Yet again we have come across the installation of the Desert Eco Adapt cartridge illegally installed in ZeroFlush waterless urinals.
We immediately informed the client that these products known as Desert Eco Adapt cartridges were a non-conforming product in a ZeroFlush waterless urinal. We then informed the client of our responsibilities with respect to reporting non-conforming products to the QBCC. This is due to recent amendments to the Queensland Building and Construction Act 1991, the Plumbing and Drainage Act 2002, and the Building Act 1975 in relation to non-conforming building products. These amendments came into effect on 1 November 2017. These amendments were effected through the passage and proclamation of the Building and Construction legislation (Non-conforming Building Products – Chain of responsibility and Other Matters) Amendment Act 2017.
The client immediately requested that we remove all of the Desert Eco Adapt cartridges and replace them with the compliant ZeroFlush EnviroSeal operating system.
Before removing the Desert Eco Adapt cartridges we undertook a thorough inspection of the ZeroFlush urinals. This confirmed what had been reported that all were emitting sewer odours as they were a sloppy fit into the ZeroFlush stainless steel rim. The cartridges literally slipped up and out as we removed them as they were not sealing to the stainless steel rim on the housing.
As can be seen in the photo on the left despite being relatively new, there are urine stains on the Desert Eco Adapt cartridge as the rubber seal is not designed to fit ZeroFlush urinals and was not only allowing sewer odours to be emitted but urine was leaking down the side of the cartridge rather than going through the waste outlet drain.
These issues can be further seen by the stains on stainless steel rim in the photo to the right. These stainless steel rims were all spotlessly clean when the urinals were serviced by us in December.
All of the non-conforming Desert Eco Adapt cartridges were removed, and the EnviroSeal operating systems were reinstalled along with new BioPur Wonder Wizard Tab kits after cleaning and flushing of the drains.
To the left is a photo of the five ZeroFlush ZF201 urinals after scheduled servicing and with the EnviroSeal operating systems reinstalled.
The EnviroSeal operating systems are a WaterMark approved system for ZeroFlush waterless urinals only. They were tested extensively by IAPMO R&T laboratory at 5001 East Philadelphia Street, Ontario, California 91761-2816 USA from 24/03/14 – 04/04/14. The EnviroSeal operating systems was then given WaterMark certification in Australia on 17/06/14, and it was renewed for a further three years on 07/08/15.
We were informed by the client that the Desert EcoAdapt cartridge was installed as a trial as they are significantly cheaper than the genuine ZeroFlush parts.
It was concerning that we were also informed that the Desert cartridges had been installed by a licensed plumber as it is an offence under the Standard Plumbing and Drainage Regulation 2003, Part 4 Product Certification for a licensed plumber to install non-certified and non WaterMarked products as per the clauses on the right.
Despite claims made by the Desert Eco Systems Company at http://www.desert.com.au/products/eco-adapt-advanced/ the facts are that their cartridges have no WaterMark certification for any urinal in Australia other than their own Desert No-Flush Urinal.
All plumbing products installed in buildings in Queensland have been required to have WaterMark certification since 2003 under the Plumbing and Drainage Act 2002 and the Standard Plumbing and Drainage Regulation 2003.
The Watermark Certification scheme is administered at a national level by the Australian Building Codes Board (ABCB). The requirements for WaterMark certification is specified in the Plumbing and Drainage Act 2002.
Under the primary duty of care of the new laws being the Building and Construction legislation (Non-conforming Building Products – Chain of Responsibility and Other Matters) Amendment Act 2017, it is an offence under the Act to supply plumbing products in Queensland that don’t have WaterMark certification as these products do not meet the relevant regulatory provisions.
This change is designed to reduce the likelihood of non-conforming plumbing products being installed in buildings in Queensland.
More information on the Watermark certification system, including a list of certified products and information on the certification process, can be obtained from the ABCB website here: http://abcb.gov.au/ProductCertification/WaterMark-Certification-Scheme
Despite being a non-conforming product and illegal to install it is our opinion that the Desert EcoAdapt system is an inferior product compared to the EnviroSeal system that has been designed, tested and certified only to be used on ZeroFlush waterless urinals.
The Desert cartridge was a sloppy fit into the ZeroFlush stainless steel rim that created sewer odour emissions that could have repercussions with members of the public that have respiratory conditions. This potentially exposes building owners and their employees to legal liabilities for having installed a non-conforming substitute product.
The Desert Eco Systems Company has a long history of substituting products and making claims that their products are a conforming product when they are not and never have been. Product substitution where the product has not been tested, and WaterMark certified for the product it is substituting is an offence under the Building and Construction legislation (Non-conforming Building Products – Chain of Responsibility and Other Matters) Amendment Act 2017.
Everyone in chain of responsibility needs to be aware that they are breaking the law if they authorise, instruct or install Desert Eco Adapt cartridges in any urinal that it has no WaterMark for. Under Australian consumer laws if you have installed a Desert Eco Adapt cartridge in any waterless urinal other than the Desert No Flush urinal, based on the dubious claims made to you by representatives of Desert Eco System Company then you are not only entitled to a refund of all your money but also compensation to pay for your waterless urinals being returned to a legally compliant status as per your waterless urinals WaterMark certification.