Division 3 Inspection of plumbing and drainage work

12   Inspection of plumbing and drainage work by plumbing regulator

(1)  The plumbing regulator may, for the purpose of monitoring compliance with this Act, inspect any plumbing and drainage work.

(2)  To avoid any doubt, the plumbing regulator may carry out more than one inspection of plumbing and drainage work if the regulator considers it necessary in the circumstances.

(3)  The regulations may make provision for the fee payable for inspections by the plumbing regulator.

13   Responsible person to notify plumbing regulator when work is ready for inspection

(1)  A responsible person for plumbing and drainage work must notify the plumbing regulator when the work will be ready for inspection by the plumbing regulator before, or within the period prescribed by the regulations after, completing the work.

Maximum penalty: 100 penalty units.

(2)  Notice is duly given only if any fee required to be paid by the regulations for the inspection has been paid to the plumbing regulator.

(3)  Before carrying out an inspection, the plumbing regulator must advise the responsible person:

(a)  of the period during which the plumbing and drainage work must be available for inspection by the plumbing regulator (the inspection period), and

(b)  that the responsible person must ensure the plumbing and drainage work is accessible for inspection during the inspection period.

(4)  The inspection period is to be a period agreed between the plumbing regulator and the responsible person or, in the absence of an agreement, another period specified by the plumbing regulator that is reasonable in the circumstances.

(5)  The responsible person must, unless the responsible person has a reasonable excuse:

(a)  ensure the plumbing and drainage work is accessible and ready to be inspected during the inspection period, and

(b)  be present, or ensure that an agreed representative of the responsible person is present, during the inspection period at the place at which the plumbing and drainage work has been carried out.

Maximum penalty: 100 penalty units.

(6)  In this section, an agreed representative of a responsible person means a person who is qualified to carry out (without supervision) the work that is the subject of the inspection and who is nominated by the responsible person, with the agreement of the plumbing regulator, to attend the inspection as the responsible person’s representative.

14   Defective 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 there is a risk to public health, or

(f)  to disconnect a sanitary plumbing system or sanitary drainage system from a sewer, if there is a risk to public health.

(2)  A responsible person to whom a direction is given must comply with the direction, unless the responsible person has a reasonable excuse.

Maximum penalty: 100 penalty units.

(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 Consumer, Trader and Tenancy 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.