S. 3(1) def. of Authority inserted by No. 34/2013 s. 3(a). Authority means the Victorian Building Authority established under section 193; building includes structure, temporary building, temporary structure and any part of a building or structure; S. 3(1) def. of Building account inserted by No. 15/2016 s. 16(3). Building account means the Building account of the Victorian Building Authority Fund under Part 12; Building Advisory Council means the Building Advisory Council under Part 12; Building Appeals Board means the Building Appeals Board under Part 10; S. 3(1) def. of Building Code of Australia inserted by No. 34/1997 s. 4, amended by No. 66/2004 s. 3(2), substituted by No. 5/2011 s. 3(2). Building Code of Australia means the Building Code of Australia comprising— (a) Volume One of the National Construction Code Series including any variations or additions in the Appendix Victoria set out in the Appendices to that Volume; and (b) Volume Two of the National Construction Code Series including any Victoria additions set out in Appendix A of that Volume; S. 3(1) def. of Building Practitioners Board repealed by No. 15/2016 s. 16(1). * * * * *
S. 3(1) def. of code of conduct inserted by No. 15/2016 s. 16(4). code of conduct means a code of conduct for building practitioners approved under Division 2 of Part 11; S. 3(1) def. of Commission amended by No. 68/2001 s. 3(1)(a), repealed by No. 34/2013 s. 17(a). * * * * * S. 3(1) def. of amended by No. 68/2001 s. 3(1)(b), substituted by No. 34/2013 s. 3(b). Commissioner means the Chief Commissioner, the Deputy Chief Commissioner or a Commissioner appointed to the VBA Board; conduct, in relation to a public entertainment, means to have a direct pecuniary interest in the proceeds or profits of the entertainment; construct, in relation to a building, includes— (a) build, re-build, erect or re-erect the building; and (b) repair the building; and (c) make alterations to the building; and (d) enlarge or extend the building; and (e) place or relocate the building on land; S. 3(1) def. of cooling tower inserted by No. 85/2000 s. 3, substituted by No. 46/2008 s. 248(2). cooling tower has the same meaning as it has in section 3(1) of the Public Health and Wellbeing Act 2008;
S. 3(1) def. of cooling tower system inserted by No. 85/2000 s. 3, substituted by No. 46/2008 s. 248(2). cooling tower system has the same meaning as it has in section 3(1) of the Public Health and Wellbeing Act 2008; council means a council within the meaning of the Local Government Act 1989; S. 3(1) def. of decision substituted by No. 15/2016 s. 16(2)(a). decision, in relation to a matter in relation to which an application for review or appeal can be made to the Building Appeals Board, the Authority or VCAT, includes failure to decide; S. 3(1) def. of substituted by No. 15/2016 s. 16(2)(b). decision-maker, in relation to a matter in relation to which an application for review or appeal can be made to the Building Appeals Board, the Authority or VCAT, means the person or body whose decision may be the subject of that review or appeal; S. 3(1) def. of domestic builder inserted by No. 91/1995 s. 136(b), amended by No. 52/1998 s. 311(Sch. 1 item 10.1). domestic builder means a builder within the meaning of the Contracts Act 1995; S. 3(1) def. of domestic building work inserted by No. 91/1995 s. 136(b), amended by No. 52/1998 s. 311(Sch. 1 item 10.1). domestic building work has the same meaning as it has in the Contracts Act 1995; function includes power, authority and duty;
S. 3(1) def. of insured architect inserted by No. 35/2004 s. 34(2), insured architect means an architect who is registered under the Architects Act 1991 and who is covered by the required insurance under that Act; S. 3(1) def. of insurer inserted by No. 91/1995 s. 136(c), substituted by No. 52/2005 s. 29. insurer includes the Victorian Managed Insurance Authority established by the Victorian Managed Insurance Authority Act 1996; S. 3(1) def. of Legionella inserted by No. 85/2000 s. 3, repealed by No. 46/2008 s. 248(1). * * * * * S. 3(1) def. of lot inserted by No. 85/2000 s. 3, repealed by No. 46/2008 s. 248(1). * * * * * S. 3(1) def. of major domestic building contract inserted by No. 91/1995 s. 136(c), amended by No. 52/1998 s. 311(Sch. 1 item 10.1). major domestic building contract has the same meaning as it has in the Contracts Act 1995; mandatory notification stage means a prescribed stage of building work; municipal building surveyor means a person for the time being appointed, employed or nominated by a council as its municipal
building surveyor for the purposes of this Act; S. 3(1) def. of National Construction Code Series inserted by No. 5/2011 s. 3(1). National Construction Code Series means the National Construction Code Series published by the Australian Building Codes Board as amended or remade from time to time; S. 3(1) def. of officer inserted by No. 15/2016 s. 16(4). officer, in relation to a body corporate, has the same meaning as officer of a corporation has in section 9 of the Corporations Act; S. 3(1) def. of owner amended by No. 85/1998 s. 24(Sch. item 6.1(a)(b)). owner— (a) in relation to land which has been alienated in fee by the Crown and is under the operation of the Transfer of Land Act 1958, (other than land in an identified folio under that Act) means the person who is registered or entitled to be registered as proprietor, or the persons who are registered or entitled to be registered as proprietors, of an estate in fee simple in the land; and (b) in relation to land which has been alienated in fee by the Crown and is land in an identified folio under the Transfer of Land Act 1958 or land not under the operation of the Transfer of Land Act 1958, means the person who is the owner, or the persons who are the owners, of the fee or equity of redemption; and (c) in relation to Crown land reserved under the Crown Land (Reserves) Act 1978 and managed or controlled by a committee of management, means the Minister administering that Act; and
S. 25I inserted by No. 66/2004 s. 8, amended by No. 34/2013 s. 34(Sch. 1 items 2, 3), repealed by No. 15/2016 s. 33. * * * * * S. 25J inserted by No. 34/2013 s. 8, amended by No. 15/2016 s. 18(1). 25J Review by VCAT A person to whom a decision of the Authority under this Division applies may apply to the Victorian Civil and Administrative Tribunal for a review of— (a) that decision; or S. 25J(b) amended by No. 15/2016 s. 18(3). (b) a failure of the Authority to make that decision within a reasonable time. Division 4—Special provisions S. 26 substituted by No. 34/1997 s. 5, amended by No. 34/2013 s. 34(Sch. 1 item 4). 26 Prescribed places of public entertainment An application for a building permit for a place of public entertainment prescribed or in a class prescribed for the purposes of this section must be made to the Authority. S. 27 repealed by No. 91/1995 s. 138. * * * * * 28 Historic buildings and special buildings (1) Despite section 24, the relevant building surveyor may issue a building permit for the carrying out of building work that does not comply with the
