- The Consumer Council (“CC”) supports in principle the proposal by the Water Supplies Department (“WSD”) to amend the Waterworks Ordinance (Cap. 102) (“WWO”) and the Waterworks Regulations (Cap. 102A) (“WWR”) with a view to enhancing drinking water safety and water use efficiency for the general public.
- To assure the public is in support of proposed amendments, effective public communication on the reasons and benefits of making the change is crucial.
- Some further comments in relation to various aspects of the proposed amendments set out in the draft drafting instructions (“DDI”) are outlined below.
Regulation of Plumbing Works
- With reference to paragraphs 16 and 20 of the DDI, under the current regulatory framework, written permission of the Water Authority (“WA”) is required for construction, installation, alteration or removal of a fire service or inside service unless in the case of alterations to a fire service or inside service which are considered by the WA of a minor nature. While this current regulatory framework in relation to alteration works of minor nature is proposed in the DDI to remain status quo (i.e. for alteration works of minor nature, written permission can be waived), CC opines that it is important to clearly define what are considered by the WA of minor nature and publicise clear guidelines to govern compliance of the industry.
- Currently, the WSD has already laid down the principles and illustrated with some examples in its webpage about the scope of the works which are considered of minor nature. CC suggests that it can be better edited with more layman wordings and terms, and citing more explicit examples about which kinds of plumbing works (especially within domestic flats) would be considered or not be considered of minor nature, so as to help the public (especially the layman) to avoid contravening the requirements unintentionally and mistakenly.
- Referring to Item 1.2.7 of the DDI, CC strongly supports the introduction of registration system to regulate the plumbing contractors for undertaking the prescribed plumbing works more closely (e.g. construction of new plumbing systems for new buildings and village houses, large-scale replumbing in existing buildings, etc.). Poor plumbing services could create substantial damages and detriments to consumers and possibly the neighbourhoods, thus the proposed registration system should be welcomed by consumers.
- To enhance the transparency of the quality of the registered plumbing contractors (“RPCs”), CC suggests that in case disciplinary action is taken by the WSD against any RPC, the relevant information (including the name of the concerned RPC, etc.) should be disclosed to the public in a timely manner. Similar practice has been adopted by the Electrical and Mechanical Services Department (“EMSD”) which publicises on its website the list of registered electrical contractors as well as all disciplinary action gazetted and the names of the concerned contractors (records in latest seven years).
- Referring to Item 1.3.1 of the DDI, CC notes that the licensing requirements for plumbers are proposed to be updated. To ensure the public will not be confused by the new and old requirements and be able to engage a proper licensed plumber when needed, the transition time should be as short as practicable with clear and transparent information source to the public.
- Referring to Item 1.5.1 of the DDI, in relation to underground and concealed pipes and fittings, it is noticed that the RPC is required to conduct specified tests and keep relevant records before covering up any pipes and fittings. CC considers that if testing conducted by the RPC itself (which originally carries out the concerned plumbing works) is allowed, their integrity and competence in testing should be closely monitored, and more frequent compliance checks should be conducted by the WSD. In the event of failure in compliance, the penalty involved should have good enough deterrent effect to the industry.
- Referring to paragraph 423 of the DDI, certain plumbing works (e.g. alterations, repairs or maintenance considered by the WA of minor nature) may not be required to be personally carried out by a designated person (“DP”). However, paragraph 425 of the DDI states that “the following person also commits an offence and shall be liable on summary conviction to a fine at level 6 ($100,000) if the plumbing works are personally carried out by a non-DP”. CC believes that paragraph 425 is intended to be only applicable to the plumbing works where DP is required. To avoid misconception, relevant provisions should be clearly presented in the amended WWO and WWR.
Control of Plumbing Materials
- Referring to Item 2.1 of the DDI, CC welcomes the introduction of testing requirements to assess the leachability of metals from metallic plumbing materials for use in internal plumbing systems. To ensure the safe use of metallic plumbing materials by contractors, which is in fact untransparent to consumers, CC strongly believes that regular compliance tests on the metallic plumbing materials available on the market should be conducted, and the results should be published especially those that fail the required standards.
