Building (Cooling Towers and Plumbing) (Amendment) Act 2004

Victorian Legislation and Parliamentary Documents i Building (Cooling Towers and Plumbing) (Amendment) Act 2004 Act No. 96/2004 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY MATTERS 1 1. Purpose 1 2. Commencement 2 PART 2—AMENDMENTS CONCERNING COOLING TOWER SYSTEMS 3 Division 1—Provisions Commencing on the Day after Royal Assent 3 3. Certificates may be given after expiry of registration 3 4. Insertion of section 75DI 3 75DI. Validation of previous registrations where application made out of time 3 Division 2—Provisions Commencing on 1 March 2005 4 5. Insertion of section 75AC 4 75AC. When cooling tower system is in operation 4 6. Substitution of Divisions 2 and 3 of Part 5A 5 Division 2—Requirement to Register and Registration Process 5 75B. Cooling tower system must be registered 5 75C. Applications for registration or renewal of registration 5 7. Consequential and minor amendments 6 8. Substitution of section 75DC 6 75DC. Period of registration 6 75DCA. Owner of land may request synchronisation of registration period when applying for registration 7 75DCB. Owner of land with multiple systems may request variation to registration expiry date 8 9. Consequential amendment concerning registration periods 9 10. Substitution of section 75EA 9 75EA. Owner must ensure risk management plan prepared 9 11. Additional reviews of risk management plans to be conducted 9 12. Audits 11 -- 1 of 20 -- Victorian Legislation and Parliamentary Documents Section Page ii 13. Restriction on coverage of improvement notices 12 14. Insertion of section 75JF 12 75JF. Disclosure of information to other statutory bodies 12 PART 3—AMENDMENTS CONCERNING PLUMBING 14 15. Effect of late issuing of compliance certificates 14 16. Insertion of section 221ZKA 14 221ZKA. Issue of certificates by the Commission 14 17. Insertion of section 221ZLB 16 221ZLB. Other people must also transfer compliance certificate to owner 16 18. Minor consequential amendment 16 19. Compliance certificates for sanitary drains 16 20. Qualifications of the Commissioner 17 21. Functions of the Commission 17 22. Meetings of Boards 17 ═══════════════ ENDNOTES 18 -- 2 of 20 -- Victorian Legislation and Parliamentary Documents 1 Building (Cooling Towers and Plumbing) (Amendment) Act 2004† [Assented to 14 December 2004] The Parliament of Victoria enacts as follows: PART 1—PRELIMINARY MATTERS 1. Purpose The purpose of this Act is to amend the Building Act 1993— (a) to make changes concerning the registration of cooling tower systems, and risk management plans and risk management plan audits in relation to those systems; and Victoria No. 96 of 2004 -- 3 of 20 -- Victorian Legislation and Parliamentary Documents Part 1—Preliminary Matters Building (Cooling Towers and Plumbing) (Amendment) Act 2004 Act No. 96/2004 2 (b) to make changes concerning compliance certificates issued for certain plumbing work; and (c) to make various miscellaneous amendments to that Act in relation to plumbing matters. 2. Commencement (1) This Act (other than Division 2 of Part 2 and sections 16 and 19) comes into operation on the day after the day on which it receives the Royal Assent. (2) Division 2 of Part 2 comes into operation on 1 March 2005. (3) Sections 16 and 19 come into operation on a day or days to be proclaimed. (4) If a provision referred to in sub-section (3) does not come into operation before 1 February 2006, it comes into operation on that day. __________________ s. 2 -- 4 of 20 -- Victorian Legislation and Parliamentary Documents Part 2—Amendments Concerning Cooling Tower Systems Building (Cooling Towers and Plumbing) (Amendment) Act 2004 Act No. 96/2004 3 PART 2—AMENDMENTS CONCERNING COOLING TOWER SYSTEMS Division 1—Provisions Commencing on the Day after Royal Assent 3. Certificates may be given after expiry of registration After section 75DA(4) of the Building Act 1993 insert— "(5) The Commission may give a person a certificate of renewal of registration regardless of whether or not the application for renewal was made before the registration to be renewed expired.". 