Division 1—Occupancy permits (building work) 39 Occupancy permit must be obtained S. 39(1) amended by No. 33/2010 s. 8. (1) If a building permit states that an occupancy permit is required for the whole of a building, a person must not occupy that building unless the occupancy permit has been issued under this Division for the building. 120 penalty units, in the case of a natural person. 600 penalty units, in the case of a body corporate. S. 39(2) amended by No. 33/2010 s. 8. (2) If a building permit states that an occupancy permit is required for part of a building, a person must not occupy that part of the building unless the occupancy permit has been issued under this Division for that part of the building. 120 penalty units, in the case of a natural person. 600 penalty units, in the case of a body corporate. S. 40 amended by No. 34/1997 s. 7(1). 40 Occupation must be in accordance with permit
with a party wall which is demolished or rebuilt or to take any necessary steps for that purpose. 101 Lodgment of plans after completion of protection work S. 101(1) amended by No. 33/2010 s. 23. (1) Not later than 2 months after the completion of any protection work carried out under this Part, the owner must serve on the adjoining owner and the relevant building surveyor a complete set of plans, drawings and specifications showing the protection work which has actually been carried out in respect of the adjoining property. 50 penalty units. S. 101(2) amended by No. 33/2010 s. 23. (2) The relevant building surveyor, within 7 days after receiving plans, drawings and specifications under subsection (1), must give a copy of those documents to the relevant council. 50 penalty units. Division 1—Emergencies 102 Emergency orders (1) A municipal building surveyor may make an emergency order under this Division, if he or she is of the opinion that the order is necessary because of a danger to life or property arising out of the condition or use or proposed use of a building, the land on which building work is being or is proposed to be carried out or a place of public entertainment.
clear that the direction will not be complied with; or (b) the municipal building surveyor or private building surveyor is satisfied that it is either not possible or not appropriate to give a direction to fix the building work under that Division. 119 Building permit not required Despite anything to the contrary in this Act or the building regulations, a person who carries out work in accordance with an emergency order or building order in force under this Part is not required to obtain a building permit or comply with the building regulations unless the relevant building surveyor so directs. 120 Completion of work required by emergency order or building order S. 120(1) amended by No. 33/2010 s. 25. (1) On completion of the work required to be carried out by an emergency order or building order, the owner must notify the relevant building surveyor in writing, without delay. 50 penalty units. (2) The relevant building surveyor must inspect the notified work and— (a) report to the relevant council that the order has been fully complied with; or (b) require the order to be fully complied with. 121 Work may be carried out by municipal building surveyor
(1) The relevant council must keep a register of all emergency orders, building notices or building orders given to the council under this Part. (2) The council must make the register available for inspection by any person during normal office hours. Division 1—Immunity S. 127 (Heading) inserted by No. 34/2013 s. 20(1). 127 Immunity for Commissioners, members of public authorities and staff S. 127(1) amended by No. 34/2013 s. 20(2)(a). (1) A Commissioner or a member of a public authority (other than a council) or any person who is appointed or engaged by the Authority or a public authority (other than a council) is not personally liable for anything necessarily or reasonably done or omitted to be done in good faith— (a) in carrying out a function under this Act or the regulations; or (b) in the reasonable belief that the act or omission was in the carrying out of a function under this Act or the regulations. S. 127(2) amended by No. 34/2013 s. 20(2)(b). (2) If a Commissioner or a person appointed or engaged by the Authority does or omits to do anything— (a) negligently in the carrying out of a function under this Act or the regulations; or
(a) a building practitioner of a category referred to in paragraph (e), (f) or (h) of the definition of building practitioner; (b) an architect within the meaning of section 3(1) of the Architects Act 1991; building manager means a person with responsibility for, or control over, the management of the building. (9) Division 5 (other than section 161) does not apply to an application under this section. Division 5—Powers concerning disputes and other proceedings S. 161 amended by No. 109/1997 s. 533(Sch. 2 item 1.1). 161 General powers The Building Appeals Board must consider and determine a matter referred or application made to it under this Act or any other Act and may make any order that it considers appropriate in the circumstances. 162 Special powers—modification of regulations (1) Before determining an application under section 160 the Building Appeals Board— (a) must consult— (i) any authority that would be a reporting authority if the application were an application for a permit; and S. 162(1)(a)(ii) amended by No. 34/2013 s. 34(Sch. 1 item 20). (ii) the Authority, if the application discloses that any aspect of the matter has been considered by it; and (iii) if the application shows that any aspect of the matter relates to a building
10 penalty units. 173 The Register S. 173(1) amended by No. 15/2016 s. 18(4). (1) The Registrar of the Victorian Building Authority must keep a Register, divided into the various prescribed categories and classes of building practitioners, of the names and categories or classes of registration of persons currently registered under this Part. S. 173(2) amended by No. 15/2016 s. 18(3). (2) A registered building practitioner must notify the Authority of any change in the information about the practitioner appearing in the Register without delay after the change occurs, and the Registrar must update the Register accordingly. (3) The Register must be in accordance with the regulations. 174 Suspension where insurance ceases S. 174(1) amended by No. 15/2016 s. 18(1). (1) The Authority must suspend a person's registration under this Part if it becomes aware that the person has ceased to be covered under any insurance required under Part 9. S. 174(2) amended by No. 15/2016 s. 18(2). (2) The Authority must give the person written notice of the suspension of the person's registration under subsection (1). S. 174(3) amended by No. 15/2016 s. 18(3). (3) The suspension lasts until the person gives the Authority written proof that he or she is covered by the required insurance and that the cover is provided until the next anniversary of his or her registration and, when that proof is given, the Authority must revoke the suspension.
