Legislative and regulatory amendments

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

On 28 November 2023, Victoria introduced the Building and Plumbing Amendment (Solar Water Heater and Other Matters) Regulations 2023.

These changes amend Plumbing Regulations 2018 and included some changes effective from 28 November 2023 and other changes that are effective from 1 May 2024.

Stage one: Plumbing amendments that come into effect immediately

Allowing any type of solar or heat pump water heater that meets relevant energy efficiency performance standards to be installed in areas with reticulated natural gas, meaning removing the requirement for a gas-boosted solar water heater to always be installed in those areas.

Note: At this stage, requirements for orientation, inclination and performance prescribed in the Plumbing Regulations 2018 (Schedule 2) remain in place until Stage 2 of the amendments are applicable.

Stage two: Plumbing amendments commencing on 1 May 2024

From 1 May 2024, the solar water heater requirements in the NCC 2022 Volume Three - PCA will apply, instead of those in the Plumbing Regulations 2018 (see note above), which include:

  • Solar collector orientation and inclination must comply with AS/NZS 3500.4 Plumbing and Drainage, Part 4: Heated water service, which make minor changes to the existing requirements.
  • Minimum performance requirements.

Transition provisions

After 1 May 2024, if a solar water heater is installed to comply with NCC 2019 Volume Two Energy Efficiency Provisions (as documented in the relevant building permit), the requirements that existed prior to 1 May 2024 in Schedule 2 of the Regulations, for solar collector positioning and energy performance, will continue to apply.

If you have a technical enquiry about NCC 2022, please complete the NCC 2022 - Building / Plumbing Technical Enquiry Form.

The Technical and Regulation team will provide a response within 5-10 business days.

FAQs

On 28 November 2023, after the Building and Plumbing Amendment (Solar Water Heater and Other Matters) Regulations 2023 were made by the Governor in Council.

Stage 1: Comes into effect on 28 November 2023

Regulation

Description of change

5

Re-insertion of definition of AS 1851 Routine service of fire protection systems and equipment.

9(1)(c)

Administrative change to enable insertion of additional clauses after Regulation 9(1)(c).

9(1)

Additions to the regulation to confirm delayed implementation of 1 May 2024 for NCC 2022 energy efficiency provisions for:

  • Vic B6D2
  • Vic B7D4

in Schedule 10 of NCC 2022 Volume Three – Plumbing Code of Australia.

Clause 11(4) of Schedule 2

Removed restriction on gas boosted solar water heaters in gas reticulated areas.

Stage 2: Comes into effect on 1 May 2024

Regulation

Description of change

5

Removal of following definitions relating to the revocation of solar water heater requirements in Schedule 2:

  • AS/NZS 4234
  • Climate zone 4
  • Solar pre-heater
  • Solar water heater
  • Thermal energy load.

9(2) and (3)

Consequential amendments to revoke regulation 9(3) relating to AS/NZS 4234.

Regulation 58

New Regulation 58 inserted to provide transitional provisions for installation of solar water heaters on or after 1 May 2024.

Clause 9, 10 and 11 of Schedule 2

Solar water heater requirements revoked due to energy efficiency provisions in NCC 2022 Volume Two becoming mandatory.

The Amendment Regulations can be found on the Victorian Legislation website.

Stage 1 – Effective from 28 November 2023

Allowing any type of solar or heat pump water heater that meets relevant energy efficiency performance standards to be installed in areas with reticulated natural gas, meaning removing the requirement for a gas-boosted solar water heater to always be installed in those areas.

Note: At this stage, requirements for orientation, inclination and performance prescribed in the Plumbing Regulations 2018 (Schedule 2) remain in place until Stage 2 of the amendments are applicable.

Stage 2 – From 1 May 2024 onwards

From 1 May 2024, the solar water heater requirements in the NCC 2022 Volume Three - PCA will apply, instead of those in the Plumbing Regulations 2018 (see note above), which include:

  • Solar collector orientation and inclination must comply with AS/NZS 3500.4 Plumbing and drainage, Part 4: Heated water service, which make minor changes to the existing requirements).
  • Minimum performance requirements.
  • Transition provisions: After 1 May 2024, if a solar water heater is installed to comply with NCC 2019 Volume Two Energy Efficiency Provisions (as documented in the relevant building permit), the requirements that existed prior to 1 May 2024 in Schedule 2 of the Regulations, for solar collector positioning and energy performance, will continue to apply.

There will be transitional provisions in place for solar (including heat pump water) water heaters that are installed on or after 1 May 2024. If the system is being installed in a new class 1 building to comply with NCC 2019 Volume Two Energy Efficiency Provisions (as documented in the relevant building permit), the solar and heat pump water heater must  comply with Clauses 9, 10 and 11 of Schedule 2 of the Regulations that existed before 1 May 2024.