- It is noticed that specified year versions of standards are set out in the proposed new Schedule 2 of the WWO (Appendix (ii)(a) of the DDI). Given the requirements of the standards might be superseded by newer versions over time, to uphold the safety to the public, the WSD should add a note in the proposed schedule about the applicability of the latest revised edition of these standards by default and the grace period allowed.
- It is also noticed that the requirements of some standards, e.g. Australian/New Zealand Standard and British Standard are set out in the proposed new Schedule 2. Considering that the WSD has better expertise than CC in the realm of plumbing works and plumbing materials, CC has no comment about the WSD’s selection of these specified standards from a technical perspective. Nevertheless, CC suggests that in addition to these specified standards, relevant standards of other developed economies should also be considered for inclusion where appropriate, in order to provide more choices for the trade, and the products available for consumers. Moreover, when selecting appropriate standards, local factors such as the high density of high-rise buildings should also be taken into account. In view of the rapid technology and city development, the WSD should review the suitability of the standards from time to time, so as to ensure that the requirements stipulated in the legislation are applicable to the ever-changing local conditions, and to secure the safety and reliability of the local plumbing systems.
- In Part 7 of the proposed new Schedule 2, it is noticed that some apparatuses (e.g. toilet seat with bidet, faucet type or countertop type water filter, domestic dish washer, domestic washing machine, etc.) and their respective requirements (if any) are specified. CC suggests that other electrical appliances similar to domestic washing machines (e.g. domestic washer-dryers, and domestic clothes dryers with water inlet) should also be properly specified to avoid any confusion. Moreover, considering that there would be requirements imposed on water-using apparatuses and apparatuses for the treatment or filtration of water, the relevant trade of all such apparatuses should be engaged as appropriate to ensure their compliance to the requirements.
Safeguarding Drinking Water Safety at Consumers’ Taps
- In the view to enhance water safety, CC agrees with the proposed amendments to introduce a new offense against contamination in a fresh water inside service, and what constitutes as an offence and the sanction involved should be clearly communicated to the public.
- Referring to paragraph 172 of the DDI, CC notes that it is proposed to impose duty on the parties responsible for the maintenance of the inside service and fire service, as well as communal service, to carry out investigation to identify the cause and location of the water safety problem as well as water loss problem. When it comes to non-communal pipes and fittings inside a building, it seems that the registered consumer is responsible for the maintenance of the internal plumbing systems serving only his/her own house/flat. However, it is possible that certain parts of such internal plumbing systems on which the registered consumers have maintenance responsibility are situated outside their own houses/flats, e.g. inside a pipe room which is locked by the property management company, or concealed inside walls in a common area of the building. Therefore, the registered consumers might not have access to those area and are unable to carry out the required duty, not to mention the fact that they might not even be aware of such maintenance responsibility at all. If such parts of the internal plumbing systems have problems (e.g. leakage or water safety problem), the registered consumers might think it unreasonable for them to bear the responsibility and potentially huge cost of maintenance or compensation, and it might give rise to dispute between the registered consumers and other parties (e.g. the property management company, insurance company, neighbourhood, etc.). CC urges the WSD to look into this scenario and develop practical guidelines to all parties concerned when reviewing the WWO and WWR. Moreover, it is essential that the WSD implements effective public education programme to inform the public on the scope of responsibility borne by them in maintaining pipes and fittings inside and outside their own houses/flats, and the WSD should advise consumers what practical measures could be taken to meet the requirements and to mitigate their risk (e.g. huge cost of maintenance or compensation) in bearing such responsibility.
Water Efficiency Labelling Scheme
- Referring to paragraph 179, the WSD has launched the voluntary Water Efficiency Labelling Scheme (WELS) since 2009 for 6 types of plumping fixtures and water-consuming devices. However, the types and number of products under the prescribed WELS Types in the market is still low due to its voluntary nature. CC agrees with the proposed amendments to introduce mandatory WELS as a key enabler to strengthen water efficiency and reduce water use at households. Taking the successful case of the Mandatory Energy Efficiency Labelling Scheme (MEELS) for electrical appliances, a mandatory labelling scheme will help consumers to be more aware of the efficiency and environmental performance of a product. It will also drive the industry to introduce products with higher water efficiency to meet the growing demand.