S. 174A(3) amended by No. 15/2016 s. 18(1). (3) The Authority must notify the builder without delay of that application and advise the builder— (a) that his or her registration under this Part may be suspended at the end of 28 days after the date of the notice unless the builder complies with the direction; and S. 174A(3)(b) amended by No. 15/2016 s. 18(1). (b) that he or she has a right to be heard by the Authority in respect of the application. S. 174A(4) amended by No. 15/2016 s. 18(1). (4) If a builder has not complied with the direction within 28 days after the date of the notice, the Authority, after giving the builder an opportunity to be heard, may suspend the builder's registration under this Part. S. 174A(5) amended by No. 15/2016 s. 18(2). (5) The Authority must give the builder written notice of the suspension of the builder's registration under subsection (4). (6) The suspension lasts until— S. 174A(6)(a) amended by No. 15/2016 s. 18(1). (a) the Authority is satisfied that the builder has complied with the direction; or S. 174A(6)(b) substituted by No. 34/2013 s. 24. (b) it is cancelled by the Victorian Civil and Administrative Tribunal under Division 2A of Part 11. 175 Consequences of suspension of registration While a person's registration as a building practitioner is suspended under this Part, he or she is deemed not to be registered under this Part.
176 Offences S. 176(1) amended by No. 36/2008 s. 7(1), substituted by No. 33/2010 s. 31(1). (1) A person who is not registered in the appropriate category or class under this Part must not take or use any of the following titles— (a) building practitioner or registered building practitioner; or (b) building surveyor, building surveyor (unlimited) or building surveyor (limited); or (c) building inspector; or (d) engineer, if the use of the title relates to the building industry; or (e) draftsperson, if the use of the title relates to the building industry; or (f) quantity surveyor; or (g) a prescribed title. 120 penalty units. S. 176(1A) inserted by No. 33/2010 s. 31(1). (1A) A person who is not registered in the appropriate category or class under this Part must not— (a) practise as a building inspector; or (b) hold himself or herself out as being registered under this Part or in a particular category or class of registration; or (c) hold himself or herself out as being qualified to practise as a building practitioner either generally or in a particular category or class of work. 500 penalty units. S. 176(2) amended by Nos 36/2008 s. 7(2), 33/2010 s. 31(2). (2) A person who is not registered under this Part as a building surveyor must not practise as a building surveyor (unlimited) or building surveyor (limited). 500 penalty units.
S. 176(2AA) inserted by No. 36/2008 s. 7(3), amended by No. 33/2010 s. 31(2). (2AA) A person who is registered as a building surveyor (limited) must not practise as a building surveyor except in respect of buildings up to 3 storeys in height with a maximum floor area of 2000 square metres. 500 penalty units. S. 176(2A) inserted by No. 91/1995 s. 147(1), substituted by Nos 68/2001 s. 9, 66/2004 s. 11, amended by No. 33/2010 s. 31(2). (2A) A builder must not carry out domestic building work under a major domestic building contract unless the builder is registered under this Part in the appropriate class of domestic builder. 500 penalty units. S. 176(3) amended by Nos 91/1995 s. 147(2)(a), 36/2008 s. 7(4), 33/2010 s. 31(3). (3) Subsections (1), (1A), (2), (2AA) and (2A) do not apply to the use by a partnership of a title that can only be used by a person registered under this Part or the carrying out by a partnership of work that can only be carried out by a person registered under this Part, if at least one of the partners is registered in the appropriate category or class under this Part. S. 176(4) amended by Nos 91/1995 s. 147(2)(a), 36/2008 s. 7(4), 33/2010 s. 31(3). (4) Subsections (1), (1A), (2), (2AA) and (2A) do not apply to the use by a corporation of a title that can only be used by a person registered under this Part or the carrying out by a corporation of work that can only be carried out by a person so registered if at least one of the directors of the corporation is registered in the appropriate category or class under this Part.
(b) may do that work without being registered in that other category or class; and S. 176(7)(c) amended by Nos 91/1995 s. 147(2)(b), 33/2010 s. 31(4). (c) does not commit an offence under subsection (1), (1A) or (2A) because he or she does that work. Pt 11 Div. 2 (Heading and ss 177–182) amended by Nos 91/1995 ss 148–151, 34/1997 ss 12, 13, 52/1998 s. 311(Sch. 1 items 10.7, 10.8), 26/2001 s. 11(2), 68/2001 s. 10, 36/2002 s. 11, 36/2008 ss 8–11, 9/2012 ss 3, 4, 34/2013 ss 10, 34(Sch. 1 items 21–24), 15/2016 s. substituted as Pt 11 Div. 2 (Heading and ss 177–177D) by No. 15/2016 s. 25. Division 2—Codes of conduct for building practitioners New s. 177 inserted by No. 15/2016 s. 25. 177 Authority may approve codes of conduct for building practitioners (1) The Authority may approve codes of conduct for building practitioners in accordance with this Division. (2) A code of conduct may make different provision for different categories or classes of building practitioners.
