Non-Conforming & Non-Compliant Plumbing & Building Products Are Illegal To Supply, Specify & Install
Non-conforming plumbing products that have not the appropriate WaterMark certification have always been illegal for licensed plumbers to install.
The WaterMark Certification Scheme is not voluntary. It is a mandatory and legally enforcible certification scheme for plumbing and drainage products. This is to ensure they are fit for purpose plus appropriately tested and authorised for use in all plumbing and drainage installations.
It has been illegal since 2017 for anyone to supply, specify, instruct others to install or for anyone to install non-conforming plumbing and building products in Queensland. Unfortunately, many companies think they can ignore their responsibilities to obey the law. Online sales of non-conforming plumbing products are rampant. There are advertisements all over social media promoting DIY installations of non-conforming plumbing products such as My Bidet Australia.
On 30 August 2017 the Building and Construction Legislation (Non-conforming Building Products-Chain of Responsibility and Other Matters) Amendment Act 2017, regarding the use and sale of non-conforming building products became law.
These laws further strengthened how compliance must be achieved with amendments to the Queensland Building and Construction Act 1991, the Plumbing and Drainage Act 2018, and the Building Act 1975 concerning non-conforming building and plumbing products.
These laws create a chain of responsibility so that designers, manufacturers, importers and suppliers of plumbing and building products have as much responsibility as licensed plumbers to ensure a product is compliant and fit for its intended purpose.
These laws give the Queensland Building and Construction Commission (QBCC) new powers to investigate the manufacture, sale and use of non-conforming building products.
Building and plumbing products are regarded as illegal, non-conforming or non-compliant for an intended use if;
the product is not, or will not be, safe; or
does not, or will not, comply with the relevant regulatory provisions; or
the product does not perform or is not capable of performing, for the use of the standard it is represented to conform by such as Watermark certification.
Definitions of Non-Conforming Plumbing Products
There are 1000’s of plumbing products manufactured both in Australia and overseas. Consequently, it can be challenging to know whether or not a plumbing product is genuine and will perform as required plus will comply and conform with the WaterMark Certification Scheme.
You can check the WaterMark Product Database which lists all plumbing products that have been certified and marked in accordance with the requirements of the WaterMark Certification Scheme.
In general, everyone should be aware of the following terms regarding compliant plumbing products:
Non-compliant plumbing and building products and materials are any product used in situations where they do not comply with the requirements of the National Construction Code (NCC) which encompasses the WaterMark Certification Scheme. You must be aware any plumbing product can be both non-conforming and non-compliant.
Fraudulent documentation refers to a recorded claim that a plumbing product’s performance meets specified Australian plumbing standards when used or tested, do not meet that performance claim. This frequently will include falsified documentation, fraudulent certification or test results.
Product substitution is commonplace and can occur when a product is submitted for third-party certification testing and, after the WaterMark certification is granted, the manufacturer/supplier alters it and does not retest or recertify the product. Product substitution is also a widespread problem where a seemingly identical but non-conforming replacement plumbing product is offered to replace the WaterMark certified product.
Counterfeit plumbing products are also widespread and are an unauthorised copy of a plumbing product, created with the intention to deceive. They are illegally sold to suppliers, plumbers, building owners and consumers, as genuine.
These laws have created a legal chain of responsibility for everyone for reporting non-conforming building or plumbing products to the QBCC. This duty applies to every person in the chain of responsibility who becomes aware or reasonably suspects that the building or plumbing product installed is non-conforming and or non-compliant for the intended use.
As Licensed Plumbers, it has always been illegal for us here at Whywait Plumbing to install non-conforming plumbing products. However, it is now illegal for anyone to supply a non-conforming plumbing product.
At Whywait Plumbing we have always complied with these laws. We will notify the QBCC immediately whenever we discover non-conforming, non-compliant illegal plumbing products installed anywhere.
Ultimately these laws are for the protection, safety and security of everyone.
May, June and July are the coldest months on the Gold Coast, and no-one wants to start the day with a cold shower in winter. Unluckily for some clients of Whywait Plumbing who are not Service Partners it is in these months they go to the shower and question why do I not have hot water?
Unfortunately, hot water systems are a case of out of sight out of mind. Continually where hot water systems are concerned, there were warning signs that there was a problem. Over the summer months, hot water problems are overlooked as the demand for higher temperature; hot water is not a critical consideration.
