTERS) REGULATIONS 2023

58Requirements for solar water heaters installed on or after 1 May 2024

(1)This regulation applies if, on or after 1 May 2024, a solar water heater (including a heat pump water heater) is installed in a new Class 1 building to comply with the Victorian variations to performance requirement P2.6.1 and clauses V2.6.1 and 3.12.0 of Volume Two of the National Construction Code 2019.

(2)Despite the amendments made by the Building and Plumbing Amendment (Solar Water Heaters and Other Matters) Regulations 2023, a solar water heater referred to in subregulation (1) must comply with these Regulations as in force immediately before 1 May 2024.".

9Clauses 9, 10 and 11 of Schedule 2 revoked

Clauses 9, 10 and 11 of Schedule 2 to the Plumbing Regulations 2018 are revoked.

10Clause 11(4) of Schedule 2 revoked

Clause 11(4) of Schedule 2 to the Plumbing Regulations 2018 is revoked.

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ENDNOTES

[1] Reg. 4: S.R. No. 38/2018 as amended by S.R. Nos 38/2018, 75/2018, 100/2018, 180/2018, 40/2019, 116/2019, 21/2020, 42/2020, 83/2020, 101/2020, 73/2021, 128/2021, 50/2022, 61/2022, 65/2023, 80/2023 and 102/2023.

[2] Reg. 6(1): S.R. No. 149/2018 as amended by S.R. Nos 149/2018, 41/2019, 122/2022 and 102/2023.

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Table of Applied, Adopted or Incorporated Matter

The following table of applied, adopted or incorporated matter is included in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2014.

In this table—

amending regulations means the Building and Plumbing Amendment (Solar Water Heaters and Other Matters) Regulations 2023;

BCA Volume One means Volume One of the National Construction Code 2022 including any Victorian variations or additions set out in Schedule 10 to that Volume;

BCA Volume Two means Volume Two of the National Construction Code 2022 including any Victorian variations or additions set out in Schedule 10 to that Volume;

BCA Volume Two 2019 means Volume Two of the National Construction Code 2019 including any Victorian variations or additions set out in Schedule 1 to that Volume;

National Construction Code 2019 means the National Construction Code 2019 published by the Australian Building Codes Board in February 2019 and as amended on 1 July 2020;

National Construction Code 2022 means the National Construction Code 2022 published by the Australian Building Codes Board on 1 May 2023;

PCA means the Plumbing Code of Australia set out in Volume Three of the National Construction Code 2022, including any Victorian variations or additions set out in Schedule 10 to that Volume.

Statutory rule provision	Title of applied, adopted or incorporated document	Matter in applied, adopted or incorporated document
Regulation 4 of the amending regulations, which amends regulation 10A of the Building Regulations 2018	BCA Volume One	Performance requirement B1P1, deemed-to-satisfy clause B1D3 and Part G7 as modified by regulation 10A of the Building Regulations 2018
Regulation 5 of the amending regulations, which amends Form 2 in Schedule 4 to the Building Regulations 2018	BCA Volume Two	Clauses H8P1(a) and H8D2(2)
Regulation 6(1) of the amending regulations, which inserts new definition of AS 1851 into regulation 5 of the Plumbing Regulations 2018	AS 1851—2012 Routine service of fire protection systems and equipment, published by Standards Australia on 3 December 2012, as amended on 16 November 2016	The whole
Regulation 7(2) of the amending regulations, which amends regulation 9 of the Plumbing Regulations 2018	PCA	Clauses VIC B6D2 and VIC B7D4
Regulation 8 of the amending regulations, which inserts new Part 8A into the Plumbing Regulations 2018	BCA Volume Two 2019	Victorian variations to performance requirement P2.6.1 and clauses V2.6.1 and 3.12.0