(a) may specify the fees or specify maximum or minimum fees; and (b) may specify different fees for different classes of cases. S. 188(2A) inserted by No. 91/1995 s. 152, amended by No. 52/1998 s. 311(Sch. 1 item 10.9). (2A) Guidelines relating to the fees chargeable under Part 11 in respect of domestic builders may take into account the costs and expenses incurred in the administration and enforcement of the Contracts Act 1995 and the regulations under that Act. (3) The guidelines must be published in the Government Gazette. (4) A council or private building surveyor, in determining fees for applications for permits, may have regard to the guidelines under subsection (1)(a) about those fees. S. 188(5) amended by No. 15/2016 s. 18(1). (5) The Authority, in determining fees under Division 1 of Part 11, must have regard to the guidelines under subsection (1)(a) about those fees. S. 188(6) amended by No. 34/2013 s. 34(Sch. 1 item 26). (6) The Authority must have regard to the guidelines under subsection (1)(b) in fixing charges for the provision of services. (7) A municipal building surveyor or private building surveyor must have regard to any relevant guideline under subsection (1)(c) or (d) in carrying out a function under this Act or the regulations. S. 188A inserted by No. 30/2001 s. 3. 188A Decision guidelines on design and siting of single dwellings (1) The Minister may from time to time issue guidelines relating to the design and siting of single dwellings.
S. 221A inserted by No. 39/1996 s. 5, amended by No. 34/2013 s. 26(1). 221A Purpose of this Part The purpose of this Part is to regulate plumbing work with the aim of ensuring that it is carried out safely and competently. S. 221B inserted by No. 39/1996 s. 5. 221B Definitions applying to this Part (1) In this Part— S. 221B(1) def. of Board repealed by No. 75/1998 s. 5(a)(i). * * * * * class of plumbing work means a class of plumbing work specified by the regulations; class of specialised plumbing work means a class of specialised plumbing work specified by the regulations or in a declaration under section 221ZZZU; S. 221B(1) def. of Commission inserted by No. 75/1998 s. 5(a)(ii), repealed by No. 34/2013 s. 26(2). * * * * * compliance auditor means a person appointed as a compliance auditor under section 221ZZY; compliance certificate means a certificate referred to in section 221ZH; emergency plumbing order means an order issued under section 221ZZF;
S. 221B(1) def. of insolvent under administration repealed by No. 4/2008 s. 32(Sch. item 2). * * * * * S. 221B(1) def. of licensed plumber amended by Nos 75/1998 s. 5(a)(iii), 34/2013 s. 34(Sch. 1 item 32(a)). licensed plumber means a person who is licensed by the Authority under section 221M or 221Q to carry out a particular class or type of plumbing work and includes a person who is temporarily licensed to carry out that work under section 221W, but does not include a person whose licence is suspended; S. 221B(1) def. of plumbing apprentice amended by Nos 80/1997 s. 55(Sch. 1 item 1), 24/2006 s. 6.1.2(Sch. 7 item 2.1). plumbing apprentice means an apprentice within the meaning of the Education and Training Reform Act 2006 in a plumbing trade; S. 221B(1) def. of Plumbing Code of Australia inserted by No. 31/2007 s. 3, substituted by No. 5/2011 s. 6. Plumbing Code of Australia means the Plumbing Code of Australia set out in Volume Three of the National Construction Code Series including any variations or additions in the Appendix Victoria set out in Appendix A of that Volume; plumbing inspector means a person appointed as a plumbing inspector under section 221ZZY; S. 221B(1) def. of plumbing laws amended by Nos 99/1997 s. 121(1), 17/2012 s. 83(a). plumbing laws means any provision in any of the following that regulates the carrying out of plumbing work— (a) this Part; and (b) the Gas Safety Act 1997; and
(c) the Water Act 1989; and (d) any regulations made under this Part or any Act listed in paragraph (b) or (c); plumbing notice means a notice issued under section 221ZY; plumbing order means an order issued under section 221ZZB; rectification notice means a notice issued under section 221ZW; S. 221B(1) def. of registered plumber amended by Nos 75/1998 s. 5(a)(iii), 34/2013 s. 34(Sch. 1 item 32(b)). registered plumber means a person who is registered by the Authority under section 221O, 221P or 221R to carry out a particular class or type of plumbing work and includes a person who is temporarily registered to carry out that work under section 221W, but does not include a person whose registration is suspended; S. 221B(1) def. of Registrar substituted by Nos 75/1998 s. 5(a)(iv), 34/2013 s. 27(1). Registrar means the Registrar of the Victorian Building Authority appointed or engaged under section 204(1)(a); required insurance means the insurance required by an order made under section 221ZQ; specialised plumbing work means any plumbing work— (a) that the regulations state is specialised plumbing work; or (b) that is declared by the Minister to be specialised plumbing work under section 221ZZZU;
S. 221D(4) amended by Nos 75/1998 ss 5(b), 7(2), 34/2013 s. 34(Sch. 1 item 33). (4) Despite subsection (1), a person who is being trained to carry out work that may be carried out by the holder of a restricted licence may carry out that work without being licensed or registered by the Authority if the work is carried out under the supervision of a person who is licensed to carry out that type of work. S. 221D(5) amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 33). (5) Despite subsection (1)— (a) a sheetmetal worker, first class may carry out sheetmetal work in connection with the manufacture, installation, maintenance or repair of ventilation or air conditioning plant or equipment; (b) a metal worker may carry out pipework in connection with the fabrication, installation, maintenance or repair of industrial pipework; S. 221D(5)(c) repealed by No. 75/1998 s. 8(a). * * * * * S. 221D(5)(d) substituted by No. 75/1998 s. 8(b). (d) an apprentice may carry out any work referred to in paragraph (a) or (b) under the supervision of a person referred to in that paragraph; S. 221D(5)(e) amended by No. 36/2008 s. 16. (e) a plumbing apprentice acting under the supervision of a licensed plumber may carry out plumbing work— without being licensed or registered by the Authority. S. 221E (Heading) inserted by No. 31/2007 s. 4(1). S. 221E inserted by No. 39/1996 s. 5. 221E Restrictions concerning work for which compliance certificate required
