PART 3B | REGULATED WORKS AND WSI DESIGN WORKS |
Division 1 — Prohibitions relating to regulated works
and WSI design works |
| Prohibitions against carrying out of regulated works, etc. |
40G.—(1) An individual must not carry out, or offer or undertake to carry out, any regulated works unless the individual —| (a) | is a licensed plumber; or | | (b) | acts under the direct supervision of a licensed plumber. [11/2018] |
| (2) An individual must not hold himself or herself out (whether by an advertisement or any other means) as authorised under this Act to carry out any regulated works, unless the individual is a licensed plumber. [11/2018] |
(3) A person must not in the course of business (whether or not carried on for profit) provide, or offer or undertake to provide, the carrying out of any regulated works unless the person ensures that those works are carried out by —| (a) | one or more licensed plumbers; or | | (b) | one or more individuals acting under the direct supervision of one or more licensed plumbers. [11/2018] |
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| (4) A person must not hold out (whether by an advertisement or any other means) that the person is authorised under this Act to provide in the course of business the carrying out of any regulated works, unless the person ensures that those works are carried out by the individuals mentioned in subsection (3)(a) or (b). [11/2018] |
| (5) An owner or occupier of any premises who wishes to have any sanitary works or WSI works carried out at the premises must only engage a person permitted under subsection (1) or (3) to carry out those works or provide the carrying out of those works, as the case may be. [11/2018] |
(6) An owner or occupier of any premises who wishes to have any limited WSI design works carried out on a water service installation situated at the premises must only engage —| (a) | a person permitted under subsection (1) or (3) to carry out those works or provide the carrying out of those works, as the case may be; or | | (b) | a professional engineer to carry out those works. [11/2018] |
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| (7) Any person who contravenes subsection (1), (2), (3) or (4) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both. [11/2018] |
| (8) Any person who contravenes subsection (5) or (6) shall be guilty of an offence. [11/2018] |
| (9) Subsections (1), (2), (3) and (4) do not apply to a professional engineer in respect of any limited WSI design works. [11/2018] |
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| Prohibition against engagement of persons to carry out certain WSI design works |
| 40H.—(1) An owner or occupier of any premises who wishes to have any WSI design works carried out on a water service installation situated at the premises must, where the WSI design works are not limited WSI design works, only engage a professional engineer to carry out those works. [11/2018] | (2) Any person who contravenes subsection (1) shall be guilty of an offence. [11/2018] |
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| Division 2 — Licensing of plumbers |
| Application for plumber’s licence |
40I.—(1) An application to the Board for a plumber’s licence must —| (a) | be in such form and manner as the Board may require; | | (b) | be accompanied by an application fee (if prescribed); and | | (c) | be accompanied by the documents and information required by the Board to consider the application. [11/2018] |
| (2) In considering an application under subsection (1), the Board may carry out such inquiries and investigations in relation to the application as the Board considers necessary. [11/2018] |
| (3) The Board may refuse to consider an application for a plumber’s licence that is incomplete or not made in accordance with this section. [11/2018] |
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| Grant of plumber’s licence |
40J.—(1) An applicant is ineligible for a plumber’s licence if the applicant —| (a) | has not completed any course, training, assessment, examination or test on any regulated works as the Board may require; | | (b) | does not, in the Board’s opinion, have the necessary qualifications or experience to be a licensed plumber; | | (c) | does not, in the Board’s opinion, have an acceptable knowledge of the requirements imposed by or under this Act or the Sewerage and Drainage Act 1999 on a licensed plumber; and | | (d) | does not satisfy other eligibility requirements (if prescribed) to be a licensed plumber. [11/2018] |
(2) In deciding whether an applicant has an acceptable knowledge of the requirements mentioned in subsection (1)(c), the Board may have regard to —| (a) | the results of any assessment, examination or test mentioned in subsection (1)(a) completed by the applicant; and | | (b) | if the Board considers relevant, the results of any other assessment, examination or test on any regulated works completed by the applicant, whether before, on or after 1 April 2018. [11/2018] |
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| (3) The Board may, after considering the matters mentioned in subsections (1) and (2) and on payment of a licence fee (if prescribed), grant a plumber’s licence to an individual. [11/2018] |
(4) A plumber’s licence granted under subsection (3) —| (a) | authorises a licensed plumber to carry out any regulated works; and | | (b) | is subject to any conditions that the Board may impose. [11/2018] |
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(5) A plumber’s licence continues in force —| (a) | for the life of the holder of a plumber’s licence; or | | (b) | for such period as the Board may specify in the licence, |
| unless the licence is earlier suspended or cancelled under section 40L or earlier surrendered under section 40M. |
