Plumbers Licensing and Plumbing Standards Amendment Regulations (No. 2) 2016 (WA)

13 December 2016 GOVERNMENT GAZETTE, WA 5619

Standards Amendment Regulations (No. 2) 2016.

COMMERCE

Plumbers Licensing Act 1995

Plumbers Licensing and Plumbing Standards

Amendment Regulations (No. 2) 2016

Made by the Governor in Executive Council.

1.            Citation

These regulations are the Plumbers Licensing and Plumbing

5620 GOVERNMENT GAZETTE, WA 13 December 2016

2.            Commencement

These regulations come into operation as follows -

(a)	regulations 1 and 2—on the day on which these regulations are published in the Gazette;
(b)	the rest of the regulations - on the day after that day.

3.            Regulations amended

These regulations amend the Plumbers Licensing and Plumbing
Standards Regulations 2000.

4.            Regulation 3 amended

(1)	In regulation 3(1) delete the definition of alternative solution.
(2)	In regulation 3(1) insert in alphabetical order:

performance solution has the same meaning as
"Performance Solution (Alternative Solution)" in the
Plumbing Code Part Al;

5.            Regulation 9 amended

After regulation 9(2) insert:

(3) Subregulation (1) does not apply to an authorised

worker who carries Out permitted work in accordance
with Part 4A.

6.            Regulation 31 amended

In regulation 31(2)(c) after "pay" insert:

to the Board
7.	Part 4A inserted After regulation 34 insert:
Part 4A - Basic plumbing work in remote

Aboriginal communities

35.         Purpose of this Part

The purpose of this Part is to allow certain persons who have undertaken some relevant training to carry Out basic plumbing work in remote and inaccessible

13 December 2016 GOVERNMENT GAZETTE, WA 5621

Aboriginal communities even though they are not licensed plumbing contractors if—

(a) the plumbing work is required to prevent -

(i)     a risk to human health or safety; or

(ii)     a significant waste of water;

and

(b) a licensed plumbing contractor is reasonably unable to attend at the community in a timely manner to carry Out the plumbing work.

36.           Application of this Part

Nothing in this Part prevents a licensed plumbing contractor from carrying Out the plumbing work referred to in this Part.

37.           Terms used

In this Part—
authorised worker means a person who -

(a) is employed or otherwise engaged by a service provider to provide Aboriginal environmental health services to an eligible remote

community; and

(b) holds any of the following -

(i)     a Certificate II in Population Health;

(ii)     a Certificate II in Indigenous Environmental Health;

(iii)     a qualification approved by the Board as being equivalent to the qualifications in subparagraph (i) or (ii);

and

(c) has completed qualifying plumbing courses;

eligible remote community means an Aboriginal community listed on a website maintained by the Building Commissioner;

Health Department means the agency (as defined in
the Public Sector Management Act 1994 section 3(1))
principally assisting the Minister responsible for the
administration of the Health Legislation Administration

Act 1984;

permitted work means any of the following plumbing

work -

(a) replacing leaking tap washers, spindles, handles

and shower roses (except when additional
plumbing work is required);

5622 GOVERNMENT GAZETTE, WA 13 December 2016

(b)	replacing "P-Traps" and "S-Traps" in readily accessible locations, such as under sinks, basins or troughs;
(c)	replacing leaking hose taps and hose tap vacuum breakers;
(d)	replacing leaking cistern inlet and outlet washers and valves;
(e)	capping a burst water main, damaged waste pipe or sanitary drain for the purpose of preventing a risk to human health or safety or a significant waste of water;
(f)

replacing general covers (e.g. missing or grates and vent cowls);

(g)	clearing blocked waste pipes and drains by the use of plungers, flexible hand rods or hand-held water hoses only;
(h)	unblocking toilets, showers, basins, troughs, sinks and baths by the use of plungers, flexible hand rods or hand-held water hoses only;

(i)     other plumbing work approved by the Board;

qualifying plumbing courses means—

(a) in relation to a person who holds a Certificate II

in Population Health or an equivalent
qualification approved by the Board - all of
the following courses or any equivalent courses
approved by the Board -

(i) HLTPOP000 1:

Provide basic repairs fixtures;

(ii)	HLTPOP0002: Monitor and maintain sewage systems;
(iii)	HLTPOP0003: Monitor and maintain water supply;

or

(b) in relation to a person who holds a Certificate II

equivalent qualification approved by the

in Indigenous Environmental Health or an equivalent courses approved by the Board -

(i)

HLTPOP214D: Provide basic repairs fixtures;

(ii) HLTPOP216D: Monitor and maintain
septic on-site systems;

13 December 2016 GOVERNMENT GAZETTE, WA 5623

(iii)	HLTPOP217D: Monitor and maintain sewerage or effluent systems;
(iv)	HLTPOP218D: Monitor and maintain water supply;

service provider

means a person contracted by the environmental health services to an eligible remote community.