Several warning bulletins in Queensland have been issued by the QBCC and Queensland Health advising homeowners that their hot water systems need to be maintained and serviced frequently.
AS/NZS 3500.4:2018 Heated Water Services
The Australian standard that all hot water installation is based around is AS/NZS 3500.4:2018 Heated water services that are an integral part of the National Construction Code of Australia issued by the Australian Building Codes Board and it is all legal requirements in Queensland.
In AS/NZS 3500.4:2018 there is Appendix M which provides guidelines for the operation and maintenance of your hot water system which is below:
This Appendix provides guidelines for the operation and maintenance of a heated water system. M2 GENERAL
In order to ensure maximum performance and length of operation, water heaters should be inspected periodically. M3 MAINTENANCE OF HEATED WATER SERVICES
Heated water services should be maintained in accordance with the following:
(a) Water treatment units:Where installed, water treatment units should be inspected periodically to ensure proper operation.
(b) Water vessels and tanks: All vessels and tanks should be inspected and cleaned periodically, and in accordance with any requirements of the regulatory authority. NOTE: The frequency of periodic cleaning depends upon the quality of the supply water, design, materials of construction and the pipe system. Combinations of materials giving rise to corrosion should be avoided.
(c) Valves: The following valves should be inspected periodically to ensure proper operation:
(i) Temperature/pressure-relief valves.
(ii) Expansion control valves.
(iii) Thermostatic mixing valves.
(iv) Tempering valves.
(v) Other associated valves/devices.
(d) The requirements of AS/NZS 3666.2, where applicable.
Common reasons for why do I not have hot water
Below are listed the most common reasons we attend to clients jobs who call up to as why do I not have hot water? Listed are elementary troubleshooting ideas that you can undertake yourself to resolve or understand why your hot water is cold:
blown fuse or circuit breaker – replace the fuse or reset the circuit breaker and if it blows again it’s probable there is a fault with your element or thermostat, and you need to call Whywait out to repair
Energex relay switch failure – this is not the easiest to detect but if you are on off-peak rates and there are no obvious electrical faults or water leaks then its worth a phone call to your energy supplier to check whether the relay switch has failed to activate in your area
defective relief valve – most relief valves on the side of the HWS only have a life span of around 3-5 years. Still, they can jam open so first check if you see water running from it by pulling the lever up and then easing back down again. If water continues to run then you need to call Whywait out to service the unit
no water at all – this is when you wake up turn the tap on and cold water flows, but there is no flow from the hot water. Frequently this a failure of the non-return or isolating valve and a quick way to check is to turn the handle on the valve all the way off and then all the way back on. In many cases, the hot water will simply begin to flow again. However, if there is still no flow you need to call Whywait out for repairs
water fluctuation from hot to cold – there are several reasons for this occurring, but the most common is a faulty tempering valve. There is nothing you can do to solve fluctuation other than call Whywait and read our information on tempering valves
water leaking from hot water tank – there is only a maximum of 7 possible points on an HWS tank where there are joints that can possibly leak. Only 2 of those are concealed in the housing so if the water is leaking from the tank and its not from the visible water connections you need to call Whywait for service to check the HWS. In all likelihood, if the hot water tank is more than ten years old then its a 50/50 chance you need a new one installed
The above reasons are the most common problems you will experience with why do I not have hot water. As you can see above, there are only a few simple DIY solutions when you have no hot water.
A word of warning though. Please never open up the housing near the bottom of the tank where the electrical connections are as they are all live wires inside there and therefore very, very dangerous.
Whether you have a solar, heat pump, gas or electric hot water system they do need periodic maintenance so for all hot water problems call Whywait Plumbing now on (07) 5580 4311 as we guarantee a same-day rapid response for hot water problems.
It is illegal to install a douche spray or bidet spray in Queensland unless it complies with AS/NZS 3500.1:2018 clause 12.2.3 below which classifies bidet toilet seats and douche sprays at toilet seat douches.
12.2.3 Toilet seat douches – Where the douche outlet, in all positions, is at least 25 mm above the overflow level of the pan, backflow prevention is not required. Where the douche outlet, in any position, is less than 25 mm above the overflow of the pan, a high-hazard backflow prevention device, conforming to AS/NZS 2845.1 or AS 2845.2, shall be installed. This device shall be either part of the douche or installed separately.
