36Non-compliant materials and products

36 Non-compliant materials and products

(1)  For the purposes of the Act, a permit authority may authorise materials or products that do not comply with the National Construction Code to be used as part of plumbing work if –

(a) the plumbing work involves the connection of a water supply system, sewerage system or a network utility operator's stormwater drainage system; and

(b) the material or product –

(i) is an existing part of the system being connected; or

(ii) is –

(A) fit for the purpose for which it is intended to be used; and

(B) unlikely to affect the health or safety of the occupants or users of the building as a result of the non-compliance; and

(C) to be installed, or used, in the same manner and style as materials or products previously used, or installed, in the building.

(2)  For the purposes of subregulation (1)(b)(ii)(A) , a material or product is fit for the purposes for which it is intended to be used if it is certified for that use as part of the WaterMark Certification Scheme, as administered by the Australian Building Codes Board.

(3)  If the plumbing work referred to in subregulation (1) relates to an installation owned or operated by a regulated entity, the permit authority is to consult with the regulated entity before authorising a material or product under that subregulation.