There has been an increase in the number of Notice of Defects (NOD) issued to gas fitters who are installing and commissioning instantaneous/continuous flow gas water heaters which have been installed in locations and/or conditions that do not meet the requirements of AS/NZS 5601.1 Clause 6.3.12 and 6.3.13. 

Clause 6.3.12 and 6.3.13 reference the local OHS requirements, which has raised questions on how to make an installation compliant. Gas fitters are being referred to Building and Energy for clarification or requesting a variation be issued.

Worksafe has published the Code of Practice – Safe Design of Buildings and Structures, which is intended to assist those involved in designing buildings or other structures to meet the requirements of the Occupational Safety and Health Act 1984 (the OSH Act) and the Occupational Safety and Health Regulations 1996 (OSH Regulations). 

This code requires designers to ensure, during the design phase of a building, that consideration is given for the installation, operation, inspection, maintenance, and if required removal of the building or structure which includes gas appliances such as water heaters.  

Due to this, Building and Energy will not issue variations to clauses 6.3.12 and 6.3.13 as the variations would likely contravene OHS requirements.

All NODs will stand until the gas installation complies with the provisions of AS/NZS 5601.1. 

If you require further information on a NOD, please refer to the issuing Gas Inspector.