WaterMark standards and non-conforming building products

Did you know that a plumbing or drainage product required to have WaterMark is a ‘non-conforming building product’ if it is being offered for sale in Queensland without WaterMark?

Section 74AB of the QBCC Act defines a ‘building product’ as “any material or thing associated with, or that could be associated with a building” and provides that—

“A building product is a non-conforming building product for an intended use if—

(a) the association of the product with a building for the use—

(i) …

ii) does not, or will not, comply with the relevant regulatory provisions;”

As defined in the Act, the relevant regulatory provisions include the Standard Plumbing and Drainage Regulation under the Plumbing and Drainage Act 2002.

If a product is installed as defined by the carrying out of plumbing or drainage work under the Plumbing and Drainage Act 2002 and it is required by section 30 of the Standard Plumbing and Drainage Regulation 2003 to be a ‘certified item’, that is, have WaterMark certification because it is a type of product listed on the WaterMark Certification Scheme Schedule of products, it is a ‘non-conforming building product’ if it does not have WaterMark.

‘Certified items’ are listed on the WaterMark Product Database and are identified by the WaterMark certification trademark, which must be marked on the product upon the granting of its WaterMark licence.