221ZZZBA Inspector may require plumber to attend inspection 261 221ZZZC Additional powers of plumbing inspectors 261 221ZZZD Compulsory inspections 262 Division 10A—Plumbing infringements 263 221ZZZDA Definitions 263 221ZZZE Plumbing infringement notices 264 221ZZZEA Additional steps required by infringement notice 264 221ZZZEB Proceedings where plumbing infringement notice requiring additional steps is served 265 Division 11—Inquiries and disciplinary action 266 221ZZZF Inquiry by Commission 266 221ZZZG Grounds on which disciplinary action may be taken 266 221ZZZH Procedure concerning inquiries 268 221ZZZI How inquiry to be conducted 268 221ZZZJ Disciplinary powers of the Commission 269 221ZZZK Presumption of suspension for repeated offences concerning compliance notices 271 221ZZZL Commission may revoke cancellation or suspension 271 221ZZZM Commission may compensate victims of unsatisfactory plumbing work 271 221ZZZN Procedural matters concerning Commission sub- committees conducting inquiry or taking disciplinary action 272 221ZZZO Repealed Division 12—Review of decisions 272 221ZZZP Review by VCAT 272 221ZZZQ Repealed 273 Division 13—Administrative matters 274 221ZZZR Plumbing fund 274 221ZZZS Commission may disclose cooling tower information 275 221ZZZT Register of Plumbers 275 221ZZZU Minister may specify work to be specialised plumbing work 276 221ZZZV Regulations 277 221ZZZW Incorporation by reference of Plumbing Code of Australia or other document by regulations 280
S. 27 repealed by No. 91/1995 s. 138. * * * * * 28 Historic buildings and special buildings s. 26 (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 building regulations if the work is to be carried out on, or in connection with— S. 28(1)(a) substituted by No. 93/1995 s. 218(1) (Sch. 2 item 1.1). (a) a building included on the Heritage Register established under the Heritage Act 1995; S. 28(1)(b) repealed by No. 28/2000 s. 14(1). * * * * * (2) The building permit may be issued to enable the carrying out of work appropriate to the style, manner of construction and materials of the building. (3) In deciding an application for a building permit in respect of a building to which subsection (1) applies, the relevant building surveyor must take into account— (a) the structural adequacy of the building; and (b) the requirements necessary to make reasonable provision for the amenity of the building and the safety and health of people using the building. S. 28(4) inserted by No. 28/2000 s. 14(2). (4) The consent and report of the Executive Director under the Heritage Act 1995 must be obtained to
(b) all directions given under this Part in respect of the building work have been complied with. (2) A certificate of final inspection is not evidence that the building or building work concerned complies with this Act or the building regulations. _______________ Division 1—Occupancy permits (building work) 39 Occupancy permit must be obtained s. 39 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
Division 2—Appeals 145 Division additional to other powers s. 145 This Division is in addition to and does not take away from any other provision of this Act about the powers or procedure of the Building Appeals Board. 146 Effect of decisions under appeal S. 146(1) amended by No. 71/1995 s. 11(1). (1) Subject to subsections (2) and (3), a decision in respect of which there is a right of appeal under Division 1 does not take effect until— (a) the end of the appropriate prescribed appeal period, if there is no appeal; or (b) the decision is affirmed on appeal. S. 146(2) amended by Nos 91/1995 s. 143, 36/2008 s. 4. (2) Unless the Building Appeals Board otherwise directs, an appeal under section 138, 139, 174A or 178, does not stay the operation of the decision under appeal. S. 146(3) inserted by No. 71/1995 s. 11(2). (3) An appeal under section 142(3) does not stay the operation of the emergency order to which the appeal relates. 147 Fast track appeals (1) On an appeal under Division 1 (other than against a decision of the Building Practitioner's Board) any party to the appeal may request the Building Appeals Board to begin to hear or otherwise deal with the appeal within 2 business days after the request is made. (2) A request under subsection (1)— (a) must be made in writing; and
(3) The application may be made by— s. 160A (a) the owner of a building or land; or (b) the purchaser under a contract of sale of a lot of a kind referred to in section 9AA(1) of the of Land Act 1962; or S. 160(3)(c) amended by Nos 46/1998 s. 7(Sch. 1), 108/2004 s. 117(1) (Sch. 3 item 21.1). (c) a Department Head within the meaning of the Public Administration Act 2004; or (d) a public authority; or (e) a municipal building surveyor. S. 160(4) inserted by No. 5/2011 s. 4. (4) An application must not be made under this section in relation to an access provision of the building regulations within the meaning of section 160B. S. 160A inserted by No. 34/1997 s. 11. 160A Application for determination in respect of building design (1) An application may be made to the Building Appeals Board for a determination that a particular design of a building or an element of a building complies with this Act, the building regulations or any document applied, adopted or incorporated in the building regulations. (2) The application may be made by— (a) the owner of the building or land; or (b) the purchaser under a contract of sale of a lot of a kind referred to in section 9AA(1) of the of Land Act 1962; or (c) the relevant building surveyor; or (d) the Commission.