S. 221M(3) amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 37). (3) The Authority may license an eligible person to carry out 2 or more particular classes of plumbing work. S. 221M(4) amended by Nos 75/1998 s. 5(b), 36/2008 s. 18(1), 34/2013 s. 34(Sch. 1 item 37). (4) The Registrar must give each person who is licensed by the Authority a licence as evidence that the person is licensed to carry out a particular class, or particular classes, of plumbing work. S. 221N inserted by No. 39/1996 s. 5. 221N Endorsement to carry out specialised plumbing work (1) To be able to be licensed to carry out a particular class of specialised plumbing work, a person must— S. 221N(1)(a) amended by No. 36/2008 s. 15(d), substituted by No. 33/2010 s. 39. (a) be a licensed plumber in respect of a class or classes of plumbing work or specialised plumbing work required by the regulations (or a declaration under section 221ZZZU); and (b) either— S. 221N(1) (b)(i) amended by No. 34/1997 s. 30(b). (i) have the relevant qualifications and experience required by the regulations (or a declaration under section 221ZZZU); or S. 221N(1) (b)(ii) amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 38). (ii) satisfy the Authority that he or she has knowledge and competence at least equal to that that a person who has the qualifications and experience required by subparagraph (i) would have; and (c) be covered by the required insurance.
S. 221O(2) amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 39). (2) The Authority must register a person to carry out a particular class of plumbing work if— (a) the person applies for registration in accordance with section 221T; and (b) it is satisfied that the person meets one or other of the requirements listed in subsection (1); and (c) the person pays the registration fee set out in the regulations. S. 221O(3) amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 39). (3) The Authority may register an eligible person with respect to 2 or more particular classes of plumbing work. S. 221O(4) amended by Nos 75/1998 s. 5(b), 36/2008 s. 18(2), 34/2013 s. 34(Sch. 1 item 39). (4) The Registrar must give each person who is registered by the Authority a registration document as evidence that the person is registered to carry out a particular class, or particular classes, of plumbing work. S. 221OA inserted by No. 31/2007 s. 7. 221OA Endorsement to carry out specialised plumbing work—registered plumbers (1) To be able to be registered to carry out a particular class of specialised plumbing work, a person must— S. 221OA(1)(a) amended by No. 36/2008 s. 15(d), substituted by No. 33/2010 s. 40. (a) be a registered plumber in respect of a class or classes of plumbing work or specialised plumbing work required by the regulations (or a declaration under section 221ZZZU); and
S. 221ZH(1)(d) inserted by No. 85/2000 s. 9. (d) the construction, installation, alteration, relocation or replacement of a cooling tower or of any other part of a cooling tower system (including the installation or replacement of any associated device or equipment). S. 221ZH(2) amended by No. 33/2010 s. 41. (2) Within 5 days of the completion of any plumbing work to which this section applies that he or she has carried out or supervised, a licensed plumber must— (a) give the person for whom the work was carried out a signed compliance certificate in respect of the work; and S. 221ZH(2)(b) amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 66). (b) notify the Authority, in the manner specified by the Authority, that the compliance certificate has been given. 60 penalty units. S. 221ZH(2A) inserted by No. 36/2008 s. 21(1). (2A) A person for whom plumbing work to which this section applies has been carried out may, by notice served on the licensed plumber, request the licensed plumber to give the person a signed compliance certificate for the work carried out or supervised by the plumber— (a) if the plumber has not completed the work that the plumber was engaged to carry out; and (b) the person believes on reasonable grounds that the plumber will not complete the plumbing work.
S. 221ZH(2B) inserted by No. 36/2008 s. 21(1), amended by No. 33/2010 s. 41. (2B) Within 5 days of service of a notice under subsection (2A), a licensed plumber must— (a) give the person for whom the work was carried out a signed compliance certificate in respect of the work; and S. 221ZH (2B)(b) amended by No. 34/2013 s. 34(Sch. 1 item 66). (b) notify the Authority, in the manner specified by the Authority, that the compliance certificate has been given. 60 penalty units. S. 221ZH(3) amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 66). (3) A document is not a compliance certificate unless the certificate form used is a form that has been supplied by the Authority or a person authorised by the Authority. S. 221ZH(4) inserted by No. 75/1998 s. 10(2), substituted by No. 36/2008 s. 21(2). (4) For the purposes of this section plumbing work is completed by a licensed plumber when whichever of the following first occurs— (a) the plumber completes the whole of the plumbing work that he or she was engaged to carry out in accordance with the relevant plumbing laws; (b) the whole of the plumbing work that the plumber was engaged to carry out is capable of being used in accordance with the relevant plumbing laws. S. 221ZH(5) inserted by No. 75/1998 s. 10(2), amended by No. 36/2008 s. 21(3). (5) If a plumber carries out or supervises any plumbing work to which subsection (1)(b), (ba) or (bb) applies, for the purposes of subsection (2) or (2B) he or she must give a separate compliance certificate in respect of the work for each separately metered premises on or at which the work is carried out, even if all of the work was carried out or supervised by the plumber for the same person under a contract.
