New South Wales Consolidated Acts

PLUMBING AND DRAINAGE ACT 2011 - SECT 14

14 Defective 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.