(i) holds an appropriate prescribed qualification; or (ii) holds a qualification that the Board considers is, either alone or together with any further certificate, authority, experience or examination equivalent to a prescribed qualification; and (c) is of good character; and (d) has complied with any other condition prescribed for registration in that category or class. (2) The Building Practitioners Board may refuse to register an applicant if the requirements of subsection (1) are not met. S. 170(3)(4) repealed by No. 62/1998 s. 8(1). * * * * * S. 170(5) inserted by No. 71/1995 s. 15. (5) In this section qualification means any degree, diploma, certificate, accreditation, authority, training, experience or examination (whether obtained inside or outside ). 171 Period of registration (1) Registration under this Part as a building practitioner lasts until cancelled under this Part. (2) Subsection (1) does not take away from any provision about suspension of registration. 172 Building practitioner's certificate s. 171 (1) Without delay after a person is registered as a building practitioner, the Building Practitioners Board must cause a building practitioner's certificate to be issued and given to that person.
S. 172(2) substituted by No. 91/1995 s. 145(1). (2) On each anniversary of his or her registration a registered building practitioner must— S. 172(2)(a) amended by No. 18/1998 s. 4. (a) pay to the Building Administration Fund the appropriate annual fee determined in accordance with guidelines under Division 1 of Part 12; and S. 172(2)(b) amended by No. 36/2002 s. 10(1). (b) if under Part 9 the applicant is required to be covered by insurance, give written proof to the Board that— (i) until the next anniversary of his or her registration or, subject to such conditions as the Board may impose, any lesser period approved by the Board, he or she will be covered by the required insurance; or (ii) to the extent that a builder is engaged in domestic building work, he or she is eligible to be covered by the required insurance. (3) The Board must suspend a person's registration under this Part if the person fails to comply with subsection (2). S. 172(4) substituted by No. 91/1995 s. 145(2). (4) The suspension lasts until the person— (a) pays the appropriate annual fee and any appropriate fee for late payment determined in accordance with guidelines under Division 1 of Part 12; and (b) gives the Board written proof that— (i) until the next anniversary of his or her registration or, subject to such conditions as the Board may impose, any lesser period approved by the Board, he or she will be covered by the required insurance (if any); or
S. 179(2)(f) amended by No. 36/2008 s. 9(5). (f) to cancel registration; S. 179(2)(g) inserted by No. 36/2008 s. 9(6). (g) to disqualify the person from being registered for a specified period of up to 3 years. (3) If satisfied that there is good reason to do so, the Board may at any time revoke a suspension under this section, and must without delay give written notice of that revocation to the registered building practitioner. S. 179A inserted by No. 68/2001 s. 10. 179A Inquiries into conduct of building practitioners who are no longer registered s. 179A (1) A reference to a registered building practitioner in sections 177, 178 and 179 in relation to the holding of an inquiry into the conduct of a building practitioner includes a reference to any person who was a registered building practitioner at the time of the conduct, even though that person's registration is suspended at the time any action is taken under those sections. S. 179A(2) substituted by No. 9/2012 s. 4. (2) An inquiry into a person whose registration as a registered building practitioner has been suspended may not be commenced by the Building Practitioners Board after the end of the 3 year period immediately following the date on which the suspension takes effect. S. 179A(3) inserted by No. 9/2012 s. 4. (3) For the purposes of subsection (2), an inquiry commences when the Building Practitioners Board causes a notice to be served under section 178(2) on the person whose registration as a registered building practitioner has been suspended.