- CC is aware that there is only a very limited number of local testing institutes which can provide testing services on water efficiency in the 6 types of plumping fixtures and water-consuming devices listed under the WELS. Therefore, CC would suggest the WSD to work with local testing institutes to develop and promote testing services in order to facilitate the industry for the implementation of the mandatory WELS.
- Furthermore, more stringent grading thresholds should be adopted whenever feasible in the mandatory WELS so as to provide meaningful differentiation on products of different levels of water efficiency performance, with specific guidelines on its display of marketing and sales materials. Moreover, the Council is of the view that water-saving technology should advance very quickly, thus the WSD may take a bolder step of adopting a more stringent grading thresholds at the commencement of the mandatory WELS. It can bring a dual benefit of accelerating the water-saving momentum in town and bringing administrative convenience in managing the scheme. CC suggests that the grading thresholds, especially those for the top Grade 1, be at least comparable with those currently adopted in other advanced economies and the pace of development in Hong Kong should not fall behind the international momentum when the mandatory WELS commences (expected to be commenced in Q2 2024).
- In addition to the 6 product types currently covered under the WELS, CC suggests that other product types in the domestic or commercial sector, e.g. industrial washing machines, domestic and industrial dishwashers, etc. should also be explored to be included in the WELS in due course.
- In the proposed new Schedule (Appendix (iv)(a) of the DDI), for the section under “Division 3 Washing Machines” which specifies the scope of washing machines under the WELS, it is noticed that the descriptions are different from the scope of washing machines under the MEELS in the latest version of the Code of Practice on Energy Labelling of Products. For example, in the latest version of the Code of Practice on Energy Labelling of Products, it clearly specifies that washer-dryers (i.e. having built-in dryers for drying textiles by means of heating) are also covered within the scope of washing machines under the MEELS. Also, the washing machines are classified into 2 categories, namely horizontal axis washing machines and vertical axis washing machines, rather than horizontal drum type washing machines and impeller type or agitator type washing machines. In fact, agitator type washing machines have already been phased out from the local market. CC suggests that the descriptions under the WELS and the MEELS should tally with each other as far as possible to minimise possible confusion.
Maintenance and Rectification of Water Loss in Communal Part of Internal Plumbing Systems
- Referring to Item 5.3 of the DDI which is about the water loss charge in communal service, it is noticed that a person who is aggrieved by a decision of the WA on the grace period for rectification may appeal to an appeal board against the decision. CC considers that the length of the grace period for rectification should be reasonably sufficient for carrying out the necessary rectification works. Besides, other decisions of the WA, e.g. the issuance of rectification notice or the water loss charge, can also be explored to be covered in the appeal mechanism as well.
Supply of Recycled Water
- For sustainable consumption of natural resources, CC supports the initiatives on supplying recycled water for toilet flushing and other non-drinking uses (e.g. landscape irrigation, street washing, etc.) in areas mentioned in paragraph 241 of the DDI and extending to other areas as appropriate.
- Although the recycled water is supplied for toilet flushing and other non-drinking uses only, CC suggests that the hygiene quality of the recycled water should be closely monitored to ensure that it is of a sufficient level of hygiene.
- To promote the recycling of water in the private sector, CC suggests that the WSD can explore the feasibility of introducing a support scheme which aims to facilitate businesses (e.g. property developers, property management companies, hotels, etc.) to implement water recycling facilities and to utilise the recycled water for non-drinking purposes in their buildings. For instance, in addition to financial assistance, the WSD can establish a list of approved water recycling equipment and materials to help the businesses in selecting relevant and high quality products as well as to enhance their confidence in adopting water recycling technology.
Fees and Charges
- Referring to Item 7.8 of the DDI, CC supports the proposal to empower the WA to reduce, waive or refund the charge as it thinks fit to mitigate the burden on the public in hard times. Nevertheless, CC opines that the criteria in determining the amount of reduction, etc. should be made transparent to the public.
Code of Practice
- CC supports the proposal to introduce a code of practice (“COP”) stipulating all the essential technical requirements of plumbing works and materials as well as the WELS, so as to enable the technical requirements to be updated more readily when required, and to keep pace with the advancement in technologies. This proposal is similar to CC’s suggestion of introducing a COP back in year 2016 in CC’s response to the WSD on the proposal on updating of technical requirements and pipe and fitting standards for plumbing works.
Consumer Council
June 2022
