Commerce Regulations Amendment (Plumbing) Regulations 2024 (WA)
Western Australia
Building Services (Complaint Resolution and Administration) Act 2011 Plumbers Licensing Act 1995
Western Australia
Building Services (Complaint Resolution and Administration) Act 2011 Plumbers Licensing Act 1995
Made by the Governor in Executive Council.
These regulations are the
These regulations come into operation as follows —
(a) Part 1 — on the day on which these regulations are published on the WA legislation website (
publication day );(b) Part 2 Division 3 — immediately after the
Plumbers Licensing and Plumbing Standards Amendment Regulations 2022 Part 4 comes into operation;(c) Part 2 Division 4 — on the day after the period of 12 months beginning on the day after publication day;
(d) the rest of the regulations — on the day after publication day.
This Part amends the
(1) In regulation 3(1) delete the definitions of:
(2) In regulation 3(1) insert in alphabetical order:
(a) means a system for the supply of water that is not a water supply service of a water services provider; and
(b) includes —
(i) a system by which an exempted provider supplies water; and
(ii) a private rainwater storage, bore or recycled water supply system; and
(iii) a water tank supplied with carted water;
(a) a Class 1a or 4 building; or
(b) a sole‑occupancy unit (as defined in the Plumbing Code Schedule 1) in a Class 2 building; or
(c) a Class 10a building that is for the use of a resident of a Class 1a building;
(a) means the testing, maintenance, repair or replacement of existing —
(i) water supply plumbing; or
(ii) sanitary plumbing; or
(iii) drainage plumbing;
but
(b) does not include the replacement of a water heater or testable backflow prevention device;
(a) the plumbing standards; and
(b) AS/NZS 2845.3 (Water supply — Backflow prevention devices — Field testing and maintenance of testable devices); and
(c) AS 4032.3 (Water supply — Valves for the control of heated water supply temperatures — Requirements for field‑testing, maintenance or replacement of thermostatic mixing valves, tempering valves and end‑of‑line temperature control devices);
(a) in relation to a licensed plumbing contractor — has the meaning given in regulation 13(3); or
(b) in relation to the holder of a tradesperson’s licence — has the meaning given in regulation 13A(3); or
(c) in relation to the holder of a tradesperson’s licence (drainage plumbing) — has the meaning given in regulation 13B(3);
(a) a water supply service of a water services provider; or
(b) an alternative water supply system;
(3) In regulation 3(1) in the definition of
AS/NZS delete “designation consisting of a number and a year,” and insert:
designation,
(4) In regulation 3(1) in the definition of
drainage plumbing work delete “regulation 4;” and insert:
regulation 4B;
(5) In regulation 3(1) in the definition of
emergency plumbing work :(a) in paragraph (b) delete “sewerage” and insert:
sewage
(b) in paragraph (c) delete “sewerage; or” and insert:
sewage; or
(c) in paragraph (e) delete “dwelling” and insert:
building
(d) in paragraph (e) delete “hot” and insert:
heated
(6) In regulation 3(1) in the definition of
licence delete the passage that begins with “plumbing), provisional” and ends with “plumbing);” and insert:
plumbing) or provisional tradesperson’s licence;
(7) In regulation 3(1) in the definition of
pipe delete “and fixtures”.(8) In regulation 3(1) in the definition of
plumbing contractor’s licence delete “regulation 12;” and insert:
regulations 12 and 13;
(9) In regulation 3(1) in the definition of
provisional tradesperson’s licence delete “regulation 13AA;” and insert:
regulation 13C;
(10) In regulation 3(1) in the definition of
restricted plumbing permit delete “regulation 13A;” and insert:
regulation 13D;
(11) In regulation 3(1) in the definition of
sanitary plumbing work delete “regulation 4;” and insert:
regulation 4A;
(12) In regulation 3(1) in the definition of
tradesperson’s licence delete “regulation 13(1);” and insert:
regulation 13A;
(13) In regulation 3(1) in the definition of
tradesperson’s licence (drainage plumbing) delete “regulation 13(2);” and insert:
regulation 13B;
After regulation 3 insert:
(1) An
apprentice is a person who is an apprentice under a training contract, registered under theVocational Education and Training Act 1996 Part 7 Division 2, for the purpose of obtaining a Certificate III in Plumbing or Certificate II in Drainage.(2) If the person completes their training contract they are taken to continue to be an
apprentice until —(a) if, during the period of 2 months beginning on the day on which the person completes their training contract, the Board accepts an application by the person for a tradesperson’s licence or tradesperson’s licence (drainage plumbing) under regulation 15 — the day on which the Board issues or refuses to issue the licence under regulation 17; or
(b) otherwise — the end of the period of 2 months beginning on the day on which the person completes their training contract.