(b) in relation to any building owned or occupied by or proposed to be occupied by the Crown or that public authority— shall be carried out by a building surveyor registered under Part 11 and authorised by the Crown or that public authority. (2) The Crown or a public authority may in writing authorise a building surveyor registered under Part 11 to carry out the functions referred to in subsection (1). s. 221 _______________ Pt 12A (Headings and ss inserted by No. 39/1996 s. 5. Division 1—Preliminary matters S. 221A inserted by No. 39/1996 s. 5. 221A Purpose of this Part s. 221A The purpose of this Part is to regulate plumbing work with the aim of ensuring that it is carried out safely and competently. By and large this Part operates separately from the rest of this Act. 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;
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 No. 99/1997 s. 121(1). 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 the Water Industry Act 1994; 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; s. 221B rectification notice means a notice issued under section 221ZW;
(i) have the relevant qualifications and experience required by the regulations; or S. 221M(1) (b)(ii) amended by No. 75/1998 s. 5(b). (ii) satisfy the Commission that he or she has knowledge and competence at least equal to that that a person who has the qualifications and experience required by the regulations would have; and (c) be covered by the required insurance. S. 221M(2) amended by No. 75/1998 s. 5(b). (2) The Commission must license a person to carry out a particular class of plumbing work if— (a) the person applies to be licensed in accordance with section 221T; and (b) it is satisfied that the person meets the requirements listed in subsection (1); and (c) the person pays the licence fee set out in the regulations. S. 221M(3) amended by No. 75/1998 s. 5(b). (3) The Commission 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). (4) The Registrar must give each person who is licensed by the Commission 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 s. 221N (1) To be able to be licensed to carry out a particular class of specialised plumbing work, a person must—
S. 221O inserted by No. 39/1996 s. 5. 221O Registration as a plumber s. 221O (1) To be able to be registered to carry out a particular class of plumbing work, a person must either— (a) have the relevant qualifications and experience required by the regulations; or S. 221O(1)(b) amended by No. 75/1998 s. 5(b). (b) satisfy the Commission that he or she has knowledge and competence at least equal to that that a person who has the qualifications and experience required by the regulations would have. S. 221O(2) amended by No. 75/1998 s. 5(b). (2) The Commission 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 No. 75/1998 s. 5(b). (3) The Commission 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). (4) The Registrar must give each person who is registered by the Commission 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. 221W inserted by No. 39/1996 s. 5. 221W Temporary licence or registration (1) The Registrar may temporarily license or register a person under this Part if— (a) the person applies to be licensed or registered; and S. 221W(1)(b) amended by No. 75/1998 s. 5(b). (b) the Registrar is satisfied that the person is likely to be licensed or registered by the Commission; and S. 221W(1)(c) amended by No. 31/2007 s. 9. (c) the person pays any temporary licence fee or registration fee required by the regulations. S. 221W(2) amended by No. 75/1998 s. 5(b). (2) In exercising his or her powers under this section, the Registrar must comply with any directions of the Commission concerning the exercise of the powers. S. 221W(3) amended by No. 75/1998 s. 5(b). (3) The Registrar or the Commission may cancel a person's temporary licence or registration at any time, regardless of whether the Commission has considered the person's application. (4) A person's temporary licence or registration ends— (a) 3 months after it is issued; or S. 221W(4)(b) amended by No. 75/1998 s. 5(b). (b) on the Commission approving or rejecting the person's application for licensing or registration; or S. 221W(4)(c) amended by No. 75/1998 s. 5(b). (c) on the Registrar or Commission cancelling the licence or registration under subsection (3)— whichever happens first. S. 221X inserted by No. 39/1996 s. 5. 221X Commission may impose conditions on licensing or registering a person s. 221X
