BUILDING ACT 2004 - SECT 44 Stage inspections

BUILDING ACT 2004 - SECT 44

    (1)     If a certifier receives a notice under section 43 (2) for building work, the certifier must inspect the building work as soon as practicable.

    (1A)     A regulation may make provision for the inspection of stages of building work.

    (2)     On, or as soon as practicable (but in any case within 2 working days), after inspection, the certifier must—

        (a)     if satisfied on reasonable grounds that the building work does not comply with section 42 (Requirements for carrying out building work), give the building licensee in charge of the building work written notice that—

              (i)     the work does not comply with section 42; and

              (ii)     includes directions that are reasonable and appropriate for achieving compliance; and

              (iii)     states the date that the noncompliance came to the certifier's attention; or

        (b)     if satisfied on reasonable grounds that building work complies with section 42—certify that the work complies and give the certificate to the building licensee in charge of the building work.

Note 1     Section 42 includes the requirement that building work must be carried out in accordance with approved plans.

Note 2     If a form is approved under s 151 for a certificate under this provision, the form must be used.

    (2A)     A building licensee commits an offence if—

        (a)     building work has reached a stage; and

        (b)     the building work is not within a prescribed exception; and

        (c)     the licensee does building work beyond the stage; and

        (d)     the licensee does not obtain—

              (i)     written notice under subsection (2) (a) stating that the work may proceed beyond the stage subject to directions for achieving compliance; or

              (ii)     a certificate under subsection (2) (b).

Maximum penalty: 50 penalty units.

    (2B)     A building licensee commits an offence if—

        (a)     building work has reached a stage; and

        (b)     the building work is not within a prescribed exception; and

        (c)     the licensee does building work beyond the stage; and

        (d)     the licensee obtains—

              (i)     written notice under subsection (2) (a) but does not comply with a direction for achieving compliance; or

              (ii)     a certificate under subsection (2) (b) but does not comply with a condition of the certificate.

Maximum penalty: 50 penalty units.

    (3)     A certifier commits an offence if the certifier contravenes subsection (1) or (2).

Maximum penalty: 10 penalty units.

    (4)     An offence against this section is a strict liability offence.

    (5)     A certifier must certify that building work complies with section 42 and give the certificate to the building licensee in charge of the building work if the certifier—

        (a)     has given a notice mentioned in subsection (2) (a) to the licensee; and

        (b)     is satisfied on reasonable grounds that—

              (i)     the building licensee in charge of the building work has done what is reasonable and appropriate to achieve compliance (even if what is done is not in accordance with the directions in the notice); and

              (ii)     the building work otherwise complies with section 42; and

        (c)     if a regulation prescribes a procedure to be followed in relation to the certification—follows the procedure.

    (6)     A certifier may, by written notice, require the building licensee in charge of the building work to conduct, on the materials used or to be used in the work, on the structure of the building, or in relation to anything else connected with the work, the tests stated in the notice.

    (6A)     If a building licensee in charge of building work is required under subsection (6) to conduct a test, the licensee must, as soon as practicable after the test is completed, give the certifier the written results of the test.

    (7)     A regulation may prescribe when a certifier must give the construction occupations registrar the following for building work:

        (a)     a copy of each certificate for the building work issued under subsection (2) (b) or (5) (a relevant certificate );

        (b)     a copy of the following documents relating to the building work:

              (i)     the notice given to the certifier by the building licensee under section 43 (2);

              (ii)     any notice given to the licensee by the certifier under subsection (2) (a) or (6);

              (iii)     a plan or drawing;

              (iv)     any certificate or other document given or prepared by someone else that the certifier has relied on for the purpose of giving a relevant certificate;

              (v)     the certifier's working papers and calculations that are relevant to the giving of a relevant certificate.

Note     If no time is prescribed under this subsection, the certifier must give the copies to the construction occupations registrar under s 48 (Completion of building work).