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High front guttering advisory committee report - NSW Fair Trading ...

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Appendix C – <strong>NSW</strong> <strong>Fair</strong> <strong>Trading</strong> opinion on regulatory status of BCA<br />

and <strong>NSW</strong> Code of Practice for Plumbing and Drainage<br />

Ref: M10/5214<br />

Dr Perry Forsythe<br />

Chair, <strong>High</strong> Front Guttering Advisory Committee<br />

c/- Ms Jenefer Plummer<br />

Home Building Service<br />

<strong>NSW</strong> <strong>Fair</strong> <strong>Trading</strong><br />

PO Box 972<br />

PARRAMATTA <strong>NSW</strong> 2124<br />

Dear Dr Forsythe<br />

41<br />

PO Box 972<br />

Parramatta <strong>NSW</strong> 2124<br />

Tel: 02 9895 0111 Fax: 02 9895 0222<br />

TTY: 1300 723 404 ABN 81 913 830 179<br />

www.fairtrading.nsw.gov.au<br />

I write in response to your request for advice about the respective roles and regulatory status<br />

of the Building Code of Australia (BCA) and the <strong>NSW</strong> Code of Practice for Plumbing and<br />

Drainage in relation to <strong>guttering</strong> work (also referred to as ‘roof plumbing’).<br />

In short, clause 98(1)(a) of the Environmental Planning and Assessment Regulation 2000<br />

states that all building work carried out under a development consent must be carried out in<br />

accordance with the Building Code of Australia. Accordingly, <strong>NSW</strong> <strong>Fair</strong> <strong>Trading</strong> uses the<br />

BCA as the framework for assessing the installation of high <strong>front</strong> gutters. This is because the<br />

installation of <strong>guttering</strong>, or roof plumbing work, is regulated by <strong>NSW</strong> <strong>Fair</strong> <strong>Trading</strong> as<br />

‘residential building work’ under the Home Building Act 1989, with the BCA forming part of<br />

the requirements for the quality of construction under that Act.<br />

In New South Wales, plumbers perform a range of different types of work including: work on<br />

the drinking water supply in premises (which includes bathroom taps and showers), sanitary<br />

drainage systems (such as toilets), roof plumbing (<strong>guttering</strong>), and even garden reticulation<br />

systems (sprinklers). It is also open to non-plumbers (builders) to do some of these types of<br />

work e.g. roof plumbing.<br />

When the work is roof plumbing (<strong>guttering</strong>), the work is covered by the protections of the<br />

Home Building Act, including that it be performed by an appropriately licensed person with<br />

expertise in roof plumbing, and that it comply with the BCA.<br />

When work involves the drinking water supply or sanitary drainage in premises, the work is<br />

regulated by the local plumbing regulator, generally either Sydney Water, Hunter Water, or<br />

the local council or county council, and must be performed by a licensed plumber, and<br />

comply with the <strong>NSW</strong> Code of Practice for Plumbing and Drainage.

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