Requirements for solar water heaters in Schedule 2 of the Plumbing Regulations 2018 were created to support Victoria’s variations to energy efficiency requirements in the NCC Volume Two. These variations were removed from NCC 2022, which means the related requirements in the Regulations can also be removed.

No retrofitting is required for systems that were installed before changes took effect.

The Amendment Regulations complement updates to planning rules which prohibit new homes and residential subdivisions that require a planning permit from connecting the gas network from 1 January 2024.

The planning rule updates will apply to new planning permit applications submitted from 1 January 2024 for new dwellings in both greenfield and infill sites, as well as all new public and social housing delivered by Homes Victoria.

For further information visit the Energy Victoria website.

If a solar water heater is installed from 28 November 2023 to comply with NCC 2019 Volume Two – Energy Efficiency Provisions, apply the following plumbing requirements:

  1. Positioning of solar collectors must comply with Clause 9 of Schedule 2 of the Regulations.
  2. The system must perform to a minimum 60 per cent energy savings in accordance with AS/NZS 4234.
  3. Be either a heat pump, gas boosted solar or electric boosted solar water heater.
  4. Have a legible label that complies with Clause 11 of Schedule 2 if the system is a solar water heater.

Building and Plumbing Amendment (National Construction Code and Other Matters) Regulations 2023

On 26 September 2023, the Governor in Council amended the Plumbing Regulations 2018. The amendments enable:

  • Adoption of 2021 plumbing standards AS/NZS 3500 Parts 1 to 4 into the plumbing regulatory framework.
  • Streamlined placement for definition and technical requirements for fire protection, mechanical services, refrigerated air conditioning and roofing (stormwater) work in the Victorian Schedule 10 of PCA 2022.
  • Stronger regulatory links for deemed to satisfy energy efficiency provisions (rainwater tank or solar water heater requirements of NCC2019 Vol. 2).
  • Updated references to adopt the new clause numbering system in PCA 2022.

FAQs

On 26 September 2023, when the Building and Plumbing Amendment (National Construction Code and Other Matters) Regulations 2023 were made by the Governor in Council.

Regulation

Description of change

5

Amendments to definitions –

  1. Reference to the 2018 edition of AS/NZS 3500.1 and AS/NZS 3500.2 have   been removed and replaced with “as issued, published or remade from time to   time”. This means the latest edition (currently 2021) of these plumbing   standards must be used.
  2. Revoking a number of duplicate standards in the Definitions which are   no longer required as they have been relocated to PCA 2022.

9(3)

Replaces the requirement for plumbing work to comply with the 2018 versions of AS/NZS 3500 Parts 1 to 4 with the latest versions of the published standards. This brings it into alignment with PCA 2022.

18, 22, 24 and 26

Consequential amendments due to consolidation of relevant standards of plumbing work into PCA 2022.

These regulations have been updated to point to relevant sections of the PCA 2022 which describes the requirements and standards of work required for fire protection, mechanical services, refrigerated air conditioning and roofing (stormwater) work.

Divisions 2, 3 and 4 of Part 1 of Schedule 2

These parts have been revoked due to consolidation of relevant standards of plumbing work into PCA 2022.

Clause 5 of Division 5 of Part 1 of Schedule 2

Consequential amendments due to consolidation of relevant standards of plumbing work into PCA 2022.

As SAA/SNZ HB 114 is not referenced within PCA 2022, this standard remains within the Plumbing Regulations 2018.

Note to Clause 8 and Clause 11 of Schedule 2

Amended to refer to BCA Volume Two 2019 Amendment 1 to clarify application of those standards.

Clause 12(2) of Schedule 2

Amended reference to PCA clause to align with PCA 2022 and the new clause referencing system introduced in NCC 2022

The Amendment Regulations can be found on the Victorian Government Legislation website.

Yes, the Amendment Regulations did not change the reference to the 2008 edition of AS/NZS 4234. The transitional arrangement remains in place for the 2021 edition of AS/NZS 4234, aligning with the new NCC 2022 energy efficiency requirements, with a mandatory commencement date of 1 May 2024.

From the date of the regulatory amendment, AS/NZS 3500 Parts 1 to 4 will revert back to the latest version as issued, published or remade from time to time. The latest version as of the date of the regulatory amendment is the 2021 editions, as published by Standards Australia. This edition is also the same as that referenced in the Plumbing Code of Australia 2022.

