Pursuant to sections 28 and 30 of the Plumbers, Gasfitters, and Drainlayers Act 2006 ("the Act"), the following notice is given.
N o t i c e
1. Title-This notice may be cited as the Plumbers, Gasfitters and Drainlayers Board (Drainlaying Registration and Licensing) Notice 2010.
2. Commencement-This notice comes into force on 1 April 2010.
3. Drainlaying registration and licensing-Pursuant to sections 28 and 30 of the Plumbers, Gasfitters, and Drainlayers Act 2006 the Plumbers, Gasfitters and Drainlayers Board ("the board") designates the classes of drainlaying registration and prescribes matters relating to drainlaying registration and licensing as set out in the Schedule of this notice.
Schedule
Drainlaying classes of registration, authorised work for each class of registration, minimum standards for registration and terms and conditions of licensing under the Plumbers, Gasfitters and Drainlayers Act 2006.
Part A-Certifying Drainlayers
1. Authorised work
A certifying drainlayer, who holds a current certifying drainlayer practising licence issued by the board:
(a) may carry out drainlaying (as defined in the Act); and
(b) must be responsible for any supervision, testing and verification of the drainlaying undertaken by:
(i) licensed drainlayers;
(ii) holders of provisional licences ("provisional licensees");
(iii) trainee drainlayers who hold limited certificates to undertake drainlaying ("trainee drainlayers"); and
(iv) persons carrying out drainlaying pursuant to section 25 of the Act ("exempt persons").
2. Minimum standards for registration
(1) A person who has held a registered drainlaying licence for the year ending 31 March 2010 will, upon application to the board, be eligible to be licensed as a certifying drainlayer for the year ending 31 March 2011.
(2) Applicants must satisfy the board that they have advanced experience and proficiency in drainlaying work.
(3) These criteria are deemed to be met if the person:
(a) has held a drainlaying practising licence in the year ending 31 March 2009 and in the year ending 31 March 2010; or
(b) is a registered drainlayer and has held a craftsman plumber licence in the year ending 31 March 2010; or
(c) supervised a limited certificate holder in drainlaying in the year ending 31 March 2010.
(4) Persons not meeting the above criteria will be required to submit an application to the board to enable applicants to be assessed using the board’s registered drainlayer transition process. Applicants may be required to submit one or both of the following:
(a) A letter or letters from one or more territorial authority inspectors who have observed the applicant on at least five drainlaying contracts, as a limited certificate or registered drainlayer, and can verify that the applicant undertook that drainlaying;
(b) details of at least five drainlaying contracts which the applicant has undertaken including dates, addresses, building consent numbers and photographs of the drainlaying contracts. The board may require such information to be verified by a current or past employer or supervisor of the applicant.
(5) Persons who have held a certifying drainlayer licence for the year ending 31 March 2011, will be eligible to be licensed as a certifying drainlayer in each year thereafter.
(6) Any other person who has not held a registered drainlaying licence under the Plumbers, Gasfitters, and Drainlayers Act 1976 for the year ending 31 March 2010, must, after 1 April 2010, have:
(a) held a licence as a licensed drainlayer for a continuous period of not less than two years under the supervision of
a certifying drainlayer;
(b) passed the three-hour certifying drainlayer examination (reference 9198) set by the board; and
(c) passed the three-hour certifying common examination (reference 9194) set by the board.
(7) The certifying drainlayer examination and the certifying common examination, referred to above, will be set by the board so that to pass the examinations the applicant must demonstrate the following competencies:
(a) Advanced knowledge of design and verification processes, accepted workmanship practice, drainlaying techniques and the technologies employed to meet compliance requirements, including the testing of installations and materials.
(b) Advanced knowledge of trade calculations and sciences relevant to drainlaying and their application in verification processes and design of drainlaying systems.
(c) Advanced knowledge of the selection of materials, their properties and application used in the design and specification of systems.
(d) Advanced knowledge of drainlaying systems and components.