4. Insertion of section 75DI After section 75DH of the Building Act 1993 insert— "75DI. Validation of previous registrations where application made out of time The following registrations and renewals of registration are deemed to have been validly made— (a) any registration by the Commission of a cooling tower system that was in working condition immediately before s. 3 See: Act No. 126/1993. Reprint No. 5 as at 31 May 2003 and amending Act Nos 26/2001, 60/2003, 102/2003 and 35/2004. LawToday: www.dms. dpc.vic. gov.au -- 5 of 20 -- Victorian Legislation and Parliamentary Documents Part 2—Amendments Concerning Cooling Tower Systems Building (Cooling Towers and Plumbing) (Amendment) Act 2004 Act No. 96/2004 4 1 March 2001 where the application for registration was made after 1 September 2001; (b) any registration by the Commission of any other cooling tower system where the application for registration was made after the system was brought into operation; (c) any renewal of registration by the Commission of a cooling tower system where the application for the renewal was made after the expiry of the previous registration.". Division 2—Provisions Commencing on 1 March 2005 5. Insertion of section 75AC After section 75AB of the Building Act 1993 insert— "75AC. When cooling tower system is in operation (1) For the purposes of this Part, once a cooling tower system starts operation (whether initially, or after being recommissioned), it remains in operation until— (a) it is decommissioned or removed; and (b) the owner of the system has notified the Commission in writing that it has been decommissioned or removed. (2) For the purposes of this Part, a cooling tower system is in operation even if the only purpose for which it is in operation is to enable the conducting of tests associated with the installation or commissioning or re- commissioning of the system.". s. 5 -- 6 of 20 -- Victorian Legislation and Parliamentary Documents Part 2—Amendments Concerning Cooling Tower Systems Building (Cooling Towers and Plumbing) (Amendment) Act 2004 Act No. 96/2004 5 6. Substitution of Divisions 2 and 3 of Part 5A For Divisions 2 and 3 of Part 5A of the Building Act 1993 substitute— "Division 2—Requirement to Register and Registration Process 75B. Cooling tower system must be registered The owner of any land on which there is a cooling tower system must ensure that the system is registered with the Commission at all times that the system is in operation. Penalty: 120 penalty units. 75C. Applications for registration or renewal of registration (1) A person who seeks to apply to register, or to renew the registration of, a cooling tower system, must— (a) submit the appropriate application form to the Commission; and (b) submit with the form any relevant fee required by the regulations. (2) The form— (a) must be prepared in accordance with any requirements specified in the regulations; and (b) must include all the details required by the regulations; and (c) must be submitted in accordance with the regulations.". s. 6 -- 7 of 20 -- Victorian Legislation and Parliamentary Documents Part 2—Amendments Concerning Cooling Tower Systems Building (Cooling Towers and Plumbing) (Amendment) Act 2004 Act No. 96/2004 6 7. Consequential and minor amendments (1) In the Building Act 1993— (a) omit the heading to Division 4 of Part 5A; (b) section 75D is repealed; (c) in section 75DA(1)(a), after "or renewal occurred" insert ", and when the registration will next expire". (2) For section 75DB(2) of the Building Act 1993 substitute— "(2) The owner of the land is only required to submit one application for registration in respect of the cooling tower systems, but must give details of each system in the application.". (3) In section 75DF(1)(b) of the Building Act 1993 omit "permanent". 8. Substitution of section 75DC For section 75DC of the Building Act 1993 substitute— "75DC. Period of registration (1) The initial registration of a cooling tower system expires on the day before the anniversary of the date the application for registration was received by the Commission. (2) The renewal of registration of a cooling tower system expires on the day before the anniversary of the date the registration was last renewed. (3) Despite sub-section (2), if an application for the renewal of a registration is received by the Commission within the 60 days after the registration expired, the renewal of s. 7 -- 8 of 20 -- Victorian Legislation and Parliamentary Documents Part 2—Amendments Concerning Cooling Tower Systems Building (Cooling Towers and Plumbing) (Amendment) Act 2004 Act No. 96/2004 7 registration