6. Regulation 4 amended
Delete regulation 4(1)(b) and (c).
Note: The heading to amended regulation 4 is to read:
At the end of Part 1 insert:
(1) For the purposes of section 59I of the Act,
sanitary plumbing work is the installation, replacement, alteration, connection, disconnection, ventilation, repair, testing, commissioning or maintenance of pipes, materials, fixtures or components used or intended to be used to collect and convey wastewater or other waste to —(a) drainage plumbing; or
(b) an apparatus for the treatment of sewage; or
(c) a greywater diversion device or treatment system.
(2) Despite subregulation (1),
sanitary plumbing work does not include the following —(a) drainage plumbing work;
(b) exempt work;
(c) work in relation to an apparatus for the treatment of trade waste.
(1) For the purposes of section 59I of the Act,
drainage plumbing work is the installation, replacement, alteration, connection, disconnection, ventilation, repair, testing, commissioning or maintenance of pipes, materials or components that are —(a) below ground level; and
(b) used or intended to be used to convey wastewater or other waste to —
(i) a sewerage system; or
(ii) an apparatus for the treatment of sewage; or
(iii) a greywater diversion device or treatment system.
(2) Despite subregulation (1),
drainage plumbing work does not include the following —(a) work in relation to a pipe with a nominal diameter of less than 65 mm;
(b) exempt work;
(c) work in relation to an apparatus for the treatment of trade waste.
8. Regulation 9 amended (1) Delete regulation 9(2)(a) and (b) and insert:
(a) a licensed plumbing contractor for whom the work is contractor‑level work; or
(b) either of the following persons working under the general direction and control of a licensed plumbing contractor for whom the work is contractor‑level work —
(i) a licensed plumbing contractor for whom the work is trade‑level work;
(ii) a tradesperson for whom the work is trade‑level work.
(2) After regulation 9(3) insert:
(4) Subregulation (1) does not apply to an owner or occupier of a dwelling, or a person acting without remuneration on behalf of the owner or occupier, who carries out any of the following plumbing work in relation to the dwelling —
(a) maintenance, repair or replacement of a shower head;
(b) maintenance or repair of a tap, other than a thermostatic mixing tap;
(c) replacement of a cistern washer;
(d) replacement of a water filter cartridge;
(e) clearance of a blocked toilet, shower, basin, trough, sink, bath or waste pipe using a plunger.
9. Regulation 11 amended
Delete regulation 11(db).
Delete regulations 12 to 13A and insert:
(1) A plumbing contractor’s licence authorises the holder to —
(a) carry out the plumbing work that the licence specifies is contractor‑level authorised work; and
(b) exercise general direction and control over the carrying out of, or supervision of the carrying out of, the specified plumbing work by a tradesperson, or another licensed plumbing contractor, for whom the work is trade‑level work; and
(c) supervise the carrying out of the specified plumbing work by —
(i) an apprentice; or
(ii) a pre‑apprentice; or
(iii) the holder of a provisional tradesperson’s licence.
(2) Plumbing work that a licensed plumbing contractor is authorised under subregulation (1) to carry out, exercise general direction and control over the carrying out of or supervision of the carrying out of, or supervise the carrying out of, is
contractor‑level work for the contractor.
(1) A plumbing contractor’s licence authorises the holder to —
(a) carry out the plumbing work that the licence specifies is trade‑level authorised work; and
(b) supervise the carrying out of the specified plumbing work by —
(i) an apprentice; or
(ii) a pre‑apprentice; or
(iii) the holder of a provisional tradesperson’s licence.
(2) However, the holder of a plumbing contractor’s licence is only authorised to carry out, or supervise the carrying out of, the work referred to in subregulation (1) under the general direction and control of a licensed plumbing contractor for whom the work is contractor‑level work.
(3) Plumbing work that a licensed plumbing contractor is authorised under subregulation (1) to carry out, or supervise the carrying out of, is
trade‑level work for the contractor.