(A) has inspected or tested the work that was carried out before he or she carried out any work; and (B) carried out any work that was required to complete the plumbing work or that that completion work was carried out under his or her supervision; and (c) states that the work complies with any particular requirements specified in the certificate; and (d) states that the work complies with the plumbing laws; and (e) contains any other details in relation to the work required by the certificate form. 120 penalty units. S. 221ZI(2) inserted by No. 75/1998 s. 11(2), amended by No. 33/2010 s. 42. (2) A licensed plumber must not state under subsection (1)(b) that work was carried out under his or her supervision unless the person who carried out the work was authorised to carry out the work under this Part. 120 penalty units. S. 221ZJ inserted by No. 39/1996 s. 5. 221ZJ Details on certificates must be accurate A licensed plumber must not sign a compliance certificate in relation to any plumbing work if the plumber knows, or ought reasonably to know, that the certificate contains any misstatement of fact. 60 penalty units.
S. 221ZN(3) amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 70). (3) In authorising a person, the Authority may impose any conditions on its authorisation that it thinks appropriate, and may change any such condition at any time. S. 221ZN(4) amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 70). (4) A person authorised by the Authority to sell compliance certificate forms— (a) must not sell or give a compliance certificate form to a person who is not a licensed plumber; and (b) must not sell a compliance certificate form to a licensed plumber at a price greater than $20 (or any other amount specified by the regulations); and S. 221ZN(4)(c) amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 70). (c) must comply with any condition imposed by the Authority in granting its authorisation. 20 penalty units. S. 221ZN(5) amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 70). (5) The Authority must not sell a compliance certificate form to a licensed plumber at a price greater than $20 (or any other amount specified by the regulations). (6) A licensed plumber may authorise a person in writing to buy compliance certificate forms on the plumber's behalf. (7) A licensed plumber must ensure that only one person has such an authority at any one time. 5 penalty units.
(a) non-completion of the work; (b) defective work; S. 221ZT(1)(c) amended by Nos 17/1999 s. 22(7), 72/2010 s. 48(Sch. item 2(5)). (c) conduct by the plumber in connection with the contract for that work that contravenes section 18, 29, 34 or 151, or Subdivision B of Division 1 of Part 3-2, of the Australian Consumer Law (Victoria). S. 221ZT(2) inserted by No. 17/1999 s. 22(8), substituted by No. 72/2010 s. 48(Sch. item 2(6)). (2) A reference— (a) in any order made under section 221ZQ; or (b) in any instrument or agreement which is required insurance (within the meaning of section 221B(1))— to "section 9, 11 or 12 of the Fair Trading Act 1999" is, to the extent that it relates to any period on or after the commencement of section 8 of the Fair Trading Amendment (Australian Consumer Law) Act 2010, taken to include a reference to "section 18, 29, 34 or 151 of the Australian Consumer Law (Victoria)". S. 221ZU inserted by No. 39/1996 s. 5. 221ZU Suspension of licence if insurance ceases S. 221ZU(1) amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 73). (1) The Authority must suspend the licence of a licensed plumber if it becomes aware that he or she has ceased to be covered by the required insurance. S. 221ZU(2) amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 73). (2) If the Authority suspends a person's licence under subsection (1), it must give him or her written notice of the suspension.
(8) For the purposes of subsection (7), if the time specified to comply with a rectification notice is expressed as a date, the time within which the notice must be complied with is the number of days between that date and the date the notice was given to the person. (9) If an inspector or auditor gives a rectification notice to a person before the person produces any compliance certificate that the person is required to produce in respect of particular plumbing work, the person must still produce the compliance certificate once the rectification work has been completed. (10) The inspector or auditor must give a copy of the rectification notice to the person on whose behalf the plumbing work was carried out. S. 221ZW(11) inserted by No. 99/1997 s. 121(7). (11) If the rectification notice relates to gasfitting work, the inspector or auditor must give a copy of the rectification notice to the relevant gas distribution company. S. 221ZX inserted by No. 39/1996 s. 5. 221ZX Right to apply to VCAT to have a rectification notice cancelled S. 221ZX(1) amended by No. 28/2000 s. 20(c). (1) A person who has been given a rectification notice may apply to the Victorian Civil and Administrative Tribunal to have the decision to issue the notice reviewed. (2) Such an application must be made within 5 business days of the date the person receives the notice.
S. 221ZZB inserted by No. 39/1996 s. 5. 221ZZB Plumbing order to rectify defective plumbing work (1) A plumbing inspector may issue a written order requiring that the owner or occupier of any land or building— (a) rectify any plumbing work that has been carried out on the land or in the building so that it complies with the plumbing laws; or (b) modify any plumbing work that has been carried out on the land or in the building. (2) A plumbing inspector may only issue such an order after— (a) he or she has given the owner or occupier a plumbing notice in respect of the plumbing work; and (b) he or she has considered any representations made by the owner or occupier in response to the plumbing notice within the period permitted by the plumbing notice; and (c) the time permitted by the plumbing notice for the making of representations has passed. (3) The order— (a) must specify the time or times within which it must be complied with (which must be a period of at least 15 business days after it is given to the owner or occupier); and (b) must contain a copy of sections 221ZZC, 221ZZE and 221ZZJ; and S. 221ZZB (3)(c) amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 76). (c) must contain any other details required by the Authority.