expires on the day before the anniversary of the day on which the registration expired. (4) In the circumstances outlined in sub- section (3)— (a) the granting of the certificate of renewal of registration does not affect the unregistered status of the system between the expiry of the previous registration and the granting of the certificate; and (b) the full annual fee for the renewal of registration must still be paid. (5) This section is subject to anything to the contrary in section 75DCA or 75DCB. 75DCA. Owner of land may request synchronisation of registration period when applying for registration (1) This section applies if the owner of land applies for the registration, or renewal of registration, of a cooling tower system that is on the land and either— (a) there are 2 or more cooling tower systems on the land, at least one of which is registered; or (b) the owner owns other land on which there are one or more registered cooling tower systems. (2) The owner of the land may request that the Commission synchronise the date of expiry of registration of the system with the date of expiry of registration of any other cooling tower system that is on the land, or the other land (as the case may be). s. 8 -- 9 of 20 -- Victorian Legislation and Parliamentary Documents Part 2—Amendments Concerning Cooling Tower Systems Building (Cooling Towers and Plumbing) (Amendment) Act 2004 Act No. 96/2004 8 (3) If the Commission agrees to such a request— (a) it must specify on the certificate of registration, or renewal of registration, that the registration of the system will next expire on the requested date; and (b) the fee payable for the registration or renewal of registration of the system is to be reduced pro rata (calculated to the nearest day) to take account of the shorter registration period. 75DCB. Owner of land with multiple systems may request variation to registration expiry date (1) This section applies if— (a) there are 2 or more registered cooling tower systems on land; or (b) a person owns 2 or more separate lots of land on each of which there are one or more registered cooling tower systems. (2) The owner of the land may request that the Commission vary the date of expiry of registration of one or more of the systems so that the varied date coincides with the date of expiry of registration of any other cooling tower system that is on the land, or on one of the lots of land (as the case may be). (3) If the Commission agrees to such a request— (a) it must issue a new certificate of registration, or renewal of registration, in respect of each system in respect of which the request is made that specifies the revised date as the date on which the registration of the system will next expire; and s. 8 -- 10 of 20 -- Victorian Legislation and Parliamentary Documents Part 2—Amendments Concerning Cooling Tower Systems Building (Cooling Towers and Plumbing) (Amendment) Act 2004 Act No. 96/2004 9 (b) it must pay to the owner as a refund an amount representing the pro rata amount (calculated to the nearest day) of the registration fee that is applicable to the period by which the registration period was reduced.". 9. Consequential amendment concerning registration periods After section 75DD(2) of the Building Act 1993 insert— "(3) If a certificate of the renewal of registration is issued, the registration is deemed to have been renewed on the day after the day on which it would have expired had it not been renewed.". 10. Substitution of section 75EA For section 75EA of the Building Act 1993 substitute— "75EA. Owner must ensure risk management plan prepared The owner of any land on which there is a cooling tower system must take all reasonable steps to ensure that a risk management plan exists in respect of the system at all times that the system is in operation. Penalty: 60 penalty units.". 