(1) A tradesperson’s licence authorises the holder to —
(a) carry out plumbing work; and
(b) supervise the carrying out of plumbing work by —
(i) an apprentice; or
(ii) a pre‑apprentice; or
(iii) the holder of a provisional tradesperson’s licence.
(2) However, the holder of a tradesperson’s licence is only authorised to carry out, or supervise the carrying out of, the work referred to in subregulation (1) under the general direction and control of a licensed plumbing contractor for whom the work is contractor‑level work.
(3) Plumbing work that a tradesperson is authorised under subregulation (1) to carry out, or supervise the carrying out of, is
trade‑level work for the tradesperson.
(1) A tradesperson’s licence (drainage plumbing) authorises the holder to —
(a) carry out drainage plumbing work; and
(b) supervise the carrying out of drainage plumbing work by —
(i) an apprentice; or
(ii) a pre‑apprentice; or
(iii) the holder of a provisional tradesperson’s licence.
(2) However, the holder of a tradesperson’s licence (drainage plumbing) is only authorised to carry out, or supervise the carrying out of, the work referred to in subregulation (1) under the general direction and control of a licensed plumbing contractor for whom the work is contractor‑level work.
(3) Plumbing work that a tradesperson is authorised under subregulation (1) to carry out, or supervise the carrying out of, is
trade‑level work for the tradesperson.
A provisional tradesperson’s licence authorises the holder to carry out plumbing work under the supervision of —
(a) a licensed plumbing contractor for whom the work is contractor‑level work; or
(b) either of the following persons working under the general direction and control of a licensed plumbing contractor for whom the work is contractor‑level work —
(i) a licensed plumbing contractor for whom the work is trade‑level work;
(ii) a tradesperson for whom the work is trade‑level work.
(1) In this regulation —
(2) A restricted plumbing permit authorises the holder to disconnect, remove, install and connect the following in the course of removing or replacing a water heater —
(a) a compression fitting;
(b) a temperature‑pressure relief valve;
(c) an expansion control valve;
(d) an isolating valve;
(e) if the water heater is installed with a flexible hose assembly — the flexible hose assembly.
(3) A restricted plumbing permit does not authorise the holder to carry out the work referred to in subregulation (2) if —
(a) a change to the existing pipes or pipe configuration is required; or
(b) the existing pipes are not in safe and proper working order; or
(c) the temperature‑pressure relief valve overflow pipe does not comply with the plumbing standards.
(4) The holder of a restricted plumbing permit who is not authorised to carry out plumbing work must inform the person for whom the work would otherwise be done —
(a) of the reasons why the holder is unable to perform the work; and
(b) that a licensed plumbing contractor should be engaged to perform the work.
Penalty for this subregulation: a fine of $2 000.
The Board may set or specify a course to assess the skills and knowledge necessary to safely and effectively carry out water supply plumbing work that is for the supply of water from a rainwater storage system to a building.
(1) In regulation 20(1) delete “subregulations (2), (3) and (4),” and insert:
subregulations (2) and (3),
(2) In regulation 20(2) delete “or a provisional tradesperson’s licence (drainage plumbing)”.
(3) Delete regulation 20(4).
(4) In regulation 20(5):
(a) delete “subregulations (3) and (4)” and insert:
subregulation (3)
(b) delete “or provisional tradesperson’s licence (drainage plumbing)”.
12. Regulation 20A amended (1) Delete regulation 20A(1A) and insert:
(1A) In this regulation —
(2) In regulation 20A(6) delete “plumbing), a provisional tradesperson’s licence and provisional tradesperson’s licence (drainage plumbing)” and insert:
plumbing) and a provisional tradesperson’s licence
(1) In regulation 21(1)(a) and (2)(a) delete “licence or a provisional tradesperson’s licence (drainage plumbing) —” and insert:
licence —
(2) In regulation 21(3):
(a) in paragraph (a) delete “to be”;
(b) delete paragraph (a)(i) to (iv) and insert:
(i) the Board notifies the applicant of its refusal to accept the application;
(ii) the applicant withdraws the application;
(iii) the Board notifies the applicant of its renewal of, or refusal to renew, the licence or permit;
(iv) the State Administrative Tribunal notifies the applicant that the licence or permit is suspended or cancelled;
(c) in paragraph (b) delete “to be”.
(3) In regulation 21(4)(b) delete “his or her” and insert:
the
Delete regulation 25 and insert:
(1) In this regulation —
(a) means to hold out or imply; and
(b) includes to advertise.