[11/2018] |
| (6) A plumber’s licence is neither transferable nor assignable, and any purported transfer or assignment of the licence is void. [11/2018] |
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| Grounds for suspension or cancellation of plumber’s licence |
40K.—(1) The Board may suspend or cancel the plumber’s licence of an individual who —| (a) | has obtained the plumber’s licence by making or producing, or causing to be made or produced, any false or fraudulent declaration, certification or representation, whether in writing or otherwise; | | (b) | has, in the Board’s opinion, contravened any requirement imposed by or under this Act or the Sewerage and Drainage Act 1999 applicable to the individual, for which the individual is not liable for an offence; | | (c) | has, in the Board’s opinion, failed to comply with any condition of the plumber’s licence; | | (d) | has been charged with or convicted of an offence, under this Act or any other written law, such that it is undesirable, in the Board’s opinion, that the individual should continue to hold the plumber’s licence; | | (e) | if required by section 40N to complete any refresher course, training, assessment, examination or test, has failed to do so; | | (f) | is, for any reason, no longer suitable in the Board’s opinion to hold a plumber’s licence having regard to any of the matters mentioned in section 40J(1)(a) to (d); or | | (g) | in the Board’s opinion, has carried out or is carrying out any regulated works in a manner that adversely affects or is likely to adversely affect the health or safety of any individual, or of the public or a section of the public. [11/2018] |
(2) The suspension or cancellation of a plumber’s licence under this Act does not prejudice the enforcement —| (a) | by any person of any right or claim against the licensed plumber or former licensed plumber; or | | (b) | by the licensed plumber or former licensed plumber of any right or claim against any person. [11/2018] |
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(3) The Board does not have to —| (a) | pay any compensation to any individual whose plumber’s licence is suspended or cancelled; or | | (b) | refund any fee or part of the fee paid to the Board, in respect of any unexpired period of a plumber’s licence that is cancelled. [11/2018] |
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| Proceedings for suspension or cancellation of plumber’s licence |
40L.—(1) Before suspending or cancelling the plumber’s licence of an individual, the Board must give a written notice to the individual —| (a) | stating that the Board intends to suspend or cancel the plumber’s licence; and | | (b) | specifying the time within which written representations may be made to the Board with respect to the proposed suspension or cancellation, that must not be less than any time prescribed for the making of those representations. [11/2018] |
(2) The Board may, after considering any written representation under subsection (1)(b) from an individual —| (a) | suspend his or her plumber’s licence for a period not exceeding 12 months or any longer period that may be prescribed in substitution; or | | (b) | cancel his or her plumber’s licence. [11/2018] |
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| (3) Where the Board has made any decision under subsection (2) against an individual, the Board must serve on the individual concerned a notice of the decision. [11/2018] |
| (4) The Board’s decision under subsection (2) takes effect from the date that the notice under subsection (3) is given, or on a later date specified in the notice. [11/2018] |
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| Surrender of plumber’s licence |
| 40M.—(1) Subject to subsection (2), an individual may at any time surrender his or her plumber’s licence to the Board for cancellation. [11/2018] (2) The Board may refuse the surrender of a plumber’s licence under subsection (1) if —| (a) | the Board is investigating whether there is any circumstance that may result in the suspension or cancellation of the plumber’s licence; or | | (b) | the Board has started proceedings under section 40L with a view to suspending or cancelling the plumber’s licence. [11/2018] |
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| Division 3 — General provisions |
| Training requirements for licensed plumbers |
40N. A licensed plumber must —| (a) | complete any refresher course or training on any regulated works as required by the Board; and | | (b) | complete to the Board’s satisfaction any assessment, examination or test on any regulated works as required by the Board. [11/2018] |
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| Duties of licensed plumbers in relation to regulated works |
40O.—(1) A licensed plumber must, in respect of any regulated works that the licensed plumber carries out, or directly supervises another individual to carry out —| (a) | ensure that the carrying out of the regulated works complies with the requirements imposed by or under this Act; | | (b) | for any prescribed regulated works —| (i) | notify the Board, in accordance with any prescribed requirements, before the start of those works; and | | (ii) | submit to the Board, in accordance with any prescribed requirements, certifications for completion of those works; and |
| | (c) | comply with any other requirements that may be prescribed. [11/2018] |
| (2) Any licensed plumber who fails to comply with subsection (1) shall be guilty of an offence. [11/2018] |
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| Duties of professional engineers in relation to WSI design works |