Unfortunately, there are advertisements everywhere on social media or websites promoting DIY such as My Bidet Australia. The product they advertise as an easy install toilet seat bidet is illegal. They promote on their website as – Quick and Easy Installation: Includes everything you need including tools to get your bidet up and running in minutes. Easily attaches to and detaches from any standard two-piece toilet.
The reality is the product has no WaterMark certification. As the photo illustrates clearly on their website, the dual nozzles are deep inside the toilet bowl, creating a high backflow risk. This is categorised as high risk as back-siphonage can occur through these nozzles allowing contaminated water from the toilet bowl to be sucked into the potable or drinking water supply.
The toilet seat bidet from My Bidet Australia sells online for $99, which is an indication of its quality. The price should be a warning enough as to how good this product is likely to be as good quality WaterMark approved bidet seats such as a Toto Washlet start at around $1199.00 in Australia.
The old saying you get what you pay for applies absolutely for this dangerous product. It is frightening that they state on their website – Upgrade your bathroom with beautifully designed bidet attachments, featuring water pressure control knobs. We use high-quality parts that are built to last. They are constructed with high-pressure faucet quality valves and metal/ceramic core. Common sense dictates you cannot produce high quality for $99 that complies with Australian Standards.
Unfortunately, this product is being advertised everywhere on Facebook and Google. Currently, if you do a Google search for a Toto bidet seat the first result in Google AdWords is incredibly for not Toto but My Bidet Australia. It truly is a case of buyer beware and why you need to check it is approved for use in Australia with a WaterMark certification.
What does backflow mean?
Backflow is simply the reverse flow of water. When we refer to it in plumbing terms, it is stopping contaminated water being drawn back into the water supply system that we all use for drinking. In terms of an illegally installed douche spray or bidet spray, this can occur when the water pressure drops significantly. If nozzles or sprays connected to the water supply are in contact with a contaminated water supply in a toilet, there is potential for that contaminated water to be sucked into the drinking water supply. In simple terms, it is like you sucking on a straw.
There are two ways that backflow contamination will occur because of a water pressure drop:
Back-pressure occurs if there is an increase in the downstream pressure, which creates a reversal of the normal direction of the water flow.
Back-siphonage occurs when there is a drop in the supply pressure, thereby creating a negative pressure situation in the water supply. Commonly this will happen if the water is suddenly turned off or there is a dramatic increase in demand such as water used for fire fighting.
With a bidet seat, douche spray or bidet spray backflow contamination is possible and if occurring it is classified as high risk. This is why all of these products by law must be:
have a form 9 lodged with the local water authority
All of the above are requirements under the law; they are not optional extras.
What does high hazard mean?
High hazard is the highest rated hazard in the cross-connection hazard rating in AS/NZS 3500.1-2018, which is covered in Section 4 Cross-Connection Control and Backflow Prevention. As Licensed Plumbers, we know how serious this section is in ensuring that our drinking water is not contaminated and potentially life-threatening. Clause 4.3 below lists all three ratings:
4.3 CROSS-CONNECTION HAZARD RATING
Cross-connections are rated using three degrees of hazard, as follows:
(a) High hazard Any condition, device, or practise that, in connection with the water supply system, has the potential to cause death.
(b) Medium hazard Any condition, device, or practise that, in connection with the water supply system, has the potential to endanger health.
(c) Low hazardAny condition, device or practise that, in connection with the water supply system, constitutes a nuisance but does not endanger health or cause injury.
The high hazard rating is not a scare tactic when we talk about an illegal or a non-compliant bidet seat, douche spray or bidet spray it is a health issue with the critical wording being potential to cause death.
Yes, any plumbing fixture installed in your home or business can null and void your home and contents insurance policies.
Any bidet seat, douche spray or bidet spray that is not installed by a Licensed Plumber or does not have WaterMark certification has the potential to flood your home. A burst flexihose on these dodgy products can flood your home very quickly.
ACCC and Government warnings
We all understand that COVID-19 has caused a great deal of uncertainty and angst, but a DIY installation of a toilet bidet seat or douche spray or bidet spray is merely breaking the law. DIY of any plumbing fixture has potentially dire consequences, and with products such as the toilet seat bidet from My Bidet Australia, you are risking severe illness or death.