S. 221ZF(2) amended by No. 28/2000 s. 20(a). (2) The notice of refusal must set out the Commission's reasons for refusing the application and must contain a copy of section 221ZZZP. S. 221ZFA (Heading) amended by No. 36/2008 s. 18(6)(a). S. 221ZFA inserted by No. 31/2007 s. 11. 221ZFA Licence and registration document to be returned to Registrar S. 221ZFA(1) amended by No. 36/2008 s. 18(6)(b). (1) The Registrar may ask a person who holds a licence or registration document for the return of that licence or registration document— S. 221ZFA (1)(a) amended by No. 36/2008 s. 18(6)(c). (a) for the purpose of altering the details on the licence or registration document; or (b) for any purpose permitted by this Act. S. 221ZFA(2) amended by No. 36/2008 s. 18(6)(b). (2) A person who holds a licence or registration document must return it to the Registrar as soon as is practicable after being asked to do so by the Registrar under subsection (1). 10 penalty units. S. 221ZFB inserted by No. 31/2007 s. 11. 221ZFB Licensed plumber to produce licence for inspection s. 221ZFB A licensed plumber must produce his or her licence for inspection if asked to do so by— (a) any person— (i) with whom the licensed plumber has entered into a contract to carry out plumbing work or specialised plumbing work; or
S. 221ZJ inserted by No. 39/1996 s. 5. 221ZJ Details on certificates must be accurate s. 221ZJ 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. 221ZK inserted by No. 39/1996 s. 5. 221ZK Only licensed plumbers may sign certificates A person must not— S. 221ZK(a) amended by No. 75/1998 s. 5(b). (a) sign a compliance certificate form issued by, or on behalf of, the Commission unless he or she is a licensed plumber; or S. 221ZK(b) amended by No. 75/1998 s. 5(b). (b) sign a document that has not been issued by, or on behalf of, the Commission and that purports to be a compliance certificate. 60 penalty units. S. 221ZKA inserted by No. 96/2004 s. 16. 221ZKA Issue of certificates by the Commission (1) The Commission may authorise a person to issue and sign a compliance certificate on its behalf if plumbing work in respect of which a compliance certificate must be issued under section 221ZH is completed and the licensed plumber who carried out the work— (a) did not issue a certificate in respect of the work, and is dead or cannot be located after reasonable enquiries have been made; or (b) is under a physical or legal disability that prevents him or her from issuing a certificate in respect of the work. (2) A person who requests a compliance certificate under this section is liable to pay— s. 221ZKA (a) any fee or fees specified by the regulations for the purposes of this section; and
was not supplied by the person carrying out the work); and (c) the cost of the labour involved in the work. S. 221ZLA inserted by No. 75/1998 s. 12. 221ZLA Building practitioner must transfer compliance certificate to owner (1) This section applies if— (a) a licensed plumber carries out any plumbing work to which section 221ZH applies for a building practitioner in or on any premises that the building practitioner does not own; and (b) the plumber gives the building practitioner (or an agent of the building practitioner) the compliance certificate in respect of the work. S. 221ZLA(2) amended by No. 96/2004 s. 18, substituted by No. 31/2007 s. 12. (2) The building practitioner must give the compliance certificate to the owner of the premises (or to the owner's agent) within 5 days after the day the building practitioner (or the building practitioner's agent) is given the compliance certificate. 3 penalty units. S. 221ZLB inserted by No. 96/2004 s. 17. 221ZLB Other people must also transfer compliance certificate to owner s. 221ZLB (1) This section applies if— (a) a licensed plumber carries out any plumbing work to which section 221ZH applies for a person other than a building practitioner in or on any premises that the person does not own; and (b) the plumber gives the person (or an agent of the person) the compliance certificate in respect of the work. (2) The person must give the compliance certificate to the owner of the premises (or to the owner's agent)