40P.—(1) A professional engineer must, in respect of any WSI design works that the professional engineer carries out —| (a) | ensure that the carrying out of the WSI design works complies with the requirements imposed by or under this Act; | | (b) | for any prescribed WSI design works —| (i) | notify the Board, in accordance with any prescribed requirements, before the start of those works; and | | (ii) | submit to the Board, in accordance with any prescribed requirements, certifications for completion of those works; and |
| | (c) | comply with any other requirements that may be prescribed. [11/2018] |
| (2) Any professional engineer who fails to comply with subsection (1) shall be guilty of an offence. [11/2018] |
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| Directions to licensed plumbers, professional engineers, etc. |
40Q.—(1) Where the Board is of the opinion that —| (a) | a licensed plumber has failed, or is likely to have failed, to comply with a condition of his or her plumber’s licence in carrying out any regulated works; | | (b) | a licensed plumber has contravened, or is likely to have contravened, any requirement imposed by or under this Act or the Sewerage and Drainage Act 1999, in relation to any regulated works that the licensed plumber is responsible for; | | (c) | a professional engineer has contravened, or is likely to have contravened, any requirement imposed by or under this Act, in relation to any WSI design works that the professional engineer is responsible for; | | (d) | any water service installation does not conform to any requirement set out in the regulations made under section 72; or | | (e) | any sanitary works are not or were not carried out in conformity with any requirement imposed by or under the Sewerage and Drainage Act 1999, |
| the Board may give a direction, verbally or in writing, to any person specified in subsection (2), and the person must comply with the direction. |
[11/2018] (2) The persons specified for the purposes of subsection (1) are —| (a) | for a direction under subsection (1)(a) or (b) —| (i) | the licensed plumber mentioned in subsection (1)(a) or (b); or | | (ii) | if the Board is of the opinion that the licensed plumber mentioned in sub-paragraph (i) is incapable of carrying out any requirement specified in the Board’s direction, another licensed plumber; |
| | (b) | for a direction under subsection (1)(c) —| (i) | the professional engineer mentioned in subsection (1)(c); or | | (ii) | if the Board is of the opinion that the professional engineer mentioned in sub-paragraph (i) is incapable of carrying out any requirement specified in the Board’s direction, another professional engineer; |
| | (c) | for a direction under subsection (1)(d) —| (i) | the licensed plumber reasonably believed to have last carried out, or directly supervised the carrying out of, any limited WSI design works or WSI works on the water service installation that resulted in its non-conformity; | | (ii) | the professional engineer reasonably believed to have last carried out any WSI design works on the water service installation that resulted in its non-conformity; | | (iii) | if the Board is of the opinion that the licensed plumber or professional engineer mentioned in sub-paragraph (i) or (ii) is incapable of carrying out any requirement specified in the Board’s direction, another licensed plumber or professional engineer, as the case may be; | | (iv) | the owner or occupier of the premises where the water service installation is situated; or | | (v) | the consumer who is supplied water through the water service installation; and |
| | (d) | for a direction under subsection (1)(e) —| (i) | the licensed plumber reasonably believed to have last carried out, or directly supervised the carrying out of, the non-conforming sanitary works; | | (ii) | if the Board is of the opinion that the licensed plumber mentioned in sub-paragraph (i) is incapable of carrying out any requirement specified in the Board’s direction, another licensed plumber; or | | (iii) | the owner or occupier of the premises where the non-conforming sanitary works are or were carried out. [11/2018] |
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(3) A direction given under subsection (1) —| (a) | may require the person specified in subsection (2) to do, or to refrain from doing, such things as are specified in the direction or are of a description as specified in the direction; | | (b) | is to take effect at such time, being the earliest practicable time, as is determined by or under that direction; and | | (c) | may be revoked at any time by the Board. [11/2018] |
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| (4) The Board is not liable for any cost or expense incurred by any person specified in subsection (2) in complying with any direction given by the Board under this section. [11/2018] |
(5) Where a licensed plumber or professional engineer receives a direction from the Board under this section —| (a) | the licensed plumber or professional engineer (as the case may be) must notify the affected owner, occupier or consumer specified in subsection (2)(c)(iv) or (v) or (d)(iii) (as the case may be) of the direction; and | | (b) | the Board may disconnect or refuse to supply water through the water service installation until such time that the requirements of the Board specified in the direction have been complied with. [11/2018] |
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| (6) Any person to whom a direction is given under this section who fails to comply with the direction shall be guilty of an offence. [11/2018] |
| (7) To avoid doubt, this section does not affect the application of section 11(2) of the Sewerage and Drainage Act 1999. [11/2018] |
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