S. 221ZZO inserted by No. 39/1996 s. 5. 221ZZO Modification of plumbing regulations S. 221ZZO(1) amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 84). (1) The Authority may declare that a provision of the plumbing regulations does not apply, or applies with specified variations, to specified plumbing work. (2) A declaration under this section overrides the plumbing regulations and must be given effect to with respect to the specified plumbing work as if those regulations had been amended to accord with the declaration. (3) An application for a declaration may be made by— (a) the owner or occupier of a building or land; (b) a licensed or registered plumber; (c) a plumbing inspector or compliance auditor; S. 221ZZO (3)(d) amended by Nos 46/1998 s. 7(Sch. 1), 108/2004 s. 117(1) (Sch. 3 item 21.3). (d) a Department Head within the meaning of the Public Administration Act 2004; (e) a public authority. (4) The person applying for the declaration must— (a) identify the plumbing work for which the application is being made; and (b) specify in what way the person would like the plumbing regulations modified with respect to that work.
(i) he or she has been guilty of any fraudulent conduct in regard to the carrying out of any plumbing work; (j) he or she, in the course of carrying out any plumbing work— (i) used materials that he or she knew, or reasonably ought to have known, were defective; or (ii) was a party to the carrying out of any plumbing work using materials that he or she knew, or reasonably ought to have known, were defective; (k) he or she has failed to comply with a reasonable direction of an insurer in respect of the completion or rectification of defective plumbing work or any payment to be made to the insurer in respect of the completion or rectification of defective plumbing work in accordance with required insurance. S. 221ZZZH inserted by No. 39/1996 s. 5. 221ZZZH Procedure concerning inquiries S. 221ZZZH(1) amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 93). (1) To start an inquiry, the Authority must give the following details in writing to the person who is to be the subject of the inquiry— (a) the grounds on which the inquiry is to be conducted; and (b) if the inquiry is based on a complaint, the substance of that complaint; and (c) the time and place at which the inquiry will be held; and
(i) impose new conditions on, or vary the existing conditions of, the licence or registration; (ii) suspend the licence or registration for a period of up to 12 months; (iii) cancel the licence or registration immediately or with effect from a specified later date; (c) if the person is licensed or registered under this Part, require the person to pass a specified examination or complete a specified period of training or attend a specified course of instruction; (d) disqualify the person from being licensed or registered for a specified period of up to 3 years; (e) order the person to pay the costs of the inquiry (including incidental costs); S. 221ZZZJ (1)(f) amended by No. 75/1998 s. 5(b), substituted by No. 36/2008 s. 24(1), amended by No. 34/2013 s. 34(Sch. 1 item 96). (f) order the person to pay the Authority a penalty of not more than 100 penalty units unless— (i) a charge has been filed in the Magistrates' Court in respect of the matter; or (ii) the matter has been dealt with by a court exercising its criminal jurisdiction; or (iii) the matter has been dealt with by the issue of an infringement notice;
S. 221ZZZJ(2) amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 96). (2) If the Authority makes an order under this section, the Registrar may give a copy of the order to any person or body who the Registrar thinks should be told of the order. S. 221ZZZK inserted by No. 39/1996 s. 5. 221ZZZK Presumption of suspension for repeated offences concerning compliance notices S. 221ZZZK(1) amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 97). (1) This section applies if the Authority is satisfied, at the end of an inquiry— (a) that a person has contravened section 221ZH; and (b) that the person has contravened that section on at least 2 separate occasions within the past 3 years. S. 221ZZZK(2) amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 97). (2) The Authority must suspend the person's licence for a period of up to 3 months unless it is satisfied that there is a good reason for not doing so. S. 221ZZZL (Heading) inserted by No. 34/2013 s. 34(Sch. 1 item 98). S. 221ZZZL inserted by No. 39/1996 s. 5, amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 99). 221ZZZL Authority may revoke cancellation or suspension The Authority may at any time revoke any order it has made under section 221ZZZJ cancelling or suspending a person's licence or registration.
S. 221ZZZP(2) inserted by No. 52/1998 s. 311(Sch. 1 item 10.13), amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 105). (2) A party to a dispute under section 221ZZN may apply to the Victorian Civil and Administrative Tribunal for review of a declaration of the Authority under that section. S. 221ZZZP(3) inserted by No. 52/1998 s. 311(Sch. 1 item 10.13), amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 105). (3) A person may apply to the Victorian Civil and Administrative Tribunal for review of a declaration of the Authority under section 221ZZO. S. 221ZZZQ inserted by No. 39/1996 s. 5, repealed by No. 52/1998 s. 311(Sch. 1 item 10.14). * * * * * Division 13—Administrative matters S. 221ZZZR inserted by No. 39/1996 s. 5, amended by No. 75/1998 s. 5(b)(e), repealed by No. 34/2013 s. 29. * * * * *
(ii) licences and registrations to carry out the old classes translate into licences and registrations to carry out the new classes; (e) the qualifications or experience needed to be eligible to be licensed or registered with respect to a particular class of plumbing work; S. 221ZZZV (1)(ea) inserted by No. 33/2010 s. 48. (ea) prescribing a class or classes of plumbing work or specialised plumbing work required to be eligible to be registered or licensed with respect to a particular class of specialised plumbing work; S. 221ZZZV (1)(f) amended by No. 36/2008 s. 25(a). (f) examinations or assessments for the purposes of this Part; (g) generally regulating and controlling— (i) the carrying out of plumbing work by licensed and registered plumbers; (ii) advertising by licensed and registered plumbers in relation to plumbing work; S. 221ZZZV (1)(ga) inserted by No. 85/2000 s. 11. (ga) regulating the construction, installation, alteration, relocation or replacement of a cooling tower or of any part of a cooling tower system; S. 221ZZZV (1)(gb) inserted by No. 85/2000 s. 11. (gb) requiring the installation and use of specified devices or equipment in cooling towers or cooling tower systems, including in existing cooling towers and cooling tower systems; S. 221ZZZV (1)(gc) inserted by No. 31/2007 s. 17(3). (gc) prescribing offences against this Part and the regulations made under this Part for the purposes of Division 10A;
Division 4—Offences and penalties 241 Proceedings for offences (1) Proceedings for an offence against Part 3, 4, 5, 7 or 8 or the building regulations within a municipal district may be brought by— (a) a person authorised by the council; or (b) a prescribed person or a person in a prescribed class of persons. S. 241(1A) inserted by No. 85/2000 s. 12, repealed by No. 46/2008 s. 248(8). * * * * * S. 241(2) repealed by No. 15/2016 s. 18(7). * * * * * S. 241(2A) inserted by No. 39/1996 s. 8(4), amended by No. 75/1998 s. 5(g), substituted by No. 91/2000 s. 38, amended by No. 39/2005 s. 54, substituted by No. 34/2013 s. 32(1). (2A) Proceedings for an offence against Part 12A or any regulations made for the purposes of that Part may be brought by Energy Safe Victoria. S. 241(2B) inserted by No. 91/2000 s. 38, amended by Nos 34/2013 s. 32(2), 15/2016 s. 18(13). (2B) Proceedings to recover money payable under Part 11 or 12A may be brought by the Authority or any person authorised by the Authority.