38. Authorised worker may carry out permitted work
without a licence or permit
An authorised worker may carry Out permitted work in
an eligible remote community without a licence or
permit as long as the work is carried out -

(a)	for the purpose of this Part as stated in regulation 35; and
(b)	under the direction and control of a service provider.

39.          Service provider's obligations

(1) A service provider must ensure that each of its

authorised workers only carries out permitted work for
the purpose of this Part as stated in regulation 35.

Penalty for this subsection: a fine of $1000.

(2) A service provider must keep records in the approved

form of all permitted work carried Out by each of its
authorised workers and must make those records

available for inspection by -

(a)	a plumbing compliance officer; or
(b)	a licensed plumbing contractor who reasonably requires a copy of the record to carry out

plumbing work.

Penalty for this subsection: a fine of $1000.

(3) A service provider must provide to each of its

authorised workers carrying out permitted work the
appropriate tools, equipment, personal protective
clothing and equipment, and occupational safety and
health training necessary to carry Out the work safely
and competently.
Penalty for this subsection: a fine of $1 000.

(4) A service provider must ensure that a person employed or otherwise engaged by it who would be an authorised worker on completion of qualifying plumbing courses

undertakes those courses at the service provider's
expense.
Penalty for this subsection: a fine of $1000.

5624 GOVERNMENT GAZETTE, WA 13 December 2016

39A. Enforcement

(1) Part 7 Division 2 applies to plumbing work carried Out
under this Part as if the relevant service provider -

(a)	had carried out, and was responsible for, the work; and
(b)	was a licensed plumbing contractor.

(2) If the Board has reasonable grounds to believe that a service provider has contravened or is contravening regulation 10 or 39, the Board may by written notice declare that the service provider is no longer a service

provider under this Part -

(a) for a period of up to 6 months: or

(b) indefinitely.

(3) The Board may, on application by a service provider

who is subject to a declaration under subregulation (2), revoke the declaration as from a date to be specified in a written notice to the service provider.

8.            Regulation 49 amended

(1) Delete regulation 49(3) and insert:

(3) For the purposes of regulation 48, the modifications set

Out in the Table are made to ASINZS 3500.4 (Heated water services) as referenced in the Plumbing Code.

Table

Provision Modification

Clause 1.9.2 After "installations" insert:

and replacement solar water

heater installations

Table 5.9.1(A)	In the item relating to Expansion control valve (Australia) in the 3rd and 4th columns delete "See Note I of Clause 5.8" and insert:
Yes

13 December 2016 GOVERNMENT GAZETTE, WA 5625

(2) In regulation 49(4) in the Table after the 2nd row insert:

Clause 3.2.2	After "installations" insert:
and replacement solar water heater installations

(3)	After regulation 49(4) insert:
(5) Unless sooner repealed, the following provisions expire on! May 2019-

(a)	the item relating to Clause 1.9.2 in the Table to subregulation (3);
(b)	the item relating to Clause 3.2.2 in the Table to subregulation (4).

9.            Regulation 52 amended

In regulation 52(2) delete "Subreguation" and insert:

Subregulation

10.          Regulation 53 amended

In regulation 53(2):

(a) delete "3500.2:2003" and insert:

3500.2

(b) delete "11.20." and insert:

13.20.

11. Regulation 75 amended
In regulation 75(3) in the Table in the 3rd row 1st column delete
"25," and insert:

25, 39,

5626 GOVERNMENT GAZETTE, WA 13 December 2016

12.          Regulation 82 amended

In regulation 82 in the definition of compliance purposes delete
"Part 3," (each occurrence) and insert:

Part 3,4A,

13.          Regulation 89 amended

After regulation 89(4) insert:

(5) For the purposes of subregulation (3), plumbing work under Part 4A is taken to have been carried Out by the relevant service provider.
14.	Regulation 100 amended After regulation 100(1)(e) insert:

(ea) to make a declaration under regulation 39A(2);

or

(eb) to refuse to revoke a declaration under

regulation 39A(3); or

15.           Various references to "alternative solution" amended

In the provisions listed in the Table delete "alternative solution"
(each occurrence) and insert:

performance solution 

Fable

r. 40	Pt. 5 Div. 3i\ headin?.
r. 45A(1)	r. 4513(1)
r. 45C(1) and (2)	r. 71(1)(b)(ii)
Sch. 1 cI. lit. 16í\ and 16B

Note: The headings to the amended regulations listed in the Table are to

read as set out in the Table.

Table

Amended	Regulation heading
regulation

r. 45A Notice of intention to include performance
solution

13 December 2016 GOVERNMENT GAZETTE, WA 5627

Amended	Regulation heading
regulation

r. 45B	Certificate of compliance for performance solution
r. 45C	Non-completion of plumbing work including performance solution

K. H. ANDREWS, Clerk of the Executive Council.