(2) A licensed plumbing contractor or permit holder must ensure that the number of the licence or permit appears in any advertisement relating to the business for which the licence or permit is, or is intended to be, used.
Penalty for this subregulation: a fine of $2 000.
(3) A person who does not hold a licence or permit must not represent that they hold the licence or permit.
Penalty for this subregulation: a fine of $5 000.
(4) A person who is not authorised to carry out plumbing work of a particular kind or in particular circumstances must not represent that they are authorised to carry out the work.
Penalty for this subregulation: a fine of $5 000.
(5) It is a defence to a charge of an offence under subregulation (3) or (4) to prove that the person —
(a) made the representation as part of a representation in relation to work of which the plumbing work is only a part; and
(b) had arrangements in place to ensure that the plumbing work would be carried out by a person authorised to carry out the plumbing work.
15. Regulation 25B amended (1) Delete regulation 25B(1) and insert:
(1) A licensed plumbing contractor (the
primary contractor ) must keep a record of —(a) each licensed plumbing contractor or tradesperson who carries out, or supervises the carrying out of, plumbing work under the primary contractor’s general direction and control; and
(b) each apprentice, pre‑apprentice or holder of a provisional tradesperson’s licence who carries out plumbing work under the supervision of —
(i) the primary contractor; or
(ii) a licensed plumbing contractor or tradesperson who supervises the carrying out of the work under the primary contractor’s general direction and control.
Penalty for this subregulation: a fine of $5 000.
(2) In regulation 25B(2):
(a) delete “A record required by subregulation (1)” and insert:
The record
(b) delete paragraph (a) and insert:
(a) the full name of the licensee, apprentice or pre‑apprentice; and
(c) in paragraph (d) delete “carrying out of the work.” and insert:
carrying out, or supervision of the carrying out, of the work; and
(d) after paragraph (d) insert:
(e) details of any training undertaken by that person during that period that relates to plumbing work.
(3) Delete regulation 25B(3) and insert:
(3) The primary contractor must keep the record at the primary contractor’s principal place of business.
Penalty for this subregulation: a fine of $5 000.
(4) In regulation 25B(4) delete “A person required by subregulation (1) to keep a record” and insert:
The primary contractor
(5) In regulation 25B(5) delete “A person who has a record required by subregulation (1)” and insert:
The primary contractor
Note: The heading to amended regulation 25B is to read:
Delete regulation 26B(4).
Note: The heading to amended regulation 26B is to read:
(1) In regulation 27(d) delete “his or her” and insert:
their
(2) Delete regulation 27(h) to (k) and insert:
(h) the licensed plumbing contractor has failed to —
(i) properly exercise general direction and control over the carrying out of, or supervision of the carrying out of, plumbing work over which the contractor was ostensibly exercising general direction and control; or
(ii) properly supervise the carrying out of plumbing work that the contractor was ostensibly supervising;
(i) the tradesperson has failed to properly supervise the carrying out of plumbing work that the tradesperson was ostensibly supervising;
(j) the licensed plumbing contractor or tradesperson for whom plumbing work is trade‑level work has carried out, or supervised the carrying out of, the work while not under the general direction and control of a licensed plumbing contractor for whom the work is contractor‑level work;
(k) the holder of a provisional tradesperson’s licence has carried out plumbing work while not under the supervision of —
(i) a licensed plumbing contractor for whom the work is contractor‑level work or trade‑level work; or
(ii) a tradesperson for whom the work is trade‑level work;
18. Regulation 31 amended
After regulation 31(5) insert:
(6) The Board may recover an amount that is unpaid under an order made under subregulation (2)(c) in a court of competent jurisdiction as a debt due to the Board.