The ACCC, the ABCB and every state government has become alarmed that the COVID-19 pandemic has seen a dramatic increase in the purchase of toilet seat bidet douches, handheld bidet sprays and trigger sprays, and other bidet type products that are connected to toilet water supply valve are being installed as a DIY project.
The critical message of every alert issued by every state government is that the installation of any bidet product connected to the drinking water supply must be undertaken by a licensed plumber and must hold WaterMark certification.
The DIY installation of a bidet seat or a douche spray is illegal. The health risk of incorrectly installed bidet seats or douche sprays can be severe not only to you but to the community as a whole. In the last month, Google searches for the term bidets have increased tenfold, which is frightening as traditionally Australians have shunned the installation of bidets. The increase in Google searches has occurred due to multiple social media posts and newspaper articles on so-called alternative toileting devices and what is appallingly lousy advice on their installation.
The multitude of bidet seats and douche sprays that can now be found for sale online has set off alarm bells at all levels of government in Australia. It is evident when checking the scant information available online that very few of these online products have been tested and approved for use in Australia.
Hardware stores and specialist plumbing suppliers that stock douche spray kits are selling them out as fast as stock arrives to DIY enthusiasts who get installation advice from shop assistants. This just increases the health risks tenfold. There have been reports of staff in plumbing supply stores being abused for refusing to advise on how to install bidet seats or douche spray kits and suggesting that a licensed plumber must install these products.
As a result, here in Queensland the QBCC has issued a public warning on the sale and installation of ‘alternative toileting devices’ which in part states:
This is a warning issued by the Commissioner of the Queensland Building and Construction Commission (QBCC) to the public under section 20J(1)(i) of the Queensland Building and Construction Commission Act 1991 (QBCC Act).
The QBCC warns suppliers and the public about the sale and use of potentially non-conforming building products, namely Do It Yourself (DIY) bidets, douche sprays and similar hygiene devices, collectively known as ‘alternative toileting devices’.
The QBCC has recently become aware of the sale and DIY installation of alternative toileting devices in Queensland, particularly for household use. Unless these devices are manufactured to comply with Australian Standards and also are properly installed, these can lead to a risk of contaminating the household water supply with E. coli bacteria. An E. coli infection can lead to serious health and safety issues.
In Queensland, alternative toileting devices must be installed by a licensed plumber who has the skills and qualifications to ensure that a backflow prevention device is in place.
A bidet seat or a douche spray are classified as high hazard plumbing products. This is because there is a high risk of toilet sewage water mixing with your drinking water if they are not installed as per the requirements of section 12 of AS/NZS 3500.1-2018 Water Services. They must be legally certified with an Australian WaterMark approval which is evident on the packaging plus can be searched online at the WaterMark Product Database.
Despite looking easy to install, they are not. Both a bidet seat and a douche spray require a water connection. Generally, this can be at the water connection for the toilet cistern. However, this always requires a legally compliant backflow prevention device to be installed as well. This is not an optional extra it is the law to prevent your drinking water from becoming contaminated, which pose serious risks to your families health and safety.
If you have recently undertaken a DIY installation of a bidet seat or douche spray to your toilet, then we urge you to call us on (07) 5580 4311 to get us to check it is a compliant installation. This ensures you have not created a risk to your families health and safety plus ensures you have not null and voided your homes insurance policies.
You need to be aware of so-called unlicensed plumbers or handyman who cannot legally install a bidet seat or douche spray to your toilet. Beware of the handyman who tries to convince you that he can undertake plumbing works as long as it’s under $3300 of value. This is a complete lie by opportunistic unlicensed scammers who put your families health at risk. The benchmark value for undertaking plumbing, drainage or gas work is $0 and always has been. For extra assurance go the QBCC website To find out more about a licensee you can use their online licensee search, or search their occupational licence.
If you would like to investigate the installation of a bidet seat or douche spray to your toilet, then call us on (07) 5580 4311 to book an appointment. This ensures the installation is compliant with Queensland law as all products we install have appropriate and genuine Watermark certification.
