Victorian Current Acts

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BUILDING ACT 1993 - SECT 221ZW

Inspector or auditor may require plumber to rectify faulty work

    (1)     This section applies if a plumbing inspector or compliance auditor is of the opinion that particular plumbing work is in breach of any plumbing laws that apply to the work.

    (2)     The inspector or auditor may give the person who carried out the work, or who supervised the carrying out of the work, a written rectification notice requiring the person to rectify the work to make it comply with the plumbing law that the work does not comply with within the time specified by the inspector or auditor.

    (3)     If a certificate of compliance was given with respect to the work, the inspector or auditor may also require the licensed plumber who signed the certificate to produce a new certificate of compliance in respect of the rectified work and to give the inspector or auditor a copy of that new certificate within the time specified by the inspector or auditor.

    (4)     In requiring a copy of a new compliance certificate under subsection (3), the inspector or auditor must allow the licensed plumber a period of at least 10 days after the date of the notice to comply with the requirement.

    (5)     A person—

        (a)     must comply with any requirement made by an inspector or auditor in a rectification notice; and

        (b)     must not ask for, or receive, from the person for whom the work was originally carried out (or any agent of that person) any money in respect of any cost arising from anything the person does in complying with a rectification notice.

Penalty:     50 penalty units.

    (6)     The inspector or auditor must make it clear in a rectification notice in what way the work that needs rectification is defective.

S. 221ZW(7) amended by Nos 28/2000 s. 20(c), 21/2017 s. 96(3)(4).

    (7)     If a person applies to VCAT under section 221ZX to have a rectification notice cancelled, he or she need not comply with the notice until he or she abandons the application or receives written notice that VCAT has affirmed the rectification notice or dismissed the application.

    (8)     For the purposes of subsection (7), if the time specified to comply with a rectification notice is expressed as a date, the time within which the notice must be complied with is the number of days between that date and the date the notice was given to the person.

    (9)     If an inspector or auditor gives a rectification notice to a person before the person produces any compliance certificate that the person is required to produce in respect of particular plumbing work, the person must still produce the compliance certificate once the rectification work has been completed.

    (10)     The inspector or auditor must give a copy of the rectification notice to the person on whose behalf the plumbing work was carried out.

S. 221ZW(11) inserted by No. 99/1997 s. 121(7).

    (11)     If the rectification notice relates to gasfitting work, the inspector or auditor must give a copy of the rectification notice to the relevant gas distribution company.

S. 221ZX inserted by No. 39/1996 s. 5.



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