(1) In regulation 37 delete the definition of
qualifying plumbing courses .(2) In regulation 37 insert in alphabetical order:
(a) HLTPOP025: Provide basic repairs and maintenance to health hardware and fixtures;
(b) HLTPOP026: Monitor and maintain sewage or effluent systems;
(c) HLTPOP027: Monitor and maintain water supply;
(3) In regulation 37 in the definition of
authorised worker delete paragraphs (b) and (c) and insert:(b) holds a qualification at Certificate II level or above under the Australian Qualifications Framework in any of the following subject areas, or an equivalent qualification approved by the Board —
(i) environmental health;
(ii) Indigenous environmental health;
(iii) population health;
(iv) public health;
(v) preventative health;
and
(c) has completed all of the qualifying plumbing units;
(4) In regulation 37 in the definition of
permitted work :(a) delete paragraph (a) and insert:
(a) replacing or repairing shower heads;
(aa) replacing domestic water filter cartridges;
(ab) maintaining or repairing a tap, other than a thermostatic mixing tap;
(b) delete paragraphs (c) and (d) and insert:
(c) replacing leaking hose taps, hose connection vacuum breakers, cistern stop taps and flexible hose assemblies;
(d) replacing leaking cistern washers, valves and flush pipe connectors;
(c) in paragraphs (g) and (h) delete “plungers, flexible hand rods or hand‑held water hoses only;” and insert:
plungers or flexible hand rods;
(1) Delete regulation 39(2) and insert:
(2) A service provider must keep a register in the approved form of all of its authorised workers, recording for each authorised worker the following information —
(a) the authorised worker’s full name;
(b) each period during which the authorised worker is employed or otherwise engaged by the service provider;
(c) the qualification referred to in paragraph (b) of the definition of
authorised worker in regulation 37 that the authorised worker holds and the date on which the qualification was obtained;(d) the qualifying plumbing units that the authorised worker has completed and the date on which each unit was completed.
Penalty for this subregulation: a fine of $1 000.
(2A) The information referred to in subregulation (2) must be retained on the register for at least 6 years after the day on which the authorised worker ceases to be employed or engaged by the service provider.
(2B) A service provider must keep a record in the approved form of permitted work carried out by each of its authorised workers.
Penalty for this subregulation: a fine of $1 000.
(2C) A record referred to in subregulation (2B) must be retained for at least 6 years after the day on which the permitted work is completed.
(2D) A service provider must, on request, make the register referred to in subregulation (2) or a record referred to in subregulation (2B) available for inspection by —
(a) in any case — a plumbing compliance officer; or
(b) in the case of a record — a licensed plumbing contractor who reasonably requires a copy of the record to carry out plumbing work.
Penalty for this subregulation: a fine of $1 000.
(2) In regulation 39(4) delete “qualifying plumbing courses undertakes those courses” and insert:
the qualifying plumbing units undertakes those units
(1) Delete regulation 42(1)(b) and insert:
(b) give a copy of the certificate to —
(i) if the work relates to building work carried out under a building permit — the person named as the builder on the building permit; or
(ii) otherwise — the owner or occupier of the place where the work was carried out;
and
(2) In regulation 42(6) delete “his or her” and insert:
their
In regulation 45A(3)(b) before “lodgment” insert:
applicable
Delete regulation 45B(1)(b) and insert:
(b) give a copy of the certificate to —
(i) if the work relates to building work carried out under a building permit — the person named as the builder on the building permit; or
(ii) otherwise — the owner or occupier of the place where the work was carried out;
and
Delete regulation 45D(2) and insert:
(2) Drainage plumbing work for which a diagram must be given is drainage plumbing work that involves the installation or alteration of pipes, materials or components that, once in place, are not readily accessible.
(1) In regulation 45DA(1) delete:
(2) In regulation 42DA(1) insert in alphabetical order:
(3) In regulation 45DA(2) delete “sanitary drainage” (each occurrence) and insert:
drainage plumbing
Note: The heading to amended regulation 45DA is to read:
After regulation 45E(3) insert:
(4) Subregulations (2) and (3) do not apply to an application made by —
(a) a sewerage service licensee; or
(b) a local government listed in the Class Exemption for Small Local Government Sewerage and/or Non‑Potable Water Services Providers published in the
Gazette on 1 July 2022 at p. 4039‑40.
(5) In subregulation (4)(a) —
In regulation 48(2)(a)(ii) delete “B3, B4”.
(1) In regulation 51(1) delete “sewerage,” and insert:
sewage,
(2) In regulation 51(2) delete “he or she” and insert:
they
In regulation 52(1) delete “fixture or fitting” (each occurrence) and insert:
material, fixture or component
Delete regulation 53.
(1) In regulation 55 delete the definitions of:
(2) In regulation 55 insert in alphabetical order:
(1) In regulation 56(2):
(a) delete “sanitary drainage” (1
st and 2nd occurrences) and insert:
drainage plumbing
(b) in paragraph (a)(iii) delete “a sanitary drainage system” and insert:
drainage plumbing
(c) in paragraph (b) delete “sanitary drainage” (each occurrence) and insert:
drainage plumbing
(2) In regulation 56(3) delete “service” (each occurrence) and insert:
supply plumbing
(1) Delete regulation 57(3)(b) and insert:
(b) installed within the main boundary of the subdivided land.