11. Additional reviews of risk management plans to be conducted (1) In section 75EB(1) of the Building Act 1993, for "every registration period" substitute "any 12 month period". s. 9 -- 11 of 20 -- Victorian Legislation and Parliamentary Documents Part 2—Amendments Concerning Cooling Tower Systems Building (Cooling Towers and Plumbing) (Amendment) Act 2004 Act No. 96/2004 10 (2) For section 75EB(2) of the Building Act 1993 substitute— "(2) The owner must also take all reasonable steps to ensure that the risk management plan is reviewed if— (a) legionella is detected in the system on 2 or more occasions in any period of 12 months; or (b) the owner is given written advice by the Secretary to the Department of Human Services that a case of legionnaires' disease is associated with the system; or (c) the owner receives a report from the Secretary to the Department of Human Services, or from any person engaged by the owner or the owner of the system, that control measures used in respect of the system are inadequate or require improvement; or (d) there is a significant change in any of the environmental conditions under which the system operates or in the operation of the system; or (e) the owner receives an audit certificate that states that the plan does not address the risks specified in the regulations. (3) The owner must comply with sub-section (2) as soon as is practicable after the occurrence of the relevant triggering event. Penalty: 60 penalty units.". s. 11 -- 12 of 20 -- Victorian Legislation and Parliamentary Documents Part 2—Amendments Concerning Cooling Tower Systems Building (Cooling Towers and Plumbing) (Amendment) Act 2004 Act No. 96/2004 11 12. Audits (1) For sections 75F(1)(a) and 75F(1)(b) of the Building Act 1993 substitute— "(a) whether the plan complied with section 75E(2) throughout the audit period; and (b) whether the plan has been implemented during the audit period; and (c) whether the plan has been reviewed within the 12 months immediately before the audit.". (2) After section 75F(3) of the Building Act 1993 insert— '(4) In this section the "audit period" is the period in respect of which the audit is undertaken.'. (3) For section 75FA(1) of the Building Act 1993 substitute— "(1) The owner of any land on which there is a cooling tower system must take all reasonable steps to ensure that a risk management plan audit is conducted annually in relation to the risk management plan prepared in respect of the system. Penalty: 60 penalty units.". (4) Section 75FA(3) of the Building Act 1993 is repealed. s. 12 -- 13 of 20 -- Victorian Legislation and Parliamentary Documents Part 2—Amendments Concerning Cooling Tower Systems Building (Cooling Towers and Plumbing) (Amendment) Act 2004 Act No. 96/2004 12 (5) In section 75FB(1) of the Building Act 1993— (a) in paragraph (b), for "implemented." substitute "implemented; and"; (b) after paragraph (b) insert— "(c) whether the plan has been reviewed within the 12 months immediately before the audit.". (6) For sections 75FB(3) and 75FB(4) of the Building Act 1993 substitute— "(3) The auditor must give the Secretary to the Department of Human Services a copy of the information in the audit certificate within 7 days after completing the certificate. Penalty: 60 penalty units.". 13. Restriction on coverage of improvement notices In section 75JE(1)(a) and 75JE(1)(b) of the Building Act 1993, omit "5A or". 14. Insertion of section 75JF After section 75JE of the Building Act 1993 insert— "75JF. Disclosure of information to other statutory bodies The Secretary to the Department of Human Services may disclose any information that the Secretary has regarding cooling tower systems, or a particular cooling tower system, to all or any of the following bodies if, in the opinion of the Secretary, the disclosure would assist the body to carry out one or more of its statutory functions— (a) the Victorian WorkCover Authority; (b) a municipal council; s. 13 -- 14 of 20 -- Victorian Legislation and Parliamentary Documents Part 2—Amendments Concerning Cooling Tower Systems Building (Cooling Towers and Plumbing) (Amendment) Act 2004 Act No. 96/2004 13 (c) the Environment Protection Authority; (d) a company that holds a water and sewerage licence under the Water Industry Act 1994; or (e) an Authority that has a sewerage district under the Water Act 1989.". __________________ s. 14 -- 15 of 20 -- Victorian Legislation and Parliamentary Documents Part 3—Amendments Concerning Plumbing Building (Cooling Towers and Plumbing) (Amendment) Act 2004 Act No. 96/2004 14 PART 3—AMENDMENTS CONCERNING PLUMBING 15. Effect of late issuing of compliance certificates After section 221ZH(5) of the Building Act 1993 insert— "(6) If a licensed plumber gives a person a signed compliance certificate, but fails to do so within 5 days after the completion of the relevant work, or fails to comply with sub-section (2)(b), the failure to comply with sub-section (2) does not affect the validity of the certificate. (7) Sub-section (6) applies regardless of whether the compliance certificate was given before, on or after the day sub-section (6) took effect.". 