- Who is responsible for fixing and or carrying the cost of the non-compliance?The homeowner is responsible. Your responsibility as a professional plumber is to draw attention to the pre-existing non-compliance and the risk associated with it.
- What will happen if I do not issue a non-compliance?First and foremost, all notifications of non-compliance are a requirement of both the Consumer Protection Act and the mandatory standards. Not issuing the notice means you are falling foul of the regulations and further you will be issued with a rectification notice by the PIRB. Secondly, in the case of any future liability, you may be held jointly and severally liable for claims resulting from the installation.
- What will happen if I do not carry out the rectification?If a plumber does not complete the remedial action concerning the rectification notice or provide substantiated reasons as to why the rectification was not undertaken, disciplinary action will be taken against the plumber, which may lead to suspension of registration with the PIRB. To safeguard the homeowner the PIRB may also need to provide the homeowner with the findings, and they may choose to take legal action against the plumber.
- What is the PIRB's Complaints Procedure for Installations?It is important for the Plumbing Industry Registration Board to support both the consumer and the plumber within the plumbing industry, to ensure a safe and healthy environment. The Consumer Protection Act ascertains for the promotion of a fair, accessible, and sustainable marketplace for consumer products and services. In addition, the Act makes provision for improved standards of consumer information to prohibit unfair business practices. The PIRB’s Complaints Procedure creates a platform for consumers to raise concerns in cases of incorrect plumbing installations, which in turn gives an opportunity for those concerns/complaints to be addressed in a professional manner. This process should only begin once every attempt has been made to resolve the matter with the plumber who completed the work/installation. For the PIRB to address consumer grievances, the following ought to be considered:
- Complaints are registered only on receipt of a completed complaints form. Consumers are urged to fully complete the complaints form with as much detail as possible and to attach all supporting documents.
- To enable PIRB to implement its Complaints Procedure, the complainant must be willing and able to submit relevant evidence supporting the complaint.
- It is important to note that PIRB assists in facilitating a resolution between the complainant and the plumber. Ultimately, the plumber remains responsible for fixing any non-compliant plumbing work if such non-compliance is confirmed.
- If the complaint is received within the first six months of the initial plumbing work, the PIRB can authorize an audit depending on the merits of the complaint. Once the audit report is completed, the PIRB will engage with the responsible plumber about potential refixes.
- Should the complaint be received more than 6 months and less than 3 years after the initial plumbing work, the PIRB can only compile an audit report that the complainant may use if they wish to take further action in accordance with the CPA.
- For work done more than 3 years prior a motivation may be submitted to the PIRB to justify evaluation of the complaint. Such requests will be evaluated based on the merits of the motivation.
- All the communication between the plumber, the consumer and the PIRB is kept confidential. In addition, it is required that consent is given by the homeowner before any form of investigation is conducted.
- What is a rectification notice?A rectification notice is a notice that may be given by an auditor after an audit has taken place. The rectification notice will denote any particular findings of the relevant plumbing works. The notice may outline the failures and the rectifications required by yourself.
- What does an Auditor's ID Card look like?
- The auditor has engaged with my customer for work, what do I do now?An auditor may not engage with or attract work from your customer resulting from the PIRB audit process. If you find that an auditor has done this, please inform PIRB immediately so that it may be investigated and if required, the necessary corrective action will be taken.
- If I receive a rectification notice, how long do I have to carry out the rectification?The rectification must be corrected within five working days, however, if a request is made to the auditor with valid reason and/or proof, extensions can be provided.
- Can I quote the customer on any non-compliances?Your duty as a professional plumber is to notify the homeowner of non-compliance. It is the responsibility of the homeowner to rectify the non-compliance. If the homeowner wishes for you to quote on the rectifying of the non-compliance and make use of your services, you are free to do so. You are not precluded from doing this in any way. We do however caution you that the notification and quoting should be done before any work been undertaken as this will most likely lead to a dispute if done after.
- Can I issue a non-compliance on a new installation or new work undertaken by myself?In the case of newly built installation undertaken by yourself, there should never be any non-compliance, and therefore no non-compliance notice should have to be issued. In the case where you are working on a pre-existing installation, the actual work undertaken by yourself must be complaint and as part of meeting that compliance requirement, you must notify the homeowner in writing of any non-compliance. Also Read: <<Frequently indicated non-compliance notices>>
- Are auditors audited?Certainly, yes. The Auditors themselves are also audited to ensure consistency, fairness, and transparency.
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