14Defective or uninspected plumbing and drainage
work
(1)
The plumbing regulator may, by written notice
given to the responsible person for plumbing and drainage work, direct the
responsible person—
(a)
to repair, as specified by the plumbing
regulator, work done otherwise than in a proper and skilful manner,
or
(b)
to make code compliant work that is not code
compliant, or
(c)
to repair, as specified by the plumbing
regulator, a defective fitting used in any of the work done,
or
(d)
if a fitting used in the plumbing and drainage
work is not an authorised fitting, to replace the fitting with an authorised
fitting, or
(e)
to disconnect the supply of water to premises, or
part of premises, if the plumbing regulator considers, on reasonable grounds,
that there is a risk to public health, or
(f)
to disconnect a sanitary plumbing system or
sanitary drainage system from a sewer, if the plumbing regulator considers, on
reasonable grounds, that there is a risk to public health,
or
(g)
to uncover all or part of the work to allow the
plumbing regulator to inspect the work if—
(i)
the responsible person failed to notify the
plumbing regulator when the work was ready for inspection in accordance with
section 13, or
(ii)
the work was not accessible and ready to be
inspected during the inspection period referred to in that section,
or
(h)
if the responsible person has failed to comply
with section 9, 15 or 16, to give to the plumbing regulator any notice or
other document required to be given under the section concerned,
or
(i)
to disconnect any plumbing or drainage installed
by the responsible person that is connected to other plumbing and drainage
work that has been previously installed in contravention of this Act,
or
(j)
if the responsible person has failed to comply
with section 13 (5) (b), to re-notify the plumbing regulator when the work
will be ready for inspection.
(2)
A responsible person to whom a direction is given
must comply with the direction within the period specified in the written
notice, unless the responsible person has a reasonable excuse.
Maximum penalty—100 penalty units and, in
the case of a continuing offence, a further penalty of 50 penalty units for
each day the offence continues.
(3)
If a direction is given to a responsible person
before a certificate of compliance is given for the plumbing and drainage
work, the responsible person must comply with the direction before continuing
with the work.
Maximum penalty—100 penalty
units.
(4)
A direction ceases to have effect if the plumbing
and drainage work that is the subject of the direction is the subject of an
order made by the Civil and Administrative Tribunal under the Home Building Act
1989.
(5)
A direction is of no effect if it is issued more
than 2 years after the plumbing and drainage work to which it relates has been
completed.
(6)
A person who holds an endorsed contractor licence
or supervisor certificate under the Home Building Act
1989 authorising the person to do plumbing and drainage
work and who gives the plumbing regulator a certificate of compliance in
respect of any plumbing and drainage work that the person is authorised to do
or supervise is taken, for the purposes of this section, to be the responsible
person in respect of all work that is the subject of the certificate of
compliance.
(7)
For the avoidance of doubt, a single written
notice may contain more than one direction under this
section.
(8)
For the purposes of subsection (5), plumbing and
drainage work is completed by a responsible person when the responsible person
completes, in accordance with this Act, the whole of the plumbing and drainage
work that the person was engaged to carry out, has given notice under section
13 (1) and the period during which the plumbing and drainage work must be
available for inspection by the plumbing regulator has
ended.
(9)
Section 13 (2)–(6) apply to a
re-notification in accordance with a direction under subsection (1) (j) in the
same way as those provisions apply to a notification under section 13
(1).
(10)
It is a defence to a prosecution under subsection
(2) in relation to a direction under subsection (1) (g) if the responsible
person concerned establishes that they took all reasonable steps to ensure the
plumbing and drainage work or the part of the plumbing and drainage work
concerned was uncovered in accordance with the
direction.
s 14: Am 2013 No 95,
Sch 4.29; 2018 No 43, Sch 2.2 [5]–[8].