(2) After regulation 57(3) insert:
(3A) Despite subregulation (3)(b), a drainage plumbing service line that cannot be connected to a sewerage system, apparatus for the treatment of sewage or greywater diversion device or treatment system within the main boundary may be installed outside the main boundary to the extent necessary to connect the service line to the sewerage system, apparatus for the treatment of sewage or greywater diversion device or treatment system.
In regulation 67(2) in the definition of
Note: The heading to amended regulation 67 is to read:
(1) In regulation 71(1)(c) delete “fixture or fitting” (each occurrence) and insert:
material, fixture or component
(2) In regulation 71(6) delete “to the owner of the place where the plumbing work was carried out.” and insert:
to —
(a) if the plumbing work relates to building work carried out under a building permit — the person named as the builder on the building permit; or
(b) otherwise — the owner of the place where the plumbing work was carried out.
In regulation 72(5):
(a) in paragraph (b) delete “sewerage” and insert:
sewage
(b) in paragraph (c) delete “sewerage;” and insert:
sewage;
Note: The heading to amended regulation 72 is to read:
In regulation 75(3) in the Table:
(a) delete “25, 39,” and insert:
25(2), 39(1), (2), (2B), (2D), (3) or (4),
(b) before “45D(1)” insert:
25(3) or (4),
Note: The heading to amended regulation 75 is to read:
In regulation 102(5) delete “private address and telephone details” and insert:
address, telephone or email address information
Note: The heading to amended regulation 102 is to read:
Delete regulation 103(b) and insert:
(b) the full name of the licensee or permit holder;
(ba) the licensee or permit holder’s residential or business address, telephone number and email address;
Note: The heading to amended regulation 103 is to read:
In regulation 105 delete “address or telephone number as registered under regulation 103(b)” and insert:
name, address, telephone number or email address recorded on the register under regulation 103(b) or (ba)
Note: The heading to amended regulation 105 is to read:
(1) In regulation 109 delete “For” and insert:
(1) For
(2) At the end of regulation 109 insert:
(2) For the purposes of section 60B(2)(d) of the Act, a plumbing compliance officer may disclose information obtained in the course of duty to a relevant person for the purpose of assisting the relevant person to carry out a function under —
(a) the
Building Services (Complaint Resolution and Administration) Act 2011 ; or(b) the
Electricity Act 1945 ; or(c) the
Energy Coordination Act 1994 ; or(d) the
Gas Standards Act 1972 ; or(e) the
Water Efficiency Labelling and Standards Act 2006 .
(3) In subregulation (2) —
(a) the Building Commissioner designated under the
Building Services (Complaint Resolution and Administration) Act 2011 section 85(1); or(b) the Director of Energy Safety referred to in the
Energy Coordination Act 1994 section 5; or(c) a person designated as an inspector under the
Energy Coordination Act 1994 section 12(2); or(d) a WELS inspector appointed under the
Water Efficiency Labelling and Standards Act 2006 section 45(1).(4) For the purposes of section 60B(2)(d) of the Act, information obtained in the course of duty may be recorded, disclosed or used for the purposes of education or training if the information could not reasonably be expected to enable particulars relating to any person or business to be ascertained.
Note: The heading to amended regulation 109 is to read:
After regulation 109 insert:
(1) The Board may, on the application of a person who has paid a fee under these regulations, refund all or part of the fee if the Board considers it appropriate to do so.
(2) The Board may require the applicant to provide any information that the Board considers necessary for the purposes of determining the application.
Before regulation 110 insert:
After regulation 112 insert:
(1) In this regulation —
(2) Despite regulation 4A, sanitary plumbing work that commenced before commencement day is taken not to be sanitary plumbing work for the purposes of these regulations if, when the work commenced, it was not sanitary plumbing work under former regulation 4.
(3) Despite regulation 4B, drainage plumbing work that commenced before commencement day is taken not to be drainage plumbing work for the purposes of these regulations if, when the work commenced, it was not drainage plumbing work under former regulation 4.
(4) Despite anything to the contrary in regulation 3(1), plumbing work that commenced before commencement day is taken to be major plumbing work for the purposes of these regulations if, when the work commenced, it was major plumbing work under former regulation 3(1).