16. Insertion of section 221ZKA After section 221ZK of the Building Act 1993 insert— '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. s. 15 -- 16 of 20 -- Victorian Legislation and Parliamentary Documents Part 3—Amendments Concerning Plumbing Building (Cooling Towers and Plumbing) (Amendment) Act 2004 Act No. 96/2004 15 (2) A person who requests a compliance certificate under this section is liable to pay— (a) any fee or fees specified by the regulations for the purposes of this section; and (b) any costs incurred by or on behalf of the Commission to enable the certificate to be issued and signed. (3) Sub-section (2) applies even if a certificate is not ultimately issued and signed under this section. (4) For the purposes of this section, section 221ZI(1) applies as if— (a) a reference to a licensed plumber was a reference to the person authorised by the Commission to sign the certificate; and (b) there were substituted for paragraph (b) the following paragraph— "(b) states that he or she has inspected or tested the work as far as is practicable and that he or she is authorised by the Commission to issue compliance certificates under section 221ZKA; and". (5) Section 221ZK(a) does not apply to the signing of a compliance certificate by a person who has been authorised to sign the certificate under this section. (6) A certificate that is issued under this section is to be treated as if it had been issued in accordance with section 221ZH.'. s. 16 -- 17 of 20 -- Victorian Legislation and Parliamentary Documents Part 3—Amendments Concerning Plumbing Building (Cooling Towers and Plumbing) (Amendment) Act 2004 Act No. 96/2004 16 17. Insertion of section 221ZLB After section 221ZLA of the Building Act 1993 insert— "221ZLB. Other people must also 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 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) within 5 days after the day the person (or the person's agent) is given the compliance certificate. Penalty: 3 penalty units.". 18. Minor consequential amendment In section 221ZLA(2)(b) of the Building Act 1993, after "building practitioner" insert "(or the building practitioner's agent)". 19. Compliance certificates for sanitary drains (1) In section 221ZO(2) of the Building Act 1993— (a) in paragraph (a), for "ensure that the plan is given" substitute "give the plan"; (b) at the foot of the section insert— "Penalty: 20 penalty units.". s. 17 -- 18 of 20 -- Victorian Legislation and Parliamentary Documents Part 3—Amendments Concerning Plumbing Building (Cooling Towers and Plumbing) (Amendment) Act 2004 Act No. 96/2004 17 (2) In Schedule 5 to the Building Act 1993, after the item relating to section 221ZLA insert— "section 221ZO(2) 2 penalty units". 20. Qualifications of the Commissioner In section 221ZZT(2) of the Building Act 1993, for "knowledge of, and experience in, the plumbing industry" substitute "relevant knowledge and experience". 21. Functions of the Commission In section 221ZZV(1)(r) of the Building Act 1993, after "any other Act" insert ", and to exercise any powers conferred on it by this Act or any other Act". 22. Meetings of Boards In Schedule 3 to the Building Act 1993, after clause 10(6) insert— "(7) If a member of a Board holds 2 or more positions on the Board ex officio— (a) he or she is only entitled to exercise a single deliberative vote at meetings of the Board, regardless of how many of those positions he or she holds on the Board; and (b) for the purposes of determining the total number of members of the Board currently holding office for the purposes of determining whether a quorum of the members is present, all the ex officio positions held by the member are to be counted as one member.". ═══════════════ s. 20 -- 19 of 20 -- Victorian Legislation and Parliamentary Documents Building (Cooling Towers and Plumbing) (Amendment) Act 2004 Act No. 96/2004 18 ENDNOTES † Minister's second reading speech— Legislative Assembly: 4 November 2004 Legislative Council: 1 December 2004 The long title for the Bill for this Act was "to amend the Building Act 1993 and for other purposes." Endnotes -- 20 of 20 --