I recently had a client comment that Gold Coast Plumbers bury their mistakes far more than doctors bury their mistakes. It is a comment I cannot disagree with in any way. Increasingly we see underground plumbing work that is so non-compliant it’s confirming Gold Coast Plumbers bury their mistakes, knowingly and deliberately.
Calling them mistakes is not being truthful because we all know it’s a deliberate act to cut costs. We all understand those plumbing companies that choose to undertake construction work are under enormous competitive pressure to reduce construction costs continually.
However, because of these plumbing companies buckling to pressure from project managers, builders and developers, they are in an ever downward spiral of negligently breaking the law. The reality is all of the parties involved in the lawbreaking know the chances of them getting caught are slim as the inspections by City of Gold Coast’s plumbing, and drainage inspectors are cursory at best.
Underground water pipes, house sewer drains and house stormwater drains are all buried underground. Unfortunately for property owners, it can take years before the problems become apparent and they investigate the issue. By this time the original construction job is out of warranty, and the QBCC will show little interest in any investigation of negligence.
Investigation and rectification of non-compliant installation of underground plumbing infrastructure fall onto the hapless property owner. Rectification bills can be enormous, and the likelihood is there is no insurance coverage or any desire by the council or state regulatory authorities to investigate.
I believe we have the best plumbing regulations and standards in the world. We used to have the best enforcement in the world to ensure our buildings met the high standards required. The enforcement of the Plumbing and Drainage Act of 2018 and the preceding laws have become so lax that most buildings constructed in the last twenty years have multiple underground plumbing defects. Disastrously for property owners, the majority of these defects are waiting to break down and cause havoc finally.
When these buried mistakes are covered by insurance and break down, causing water damage, every one of us bears a cost via ever-increasing property insurance premiums on all buildings. If enforcement had occurred at the construction stage, then this water damage would have never happened.
It is our experience as maintenance plumbers that builders and developers perceive they can reduce costs and increase profits by not complying with the Plumbing and Drainage act of 2018.
The legal obligations of complying with the Plumbing Code of Australia, which is Volume 3 of the National Construction Code, is not even a consideration.
I accept this lack of compliance has come about due to multiple factors and pressures. Nevertheless, this short-sighted attitude and systematic non-compliance with what is the law affects property owners with prodigious rectification costs. I believe that the project managers, builders, developers and plumbers involved in this ongoing fraud of property owners and insurance companies are well aware of what they are doing but blame it on:
Competitive pressures in the construction industry where the lowest price wins mentality rewards plumbers who take non-compliant short cuts to reduce costs to win jobs
All builders actively forcing cost-cutting on sub-contractors and suppliers
Time constraints on plumbers to complete the job and be paid
The reluctance of builders to inform clients that unforeseen issues have arisen which will increase the cost of construction
The failure of building certifiers and plumbing inspectors to defect non-compliant work and the turning of a blind eye to incorrectly graded trenches, lack of compaction and inappropriate backfilling of trenches
Continual lack of enforcement by the Queensland Government regulators
Every one of the above has in their view a justifiable excuse for what is occurring but all that is required is for the law to be obeyed. The Plumbing and Drainage Act of 2018 and the Plumbing and Drainage Regulation 2019 merely need to be enforced to stop Gold Coast Plumbers bury their mistakes attitude continuing.
By enforcing the law, everyone is a winner and will return us to the standards that previously existed where non-compliant work was defected without a second thought. Every plumber I discuss this with would be more than happy with this to occur as it would create a level playing field for the plumbing industry where efficiency was rewarded rather than non-compliant short cuts. It further protects property owners and the entire construction industry that is already under a cloud due to the cladding non-compliance in buildings throughout Australia.
As licensed plumbers, we are mindful that non-compliant plumbing is a public health risk. I reiterate most of the non-compliant work is knowingly and deliberate which is ultimately negligent behaviour. Sooner or later insurance companies and no-win no-pay lawyers will awaken to the fact that this non-compliance is negligence resulting in the plumbing industry as a whole is portrayed as cowboys with no integrity ripping off poor property owners.
This is a scenario where no one wins except the lawyers. As a critical industry plumbers cannot allow a perception that plumbers as a whole are unable to undertake legally compliant work. We certainly need no more regulation we just need the existing laws and regulations enforced to protect the community’s health as a whole.
