Managing the Flow - Regulating plumbing product control

The inquiry

On 15 June 2007, the Minister for the Environment and Water Resources, The Hon Malcolm Turnbull MP, requested that the House of Representatives Standing Committee on Environment and Heritage inquire into the regulation of plumbing product quality in Australia.

While the quality of the evidence received in the 29 submissions and the roundtable discussion would allow for a more extensive report, given the timeframe of the inquiry the Committee decided to focus on key issues associated with the regulation of plumbing product quality, and develop conclusions that could feed into reviews currently being undertaken in these areas, and potentially contribute to more coordinated and effective regulatory arrangements.

A roundtable discussion was held in Canberra on 13 September 2007 and included representatives from key stakeholder groups; the Department of the Environment and Water Resources, National Plumbing Regulators Forum (NPRF), Standards Australia (SA), National Plumbing Association Alliance (NPAA), the Plumbing Products Industry (PPI) Group and the Australian Electrical and Electronic Manufacturers’ Association (AEEMA).

Outline of relevant schemes and standards

Given the complicated nature of the plumbing product regulatory environment, a brief outline of the main schemes and standards governing and guiding plumbing product quality in Australia is included below.¹

There are two enforceable schemes:

• conserve water supplies by reducing water consumption;
• provide information for purchasers of water-use and water-saving products; and
• promote the adoption of efficient and effective water-use and water-saving technologies.⁴

Relevant schemes and standards include:

• Plumbing Code of Australia (PCA)
The PCA, developed and maintained by the NPRF, outlines the provisions and requirements of the WMCS, including the categories of plumbing products covered by the scheme. It is a reference document and is only given legal effect when invoked by legislation in the relevant state or territory.
>Currently, the PCA had only been adopted, in part, by Queensland and South Australia, and, in full, by Tasmania, and  the Australian Capital Territory (the latter with local variations).⁶
• State Plumbing regulations
States and Territories are responsible for the regulation of plumbing practices and products. While the national mandatory schemes apply, and the PCA may be adopted, the States/Territories retain power to regulate for local variations as they deem necessary or geographically appropriate. This includes state water authorities and to some degree state health departments; for example, in cases where materials are in contact with drinking water.
• Australian Standards
• AS 6400 is the basis for the rating and labelling of products under the WELS Scheme. It sets out the criteria for each product.
• AS 5200 contains technical specifications for plumbing and drainage products. It provides the criteria for accreditation of plumbing products under the WMCS.
• AS 3500 is the National Plumbing and Drainage Code which covers standards for the materials, fittings and fixtures that can be used in plumbing and sanitary installations. It is used by all States and Territories, even if they have not yet adopted the PCA.⁷
• Standards Australia committees are responsible for developing these Standards. For example, the WS-032 Committee developed the AS 6400 standards. These Committees generally include wide representation from a range of government and industry groups.⁸
• Australian Technical Standards (ATS)
  
  ATS is a scheme that allows for the introduction of new product technologies that are not currently covered by an Australian Standard. An ATS is developed by an SA Committee and is ratified by the NPRF. The product then has two years in which to register under the WMCS.

Stakeholder or administering organisations include:

• Department of the Environment and Water Resources
  
  The Commonwealth Department of the Environment and Water Resources administers the WELS Scheme through its Water Resources Division.⁹
• National Plumbing Regulators Forum (NPRF)
  
  There is no national regulator for plumbing. The NPRF, formed in 2002, is a cooperative arrangement of different groups with statutory responsibility for plumbing regulations in the various states and territories. It also provides a forum to discuss and address public health, safety, water conservation and other environmental issues. It works closely with COAG.
  
  The NPRF is not a statutory authority and has no executive power. However, it is in the process of formalising its arrangements through an intergovernmental agreement.¹⁰
• Standards Australia (SA)
  
  SA is Australia’s peak standards body that works to develop standards with a view to public benefit and the national interest. Overall, the organisation maintains around 7,000 standards through 1,500 Committees.¹¹ It is also responsible for developing and administering Australian Standards for plumbing products in Australia. Under a Memorandum of Understanding SA works in cooperation with the NPRF to codify standards developed for plumbing products.
• Conformity Assessment Bodies (CABs)
  
  These are registered and licensed to certify products under the WMCS. This assessment process is monitored by Standards Australia.