(1) A plumbing
compliance officer may give a rectification notice in respect of plumbing work
if the officer is satisfied that —
(a) the
plumbing work was not carried out in accordance with the plumbing standards
that applied to the work at the time it was carried out; or
(b) the
plumbing work —
(i)
did not comply with the deemed-to-satisfy provisions in
the Plumbing Code as modified in accordance with regulation 49 at the time the
work was carried out; and
(ii)
a notice of intention to include a performance solution
was not given under regulation 45A for the work;
or
(c) the
plumbing work included the installation of a pipe, material, fixture or
component in respect of which regulation 52(1) applied and —
(i)
the installation specifications specified by the
manufacturer of the pipe, material, fixture or component were not complied
with; or
(ii)
the operating conditions specified by the manufacturer of
the pipe, material, fixture or component were exceeded;
or
(d) the
plumbing work was not carried out in a tradesman like manner.
(2) A rectification
notice cannot be given more than 6 years after —
(a)
unless paragraph (b) applies, the day on which —
(i)
for major plumbing work or plumbing work that includes a
performance solution — a certificate of compliance for the plumbing
work was given under regulation 42(1) or 45B(1), as the case
requires; or
(ii)
for minor plumbing work that does not include a
performance solution — the minor plumbing work was completed;
or
(b) if 1
or more previous rectification notices have been given in respect of the
plumbing work — the day on which the most recent previous
rectification notice in respect of the plumbing work was given.
(3) The rectification
notice is to be in the approved form and must specify —
(a) the
plumbing that is to be rectified; and
(b) the
rectification that is required to be carried out; and
(c)
whether the rectification must be carried out by a licensed plumbing
contractor or permit holder; and
(d) the
time within which the rectification must be carried out.
(4) The plumbing
compliance officer may give the rectification notice to the licensed plumbing
contractor or permit holder who —
(a) is
responsible for the particular plumbing work; or
(b) has
given, or is required to give, a certificate of compliance that covers the
work.
(5) If the plumbing
work was carried out by a person in contravention of regulation 9, the
plumbing compliance officer may give the rectification notice to that person.
(6) If a rectification
notice is given to a licensed plumbing contractor or permit holder the
plumbing compliance officer must give a copy of it to —
(a) if
the plumbing work relates to building work carried out under a building
permit — the person named as the builder on the building permit; or
(b)
otherwise — the owner of the place where the plumbing work was
carried out.
(7) The plumbing
compliance officer who gave a rectification notice, or the Board, may amend or
revoke the notice by giving the person to whom it was given a notice in the
approved form.
[Regulation 71 inserted: Gazette 24 Apr 2015
p. 1515‑17; amended: Gazette 13 Dec 2016 p. 5626;
18 Oct 2019 p. 3676‑7; SL 2024/12 r. 35.]