Deadline looms for new mechanical services licence

The New South Wales government is pressing ahead with plans to begin a new licensing class for mechanical services and medical gases on October 1. Given the tight timelines, and the concerns raised by HVAC&R stakeholders, NSW Fair Trading is working intensely with industry groups to better define the scope of the new licence – and to confirm how it will sit alongside the existing air conditioning and refrigeration licence.

The story so far

The new licensing system first came to the attention of HVAC&R stakeholders in July, when the NSW government sought assistance in communicating the change to potential licencees. Although the bill underpinning the new licence – the Building Amendment (Mechanical Services and Medical Gas Work) Bill – was passed in June 2020, this was the first time industry had been made aware of it.

Investigation revealed that the changes were primarily driven by the need to regulate the installation and maintenance of medical gas systems. This was a response to two separate tragic incidents in 2016 that saw two newborn babies administered nitrous oxide rather than oxygen due to the incorrect installation of a medical gas system. It is still not clear why the scope was extended to cover all mechanical systems in all buildings, but the changes were subsequently agreed to by parliament and passed without consulting the HVAC&R industry.

Industry groups immediately flagged flaws in the new licensing system with ministers on both sides of parliament. Issues included the vague scope for the mechanical services licence, the qualifications for the licence – which were stipulated as plumbing qualifications and were embedded in the Home Building Act rather than gazetted separately – and finally the overlap with the existing air conditioning and refrigeration licence.

Although there is talk of an amendment being submitted to parliament, ministers are yet to indicate exactly what this would contain. Nor have they provided a clear response to industry’s concerns.

State of play

Just three weeks out from the introduction of the new system, HVAC&R industry groups continue meeting with the NSW government to confirm the scope of the mechanical services licence.

AIRAH is one of the peak bodies involved in the meetings, and CEO Tony Gleeson, M.AIRAH, says that although conversations have been positive and progress has been made, time is running out.

“As always, we have to start by explaining what the HVAC&R industry is and what it does,” he says. “As well as the difference between RAC and mechanical services.

“Fortunately, we have excellent industry representatives in the group who can clearly explain which tasks should fall within each licence class.”

In the past weeks, concerns have been intensified by early drafts of the scopes of work that have been circulated through industry. Gleeson says that these documents are not a good reflection of where things stand now.

“We have been able to resolve issues around pipework and hydronic systems,” he says. “Ductwork is an ongoing conversation.

“More broadly, we continue to request a clear statement from government that no licence will be required for mechanical services for those who are already licensed under air conditioning and refrigeration, as was stipulated in the original discussion paper.

“Additionally, we are calling for the government to split the licensing of mechanical services and medical gases and to delay the introduction of the mechanical services licence.

“The regulation of medical gas work is clear-cut and absolutely necessary – and we wholeheartedly support the introduction of that licence as planned on October 1. But more time is needed to properly define the scope and the qualifications for the mechanical services licence.”