S. 261(1)(f) amended by No. 71/1995 s. 23(1)(b). (f) the qualifications (whether obtained inside or outside Victoria) for registration in the different categories or classes of the Register of Building Practitioners, including but not limited to degrees, diplomas, certificates, accreditations, authorities, examinations and periods of training or experience; (g) examinations for registration in the different categories or classes of the Register of Building Practitioners, including the determination of the subjects to be examined, the conduct of examinations and eligibility for examination; (h) the conditions prerequisite to registration in the different categories or classes (including but not limited to conditions as to age, training, experience, and authority to practise) of the Register of Building Practitioners; S. 261(1)(ha) inserted by No. 15/2016 s. 26. (ha) specifying the work that a category or class of registration as a building surveyor or building inspector authorises a person to carry out; S. 261(1)(hb) inserted by No. 15/2016 s. 26. (hb) specifying the domestic building work that a category or class of registration as a builder authorises a person to carry out; (i) the form and divisions of the Register of Building Practitioners and the information to be included in it; (j) the professional standards to be observed by registered building practitioners in the different categories or classes; S. 261(1)(ja) inserted by No. 66/2004 s. 19(1)(c). (ja) the information to be included in, or to accompany, any notice or application required under this Act or the regulations; (k) forms;
(b) the maintenance of buildings and places of public entertainment; and (c) the maintenance and replacement of services, installations and equipment referred to in this Schedule. 34. The safety of buildings and places of public entertainment. Sch. 1 Pt 2 amended by No. 34/1997 s. 29, repealed by No. 68/2001 s. 4(2). * * * * * Ss 18, 42, 54 1 Form of application An application must— Sch. 2 cl. 1(a) substituted by No. 66/2004 s. 9(4). (a) contain the prescribed information; and (b) contain any matters, and be accompanied by any documents, prescribed for the purposes of this clause; and Sch. 2 cl. 1(c) amended by No. 71/1995 s. 24. (c) be accompanied by the fees— (i) determined by the council in accordance with the Local Government Act 1989; or
Sch. 2 cl. 6(6) inserted by No. 30/2001 s. 8. (6) A reference in this clause to a council, with respect to an application, is to be read as including a reference to any reporting authority that has to comply with clause 4A(2) in reporting on, or considering whether to consent to, the application. Sch. 2 cl. 6A inserted by No. 28/2000 s. 18. 6A What if the reporting authority is the responsible authority under the Planning and Environment Act 1987? (1) This clause applies only to a responsible authority under the Planning and Environment Act 1987 in its capacity as a reporting authority for the purposes of section 29A of this Act. (2) Despite anything to the contrary in the regulations or any other Act or regulations, the relevant building surveyor may proceed to decide an application without a report being obtained if a copy of the report is not supplied by the reporting authority within the prescribed time. (3) Subject to subclause (4), a reporting authority is deemed to have consented to a permit if the authority has not within the prescribed time informed the relevant building surveyor of— (a) its consent to the application; or (b) its refusal of consent and the reasons for that refusal. (4) A reporting authority is deemed to have refused to consent to a permit if— (a) the authority is required under section 29A to refuse its consent; and (b) the authority has not within the prescribed time informed the relevant building surveyor of that refusal. 7 Relevant building surveyor must consider report
Assent Date: 14.12.93 Commencement Date: Sch. 8 cl. 17(5) inserted on 4.7.16 by No. 15/2016 s. 58: Special Gazette (No. 194) 21.6.16 p. 1 Note: Sch. 8 cl. 17(5) repeals Sch. 8 cl. 17 on 1.7.19 Current State: This information relates only to the provision/s amending the Building Act 1993 Building Legislation Amendment (Consumer Protection) Act 2016, No. 15/2016 Assent Date: 19.4.16 Commencement Date: Ss 24, 28, 37, 40, 41, 46, 52, 59–68 not yet proclaimed Current State: This information relates only to the provision/s amending the Building Act 1993 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– At the date of this publication, the following provisions amending the Building Act 1993 were Not in Operation: Amending Act/s: Building Act 1993, No. 126/1993 Schedule 8 17 Regulations dealing with transitional matters (5) This clause is repealed on 1 July 2019. —— Building Legislation Amendment (Consumer Protection) Act 2016, No. 15/2016 24 Offences (1) For section 176(1)(b) of the Building Act 1993 substitute— "(b) building surveyor; or". (2) Section 176(1A)(a) of the Building Act 1993 is repealed. (3) For section 176(2) and (2AA) of the Building Act 1993 substitute— "(2) A person must not carry out work as a building surveyor unless—