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BUILDING ACT 1993 - SECT 221ZH Compliance certificate must be given for most plumbing work

BUILDING ACT 1993 - SECT 221ZH

Compliance certificate must be given for most plumbing work

    (1)     This section only applies to the following plumbing work

        (a)     any plumbing work that has a total value of $500 or more (or any higher amount fixed by the regulations); and

S. 221ZH(1)(b) substituted by No. 75/1998 s. 10(1).

        (b)     the installation, relocation or replacement of any gas-using appliance; and

S. 221ZH(1) (ba) inserted by No. 75/1998 s. 10(1).

        (ba)     the conversion of a gas-using appliance for use with a different gaseous fuel; and

S. 221ZH(1) (bb) inserted by No. 75/1998 s. 10(1).

        (bb)     the installation, modification or relocation of consumer gas piping (other than work that is carried out on consumer gas piping by, or on behalf of, a gas company and that is incidental to the modification of the gas company's assets under the provisions of an accepted safety case under the Gas Safety Act 1997 ); and

S. 221ZH(1)(c) amended by No. 85/2000 s. 9.

        (c)     the construction, installation or alteration of any below ground sanitary drain or associated gullies; and

S. 221ZH(1)(d) inserted by No. 85/2000 s. 9.

        (d)     the construction, installation, alteration, relocation or replacement of a cooling tower or of any other part of a cooling tower system (including the installation or replacement of any associated device or equipment).

S. 221ZH(2) amended by No. 33/2010 s. 41.

    (2)     Within 5 days of the completion of any plumbing work to which this section applies that he or she has carried out or supervised, a licensed plumber must—

        (a)     give the person for whom the work was carried out a signed compliance certificate in respect of the work; and

S. 221ZH(2)(b) amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch.  1 item 66).

        (b)     notify the Authority, in the manner specified by the Authority, that the compliance certificate has been given.

Penalty:     60 penalty units.

S. 221ZH(2A) inserted by No. 36/2008 s. 21(1).

    (2A)     A person for whom plumbing work to which this section applies has been carried out may, by notice served on the licensed plumber, request the licensed plumber to give the person a signed compliance certificate for the work carried out or supervised by the plumber

        (a)     if the plumber has not completed the work that the plumber was engaged to carry out; and

        (b)     the person believes on reasonable grounds that the plumber will not complete the plumbing work.

S. 221ZH(2B) inserted by No. 36/2008 s. 21(1), amended by No. 33/2010 s. 41.

    (2B)     Within 5 days of service of a notice under subsection (2A), a licensed plumber must—

        (a)     give the person for whom the work was carried out a signed compliance certificate in respect of the work; and

S. 221ZH

(2B)(b) amended by No. 34/2013 s. 34(Sch. 1 item 66).

        (b)     notify the Authority, in the manner specified by the Authority, that the compliance certificate has been given.

Penalty:     60 penalty units.

S. 221ZH(3) amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch.  1 item 66).

    (3)     A document is not a compliance certificate unless the certificate form used is a form that has been supplied by the Authority or a person authorised by the Authority.

S. 221ZH(4) inserted by No. 75/1998 s. 10(2), substituted by No. 36/2008 s. 21(2).

    (4)     For the purposes of this section plumbing work is completed by a licensed plumber when whichever of the following first occurs—

        (a)     the plumber completes the whole of the plumbing work that he or she was engaged to carry out in accordance with the relevant plumbing laws;

        (b)     the whole of the plumbing work that the plumber was engaged to carry out is capable of being used in accordance with the relevant plumbing laws.

S. 221ZH(5) inserted by No. 75/1998 s. 10(2), amended by No. 36/2008 s. 21(3).

    (5)     If a plumber carries out or supervises any plumbing work to which subsection (1)(b), (ba) or (bb) applies, for the purposes of subsection (2) or (2B) he or she must give a separate compliance certificate in respect of the work for each separately metered premises on or at which the work is carried out, even if all of the work was carried out or supervised by the plumber for the same person under a contract.

S. 221ZH(6) inserted by No. 96/2004 s. 15.

    (6)     If a licensed plumber gives a person a signed compliance certificate, but fails to do so within 5 days after the completion of the relevant work, or fails to comply with subsection (2)(b), the failure to comply with subsection (2) does not affect the validity of the certificate.

S. 221ZH(6A) inserted by No. 36/2008 s. 21(4).

    (6A)     If a licensed plumber gives a person a signed compliance certificate, but fails to do so within 5 days after the service of a notice under subsection (2A), or fails to comply with subsection (2B)(b), the failure to comply with subsection (2B) does not affect the validity of the certificate.

S. 221ZH(7) inserted by No. 96/2004 s. 15.

    (7)     Subsection (6) applies regardless of whether the compliance certificate was given before, on or after the day subsection (6) took effect.

S. 221ZI inserted by No. 39/1996 s. 5, amended by No. 75/1998 s. 11(2) (ILA s. 39B(1)).