(5) Despite anything to the contrary in regulation 3(1), plumbing work that commenced before commencement day is taken to be minor plumbing work for the purposes of these regulations if, when the work commenced, it was minor plumbing work under former regulation 3(1).
In Schedule 1 Division 1 items 3, 7 and 11 delete “or provisional tradesperson’s licence (drainage plumbing)”.
In Schedule 1 Division 2:
(a) in item 3 after “solution” insert:
in relation to a building that is not a Class 1 or Class 10 building
(b) after item 3 insert:
3A. | Lodgment fee for notice of intention to carry out work that includes performance solution in relation to a Class 1 or Class 10 building (r. 45A(3)) | 270.00 |
Delete the reference after the heading to Schedule 3 and insert:
[r. 17(1)(b), 20(3) and 20A(4)]
In Schedule 3 clause 2:
(a) in paragraph (a) delete “licence; and” and insert:
licence or tradesperson’s licence (drainage plumbing); and
(b) in paragraph (b)(ii) delete “Western”.
In Schedule 3 clause 3:
(a) in paragraph (a)(ii) delete “Western Australian qualification” and insert:
Australian qualification, and equivalent practical experience,
(b) in paragraph (b)(i) delete “Plumbing (Migrant Gap Training); or” and insert:
Plumbing; or
(c) in paragraph (b)(ii) delete “Western”.
Delete Schedule 3 clause 4 and insert:
The requirements for a tradesperson’s licence (drainage plumbing) are that the applicant holds —
(a) a Certificate II in Drainage attained by fulfilling the obligations of an apprentice under a training contract, as those terms are defined in the
Vocational Education and Training Act 1996 section 60A; or(b) an equivalent Australian qualification, and equivalent practical experience, as determined by the Board.
(1) Delete Schedule 3 clause 5(1).
(2) In Schedule 3 clause 5(2):
(a) in paragraph (a) after “issued by the” insert:
Commonwealth
(b) in paragraph (b) delete “Western”.
52. Schedule 3 clause 6 deleted
Delete Schedule 3 clause 6.
(1) Delete Schedule 3 clause 7(1).
(2) In Schedule 3 clause 7(2)(a):
(a) delete subparagraph (i) and insert:
(i) a statement of attainment for the unit of competency CPCPWT3022 — Install and commission water heating systems and adjust controls and devices; or
(b) in subparagraph (ii) delete “Western”.
Division 3 – Amendments commencing immediately after Plumbers Licensing and Plumbing Standards Amendment Regulations 2022 Part 4 commences on 1 May 2024
In regulation 48(2)(a)(ii) delete “B2D4),” and insert:
B2D4)
In regulation 49(1) in the Table delete “basin)” and insert:
basin in a Class 1, 2, 4, 5, 6, 7, 8 or 10 building)
(1) In regulation 3(1) delete the definition of
restricted plumbing permit .(2) In regulation 3(1) insert in alphabetical order:
(a) are water supply plumbing or sanitary plumbing; and
(b) are designed to be connected to water supply plumbing, sanitary plumbing or drainage plumbing that is not in the module or building;
(a) having that designation; and
(b) published by, or on behalf of, the Australian Building Codes Board;
Delete regulation 4 and insert:
(1) In this regulation —
(2) For the purposes of section 59I of the Act,
water supply plumbing work is the installation, replacement, alteration, connection, disconnection, repair, testing, commissioning or maintenance of pipes, materials or components used or intended to be used for the supply of water from a water supply system to a point of discharge.(3) Despite subregulation (2),
water supply plumbing work does not include the following —(a) exempt work;
(b) the installation or replacement of a meter if the meter is owned and operated by a water services provider or exempted provider and the installation or replacement can be done without the need to carry out work on the pipes associated with the meter;
(c) work in relation to the internal components of a water heater;
(d) work that —
(i) involves a product certified under WaterMark Technical Specification WMTS‑050; and
(ii) would, but for this paragraph, be modular plumbing work.
58. Regulation 4A amended
In regulation 4A(2):
(a) in paragraph (c) delete “waste.” and insert:
waste;
(b) after paragraph (c) insert:
(d) work that —
(i) involves a product certified under WaterMark Technical Specification WMTS‑050; and
(ii) would, but for this paragraph, be modular plumbing work.