effect on 24 March 1997, despite anything to the contrary in this section or in the order. S. 221ZQ(5C) inserted by No. 34/1997 s. 21. (5C) Any reference in any document (other than this Act) to the order of the Minister under this section published in the Government Gazette on 28 February 1997 is deemed to be a reference to the order referred to in subsection (5B), unless a contrary intention expressly appears. (6) In this section insurance includes— s. 221ZQ (a) professional indemnity insurance; (b) a performance bond; (c) a guarantee; (d) an indemnity; (e) public liability insurance; (f) insurance relating to a particular project; (g) insurance taken out by any body or person that relates to the work of a licensed plumber; (h) any agreement or instrument in the nature of an item set out in paragraphs (a) to (g). S. 221ZR inserted by No. 39/1996 s. 5, amended by No. 33/2010 s. 44. 221ZR Offence to work as plumber without required insurance A licensed plumber must not carry out any plumbing work unless he or she is covered by the required insurance. 500 penalty units. S. 221ZS inserted by No. 39/1996 s. 5, amended by No. 33/2010 s. 45. 221ZS Offence to claim to be insured when uninsured A person who carries out, or offers to carry out, any plumbing work and who is not covered by the required insurance must not hold himself or herself out as being covered by that insurance. 500 penalty units.
(a) that particular plumbing work does not comply with the plumbing laws; or (b) that a real threat to health and safety exists as a result of the improper installation or maintenance of a sanitary drain or an appliance or fixture that uses water or gas; or (c) that there is infiltration of groundwater or stormwater into private sanitary drains— (i) from surface areas; or (ii) from downpipes; or (iii) due to gullies being fitted at an inappropriate level; or (iv) due to defective plumbing work. S. 221ZZZD(2) amended by No. 75/1998 s. 5(b). (2) GASCOR or the water authority may ask the Commission in writing to inspect the work or drain, appliance or fixture. S. 221ZZZD(3) amended by No. 75/1998 s. 5(b). (3) On receiving such a request and a copy of the evidence, the Commission must cause an inspection to be made of the work or drain, appliance or fixture. Pt 12A Div. 10A (Heading and ss 221ZZZDA –221ZZZEB) inserted by No. 31/2007 s. 14. Division 10A—Plumbing infringements S. 221ZZZDA inserted by No. 31/2007 s. 14. 221ZZZDA Definitions s. 221ZZZDA In this Division— authorised officer means—
S. 221ZZZH inserted by No. 39/1996 s. 5. 221ZZZH Procedure concerning inquiries s. 221ZZZH S. 221ZZZH(1) amended by No. 75/1998 s. 5(b). (1) To start an inquiry, the Commission 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 S. 221ZZZH (1)(d) amended by No. 75/1998 s. 5(b). (d) the fact that the person may make oral and written submissions to the Commission in relation to the inquiry; and (e) a copy of section 221ZZZJ. S. 221ZZZH(2) amended by No. 75/1998 s. 5(b). (2) The Commission may conduct an inquiry in the absence of the person whose conduct or competence is being inquired into if it is satisfied that the person received the details listed in subsection (1). S. 221ZZZI inserted by No. 39/1996 s. 5, amended by No. 75/1998 s. 5(c). 221ZZZI How inquiry to be conducted Clauses 12, 15, 16, 17, 18(1) and 19 of Schedule 3 apply to an inquiry under this Division as if a reference in those clauses to the Building Appeals Board was a reference to the Plumbing Industry Commission.