Compliance Certificates And Fire Protection Work

The VBA has provided guidance to licensed plumbing practitioners about when a compliance certificate is required for fire protection work under the Plumbing Regulations 2018.

This guidance also outlines timelines for issuing and lodging compliance certificates, potential penalties for non-compliance, and examples of applicable for protection work.

What is fire protection work?

Fire protection work (Regulation 17 of the Plumbing Regulations 2018) includes:

• Construction, installation, replacement, repair, alteration, routine servicing, maintenance, testing or commissioning of any part of a water service used for fire fighting:
  • from the point of connection to the water supply,
  • up to and including any fire protection equipment forming part of that service.

• Any design work that is incidental to or associated with the above.

Fire protection equipment includes any of the following:

(a) a fire hydrant or hose reel,

(b) a residential or domestic fire sprinkler system,

(c) a commercial or industrial fire sprinkler system,

(d) a fire system pumpset.

Routine servicing means the inspection (including survey), testing and preventative maintenance of fire protection equipment carried out in accordance with AS 1851.

Fire protection work is NOT commissioning of a fire system pumpset.

When is a compliance certificate required?

A licensed plumbing practitioner in the class of fire protection must issue a compliance certificate when carrying out/supervising fire protection work that has a total value of $750 or more (including labour, materials, fixtures, appliances, and GST), regardless of who purchased or provided them.

Examples of fire protection work requiring a compliance certificate

Timeframe for issuing and lodging compliance certificates

• A licensed plumber must issue a signed compliance certificate within five working days of completing the work to the person whom the work was carried out for (usually the consumer).

• The plumber must lodge the compliance certificate with the VBA within five working days of completing the work.

Consequences of non-issue or lodgment of compliance certificates

Failure to issue or lodge a compliance certificate within the required timeframe is an offence and may result in:

• An infringement penalty for each offence.

• Referral to a disciplinary inquiry, which may lead to penalties such as fines, and/or license suspension or cancellation.

Consumer rights and responsibilities

• The person who engaged the plumber (usually the property owner) should receive a compliance certificate within five working days after the plumbing work is completed.

• The certificate serves as an important record protecting the consumer against faulty workmanship. (Some appliance manufacturers may limit their warranty if a compliance certificate cannot be produced on request).

• The licensed plumber cannot withhold the issue of a compliance certificate due to late or nonpayment.

• If a compliance certificate is not received, the consumer should contact the licensed plumber and, if necessary, report the issue to the VBA.

• Practitioners must also be reminded that their professional conduct and services are governed not only by the Building Act, but also by Australian Consumer Law, which requires that services be provided with due care and skill and be fit for purpose. This places a broader responsibility on plumbers to act in accordance with consumer protection legislation.

Obligation to Maintain Workmanship Standards (Regulation 14)

All plumbing work must be done in a good and workmanlike manner, with regard to the manufacturer's instructions. This applies to both the plumber doing the work and any licensed plumber supervising others. These obligations apply to all classes of plumbing, including Fire protection work, and are essential for ensuring compliance and safety.

Summary of Key Obligations for Licensed Plumbers for Fire protection work