59. Regulation 9 amended
After regulation 9(4) insert:
(5) Subregulation (1) does not apply to a person who carries out the replacement of a water pump that supplies water to a place if —
(a) the person who carries out the replacement is —
(i) an owner or occupier of the place; or
(ii) a person acting without remuneration on behalf of an owner or occupier of the place;
and
(b) water is not supplied to the place by a water supply service of a water services provider.
60. Regulation 11 amended
Delete regulation 11(d) and insert:
(d) a restricted plumbing permit (water heater); and
(e) a restricted plumbing permit (rainwater storage).
In regulation 13D(2), (3) and (4) after “restricted plumbing permit” insert:
(water heater)
Note: The heading to amended regulation 13D is to read:
Delete regulation 13E and insert:
(1) A restricted plumbing permit (rainwater storage) authorises the holder to carry out water supply plumbing work that is for the supply of water from a rainwater storage system to a building.
(2) A restricted plumbing permit (rainwater storage) does not authorise the holder to carry out the work referred to in subregulation (1) within a building.
(3) The Board may set or specify a course to assess the skills and knowledge necessary to safely and effectively carry out water supply plumbing work that is for the supply of water from a rainwater storage system to a building.
Note for this regulation:
An application for issue of a restricted plumbing permit (rainwater storage) must be made within 12 months of the day on which the
After regulation 42(1)(b)(i) insert:
(ia) if the work is modular plumbing work — the person with control of the plumbing module at the time the contractor completes the work; or
After regulation 45B(1)(b)(i) insert:
(ia) if the work is modular plumbing work — the person with control of the plumbing module at the time the contractor completes the work; or
In regulation 48(2)(a)(ii) delete “B2D4) and B5;” and insert:
B2D4), B3, B5 and B6;
After regulation 71(6)(a) insert:
(aa) if the plumbing work is modular plumbing work — the person with control of the plumbing module; or
At the end of Part 9 insert:
(1) In this regulation —
(2) Despite regulation 4, water supply plumbing work that commenced before commencement day is taken not to be water supply plumbing work for the purposes of these regulations if, when the work commenced, it was not water supply plumbing work under former regulation 4.
(1) In this regulation —
(2) This regulation applies in relation to a person who, if they were an applicant for a restricted plumbing permit (rainwater storage) under regulation 15, would meet the requirements set out in Schedule 3 clause 8(2)(b) to (d).
(3) Despite regulation 9(1), the person may, without a licence or permit, carry out work that would be authorised under a restricted plumbing permit (rainwater storage) during the period —
(a) beginning on commencement day; and
(b) ending —
(i) if, during the period of 4 months beginning on commencement day, the Board accepts an application by the person for a restricted plumbing permit (rainwater storage) under regulation 15 — on the day on which the Board issues or refuses to issue the permit under regulation 17; or
(ii) otherwise — on the day after the period of 4 months beginning on commencement day.
68. Schedule 1 Division 1 amended
In Schedule 1 Division 1:
(a) in item 4 after “permit” insert:
(water heater)
(b) after item 4 insert:
4A. | Application for restricted plumbing permit (rainwater storage) (r. 15) | Nil |
(c) in item 8 after “permit” insert:
(water heater)
(d) after item 8 insert:
8A. | Issue of restricted plumbing permit (rainwater storage) (r. 17) | Nil |
(e) in item 12 after “permit” insert:
(water heater)
(f) after item 12 insert:
12A. | Renewal of restricted plumbing permit (rainwater storage) (r. 19A) | Nil |
In Schedule 3 clause 7(2) after “restricted plumbing permit” insert:
(water heater)
Note: The heading to amended Schedule 3 clause 7 is to read:
At the end of Schedule 3 insert:
(1) In this clause —
(2) The requirements for a restricted plumbing permit (rainwater storage) are that —
(a) the application for the issue of the permit is made before the end of the 12‑month period beginning on commencement day; and
(b) the applicant does not hold a licence; and
(c) in the 5‑year period ending on commencement day, the applicant carried out work of the kind described in regulation 13E(1) on an ongoing basis (whether or not for the full 5‑year period); and
(d) while carrying out the work, the applicant did not hold a licence; and
(e) if the Board sets or specifies a course under regulation 13E — the applicant successfully completes the course.
(3) For the purposes of regulation 20A(4), subclause (2)(a) does not apply.
This Part amends the
After regulation 4 insert:
The
K. COLLERAN, Clerk of the Executive Council
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