Plumbing Amendment Regulations 2022

On 18 October 2022, the Governor in Council amended the Plumbing Regulations 2018:

  • Remove the need to hold a Restricted Electrical Worker’s Licence (Class 2) as a pre-requisite of gaining qualification in Type A appliance servicing work – practitioners applying for accreditation in the class of Type A Appliance Servicing Work will no longer be required to hold a Restricted Electrical Workers Licence (Class 2). All other registration and licensing requirements remain unchanged.
  • Confirmed that the 2018 editions of AS/NZS 3500 Parts 1 to 4 and 2008 edition of AS/NZS 4234 must be used instead of the latest 2021 version. [Please note that the Building and Plumbing Amendment (National Construction Code and Other Matters) Regulations 2023 now require the latest version of AS/NZS 3500 Parts 1 to 4 to be used.] See below for more information.
  • Corrected a number of minor referencing errors and other administrative changes.

On 18 October 2022, after the Plumbing Amendment Regulations 2022 were made by the Governor in Council.

There are three broad areas that are covered by the regulatory amendment. These are:

a) Reducing the qualification requirements associated with Type A Appliance Servicing Work

  • Practitioners applying for accreditation in the specialised class of Type A Appliance Servicing Work will no longer be required to hold a Restricted Electrical Workers Licence (Class 2). All other registration and licensing requirements remain unchanged.
  • These changes were made when concerns were raised that the restricted electrical licence (REL) requirement has been a barrier to plumbers taking out this specialised class.
  • Although the requirement to hold this REL reflects that some servicing jobs, like isolating and reconnecting the appliance from the mains supply, require interaction with the electrical componentry of the gas appliance, most servicing jobs do not require this skillset.
  • Despite this change, the electrical safety requirements administered by Energy Safe Victoria (ESV) remain unchanged. This means that if a gas servicing job involves electrical work, the gasfitter must hold the ESV REL or other appropriate ESV licence, or alternatively an electrician needs to be engaged to assist with the electrical work involved in the service job.

b) Confirming which version of plumbing standards to use

  • The existing transitional arrangements for AS/NZS 3500 Parts 1 to 4 and AS/NZ 4234, communicated to plumbers in September 2022, remain unchanged.
  • In September, following the decision to delay the adoption of the 2022 edition of the National Construction Code (NCC), the VBA extended the existing transition period for revised standards AS/NZS 3500 parts 1 to 4, before they need to be applied to plumbing practices on 1 May 2023.
  • In addition, the extension period for AS/NZS 4234 was extended to align with the transition period for new energy efficiency requirements proposed in NCC 2022 and will commence on 1 October 2023.

    NOTE: Please note that the Building and Plumbing Amendment (National Construction Code and Other Matters) Regulations 2023 have removed reference to the 2018 edition of AS/NZS 3500 series. Instead, the latest edition (currently 2021) must be used.

c) Minor administrative changes

  • The following administrative changes have been made:
    1. Revoking the definitions of class 1, class 1a, class 10a and network utility operator as these are already defined in the Plumbing Code of Australia (PCA).
    2. Correcting a reference under Regulation 6 (7) of the Plumbing Regulations 2018.
    3. Correcting a reference under Clause 12 (2) of Schedule 2 of the Plumbing Regulations 2018 so that it references the right clause in the PCA.

On 18 October 2022, the Restricted Electrical Worker’s Licence (REL) (Class 2) requirement for gaining qualification in Type A appliance servicing work will be revoked as part of the amendment to the Plumbing Regulations 2018.

This will apply to both licencing and registration in this specialised plumbing class. These changes were made when concerns were raised that the REL requirement was a barrier to plumbers taking out this specialised class. This change will make gaining entry into this specialised plumbing class easier, lower the costs of entry and reduce the timeframe for gaining competency.

A reimbursement will not be offered. The Restricted Electrical Workers Licence (REL) allows you to carry out “disconnect/reconnect” work which would normally require an electrician, therefore there is still value in having this qualification.

Note that the electrical safety requirements administered by Energy Safe Victoria (ESV) remain unchanged. This means that if a gas servicing job involves electrical work, the gasfitter must hold the ESV REL or other appropriate ESV licence, or an electrician needs to be engaged to assist with the electrical work involved in the service job.

You may elect to finish your course as there are still benefits to holding a Restricted Electrical Workers Licence (REL), such as being able to carry out “disconnect/reconnect” without having to engage an electrician (see previous answer in Q4).

No, it does not. You will need to hold an appropriate electrical licence, such as a Restricted Electrical Workers Licence (REL), when carrying out “disconnect/reconnect” work for appliances that are directly connected to mains power supply.

Download the latest copy of the Plumbing Amendment Regulations 2022.

Gasfitters do not need to include a copy of the Restricted Electrical Worker’s Licence (REL) with their application.

You can carry out any service work on Type A gas appliances that do not require:

  1. Disconnection and reconnection from the power supply source.
  2. Electrical wiring and installation work at low voltage or above.

All fixed electrical installation work requires a licenced electrician.

Access more information on the Energy Safe Victoria (ESV) website.

Access information about Type A Appliance Servicing work and how to apply.