Application for a plumbing modification Building Act 1993 – Section 221ZZ0 Email: customerservice@vba.vic.gov.au Address: GPO Box 536, Melbourne VIC 3001 Phone: 1300 815 127 1. Applicant Details First Name: Surname: Postal Address: Suburb: Postcode: __________ State: ________ Contact Phone: _____________________________ Email: Please indicate which of the following best describes who you are: Applications are restricted to those listed below The owner / occupier of a building or land A licensed or registered plumbing practitioner A plumbing inspector or compliance auditor A public authority representative A department head within the meaning of the Public Administration Act 2004 2. Payee Details As above First Name: Surname: Postal Address: Suburb: Postcode: __________ State: ________ Contact Phone:_____________________________ Please complete payee details if different to applicant. 3. Plumbing Practitioner Details As above First Name: Surname: Contact Phone: _____________________________ 1 4. Building Practitioner Details First Name: Surname: Contact Phone: _____________________________ 5. Site Details Address: Suburb: Postcode: __________ State: ________ Please specify the code or standard to which you cannot comply: Example: AS/NZS 3500.2:2015 Plumbing and Drainage Part 2: Sanitary plumbing and drainage Section 3 Clause 3.2 Please provide a brief overview of the site (include details such as the alignment of the proposed property service drain / combined drain or any other relevant details): Please provide a brief overview of why the plumbing work cannot comply with the codes / standards: Please provide a brief overview of how you intend to eliminate any risk the modification may pose: 2 6. Payment Details The fee payable for a modification to the Plumbing Regulations is: $109.21 Payment by Cheque or Money Order Cheques should be made payable to Victorian Building Authority - Plumbing Account I have attached a cheque or money order to this Tax Invoice Payment by Credit Card Credit Card Number: - - - Cardholders Name: Type of Card: Visa MasterCard Expiry Date: _______ / _______ Signature: _________________________________________ Date: _______ / _______ / _______ 7. Declaration I have attached a copy of all relevant supporting documentation including design plans and calculations where required. I have attached a copy of a site plan showing the existing and any new building / buildings and the alignment of any proposed below ground sanitary drain alterations. I have attached a copy of the existing property sewerage plan. I have drafted my proposal for the existing drain to remain or to be relayed in an approved material and any subsequent inspection shafts to be installed. I have attached a copy of the relevant water authority Conditions of Connection. All information in this application is true and accurate and I understand any false or misleading information will invalidate the application. Signature: _________________________________________ Date: _______ / _______ / _______ 3 Modification Application - Frequently Asked Questions 1) What happens when I cannot install plumbing work to comply with prescribed codes and standards? You can apply to the VBA for a modification of the codes and standards pursuant to Section 221ZZO of the Building Act (included at the end of this document). 2) Who can apply for a modification? The owner or occupier of a building or land; a licensed or registered plumber; a plumbing inspector or a compliance auditor, a department head within the meaning of the Public Administration Act 2004. 3) How do I apply for a modification? You must complete the Modification Application Form and provide any supporting documentation, including site / building / design plans, and where the modification request relates to below ground sanitary drainage work a copy of the existing property sewerage plan, relevant water authority Conditions of Connection and a sketch of any proposed sanitary drain alterations. To ensure your application is received and processed expediently the completed application form, together with all relevant supporting documentation should be lodged with the VBA – by email to customerservice@vba.vic.gov.au but can if necessary be posted to PO Box 536 Melbourne 3001. The application will be processed on payment of the $109.21 fee. 4) What will happen once I make application for a modification? The VBA will assess, and either approve or reject a modification application. If the application is approved, the VBA will mail the approval to you. If the application is declined, the VBA will contact the applicant to discuss and / or to obtain further information. 5) How long does the modification approval process, take? The process may take up to10 working days from receipt of application or 10 working days from receipt of any further information if requested. 6) What happens if your plumbing work to which there was a modification approved; is selected for audit? You should advise the VBA Booking Officer at the time of booking the audit. You will need to take to the audit – a copy of the plumbing modification approval letter. 4 Building Act 1993, Section 221ZZO - Modification of plumbing regulations 1) The Authority may declare that a provision of the plumbing regulations does not apply, or applies with specified variations, to specified plumbing work. 2) A declaration under this section overrides the plumbing regulations and must be given effect to with respect to the specified plumbing work as if those regulations had been amended to accord with the declaration. 3) An application for a declaration may be made by a. the owner or occupier of a building or land; b. a licensed or registered plumber; c. a plumbing inspector or compliance auditor; d. a Department Head within the meaning of the Public Administration Act 2004; e. a public authority. 4) The person applying for the declaration must a. identify the plumbing work for which the application is being made; b. specify in what way the person would like the plumbing regulations modified with respect to that work. 5) An application for a declaration must be accompanied by the fee set out in the regulations. 6) For the purposes of this Part, any plumbing work that is the subject of a declaration complies with the plumbing regulations if it complies with those regulations as modified by the declaration. Building Act 1993, section 221ZZP - Matters Authority must consider before making a modification declaration 1) The Authority may only declare that a provision of the plumbing regulations does not apply to specified plumbing work if it is satisfied that the provision is inappropriate in the particular circumstances. 2) The Authority may only declare that a provision of the plumbing regulations applies with the variations specified by the Authority to specified plumbing work if it is satisfied that it is reasonable to do so and is not detrimental to the public interest. 3) In making a declaration under section 221ZZO, the Authority may impose any conditions that it thinks appropriate in relation to how the declaration is to be given effect to. Building Act 1993, Section 221ZZQ - Procedure applying to hearings under this Part 1) Subject to anything to the contrary in this Part, clauses 12, 15, 16, 17, 18(1) and 19 of Schedule 3 apply to the hearing of a dispute under section 221ZZN or of an application under section 221ZZO as if a reference in those clauses to— a. the Building Appeals Board was a reference to the Victorian Building Authority; and; b. a determination was a reference to a declaration. 2) For the purposes of this Division, section 221ZZZO applies as if a reference in that section to a disciplinary hearing was a reference to the hearing of a dispute under section 221ZZN or of an application under section 221ZZO. 5