We are frequently asked by clients why we are charging them for a Form 4. The simple answer is because it’s the law.
The reality is the Form 4 system for plumbing and drainage work has existed for over 20 years.
Originally licenced plumbers were required to submit a Form 4 to the local authority plumbing inspectors. On the Gold Coast that meant we submitted them to City of Gold Coast’s Plumbing and Drainage section when undertaking replacement of part of the sewer house drain or water main or replacing a hot water service.
In 2012 legislative changes required that we lodge them with the Department of Housing and Public Works through the Plumbing Industry Council, (PIC) and for the first time we had to pay a fee for lodging a Form 4 of $25.90. In 2014 the QBCC took over the Form 4 process as part of their assuming responsibility for plumbing occupational licensing.
Once a Form 4 is lodged, then it is subject to a random compliance auditing process to ensure the work is compliant with the Plumbing and Drainage Act 2018 and the Plumbing and Drainage Regulation 2019. This is undertaken to ensure the work is being conducted to the highest standards to protect everyone’s wellbeing, health and safety.
Whywait Plumbing has always supported the Form 4 process as it ensures that all work on your property is compliant and is registered with both QBCC and City of Gold Coast. If you have a significant insurance claim involving a plumbing failure, an accessor can quickly backtrack to ensure that the work was undertaken legally and compliantly.
Ultimately a Form 4 is there for the homeowner’s protection.
What is plumbing & drainage work notifiable work?
The definitions of notifiable work changed on 1 July 2019. These changes were to ensure clarity and usability, coupled with cost-effective plumbing laws and regulations for plumbers and property owners.
There are essentially twelve categories of notifiable plumbing and drainage work that require a Form 4 which are:
Extending water supply pipes – this is any work on water reticulation pipes other than a fire service on an existing building
Extending or removing a fire service – this applies to any class 2-9 building with a development approval as per schedule 2 of the Building Act 1975
Existing sanitary plumbing – this any work on an existing building where sanitary plumbing is removed, replaced, altered or extended
Existing sanitary drainage – this any work on an existing class 1 to class 10 building involving extending, replacing, altering or removing any part of the sanitary drain system apart from a combined sanitary drain plus it also applies to extensions or alterations to a class 1 building
Temperature control devices – this is any work with a TMV or tempering valves in any existing building requiring installing, replacing or removing a valve plus it also applies to extensions or alterations to a class 1 building
Water heaters – this is any work undertaken in any existing building requiring installing, replacing or removing a hot water heater plus it also applies to extensions or alterations to a class 1 building
Backflow prevention devices – this is any work with a testable backflow device or dual check valve in any existing building requiring installing, replacing or removing a valve plus it also applies to extensions or alterations to a class 1 building
Greywater treatment plants – this any work involving the installation of a greywater use system that includes a greywater treatment plant installed in a sewered area where the plant generates less than 3kL of greywater daily or for replacing a greywater plant
Fixtures in class 1 or class 10 building – this is any work required for installing a new fixture or relocating an existing fixture in an existing class 1 or class 10 building plus it also applies to extensions or alterations to a class 1 building
Fixtures for class 2 to 9 buildings of 1 or 2 storeys – this is for all work other than sanitary drainage required for installing or relocating a fixture provided the work is for an existing class 2 to 9 building up to two storeys above ground
Sanitary drains – this is any work undertaken to seal a sanitary drain after the connection point to the council sewer or a treatment plant
Sealing supply pipes – this is any work undertaken to seal a water supply pipe after the council water meter provided the work is for an existing class 2 to class 9 building
The QBCC publish simple guides to what is notifiable work and the definitions of building classes as defined in the Building Code of Australia which you can download below:
Every reputable professional plumber, I know 100% supports the notifiable work system. It ensures for homeowners and property owners that all work undertaken on their property is performed to the standards required.
If you have had plumbing or drainage work undertaken that you have not been supplied with a Form 4 as per the form shown above and is covered in the categories listed then, you need to report it to the QBCC now or call them on 139333. Ultimately high-quality plumbing and drainage protects your health.
If you are uncertain or need assistance contact us on (07) 5580 4311 and we will give you our considered opinion. Ultimately all plumbing work is not about guesswork; it is about compliance with the law, and the law is the Plumbing and Drainage Act 2018.