(e) Ability to access legislation, standards and codes of practice relating to drainlaying to meet compliance requirements.
(f) Advanced knowledge of conservation and environmentally-considerate processes relevant to drainlaying.
(g) Advanced knowledge of building and site construction and how it is affected by installation of drainage systems.
(h) Advanced knowledge of the integration of other building sectors in the construction industry.
(i) Advanced knowledge of business operations in so far as they relate to health and safety to members of the public, to the prevention of damage and property, and to ensuring the competency of persons undertaking drainlaying.
3. Terms and conditions of licence
(1) Certifying drainlayers must hold a current certifying drainlayer practising licence to undertake drainlaying work, as follows:
(a) To be eligible to obtain a licence, certifying drainlayers must, in the year ending 31 March 2012, and each year thereafter, obtain a minimum of 12 continual professional development ("CPD") points. A minimum of 8 CPD points must be technical drainlaying points and a maximum of 4 may be non-technical.
(b) In the year ending 31 March 2012, and each year thereafter, those certifying drainlayers who wish also to apply for a licence as a gasfitter or plumber, and are required to attain CPD points in order to uplift the additional licence, must obtain a minimum of 20 CPD points, with a minimum of 8 technical points for drainlaying and 8 technical points for the additional licence type.
(c) In the year ending 31 March 2012, and each year thereafter, those certifying drainlayers who wish also to apply for licences as a gasfitter and plumber, and are required to attain CPD points in order to uplift the additional
two licences, must obtain a minimum of 24 CPD points, with a minimum of 8 technical points for each of the three licence types.
(2) CPD points can only be obtained by completing programmes of learning that are accredited by the board prior to the course being undertaken. CPD points will not be allocated for courses that have not been accredited by the board except in exceptional circumstances and at the discretion of the Registrar of the board. Carry over of excess points from a previous year may be allowed at the discretion of the board.
(3) At all times when undertaking drainlaying work, a certifying drainlayer must be able to produce, on demand, a current certifying drainlayer licence card issued by the board.
(4) Where testing and verification is necessary to meet the requirements of the regulations under this Act, or the Building Act 2004, the certifying drainlayer is responsible for the testing and verification of the drainlaying work carried out by licensed drainlayers, provisional licensed drainlayers, limited certificate trainee drainlayers and persons exempt pursuant to section 25 of the Act, working under their supervision. Where work is undertaken by exempt persons pursuant to section 25 of the Act, the certifying drainlayer must test and verify the work.
(5) A certifying drainlayer must ensure that drainlaying undertaken by persons under the supervision of that certifying drainlayer (which may include licensed drainlayers, provisional licensees, trainee drainlayers and exempt persons):
(a) is performed competently;
(b) is the subject of appropriate safety measures; and
(c) complies with the requirements of the relevant regulations, including those regulations made pursuant to the Building Act 2004.
(6) A certifying drainlayer must ensure that all persons under supervision:
(a) are competent to perform the tasks they undertake;
(b) are adequately supervised or overseen (as applicable);
(c) comply with the relevant regulations, including the regulations made pursuant to the Building Act 2004; and
(d) with respect to an exempt person and a trainee drainlayer, can produce on demand a current identification card issued by the board.
(7) A certifying drainlayer must ensure that, during the first year of holding a limited certificate, a trainee drainlayer is at
all times working in the presence of the supervising certifying drainlayer, or a licensed drainlayer who is supervised by the same certifying drainlayer.
(8) A certifying drainlayer must ensure that during the first two years of working under an exemption pursuant to section
25 of the Act, the exempt person is at all times working in the presence of the certifying drainlayer supervising that person, or a licensed drainlayer who is supervised by the same certifying drainlayer.
(9) A certifying drainlayer must notify the board of the name, address and telephone number of every exempt person
under supervision prior to the exempt person first carrying out any drainlaying work under the certifying drainlayer’s supervision and on or before 1 April each year.
(10) A certifying drainlayer must pay a fee, as prescribed by the board, in respect of notified exempt persons under supervision.
(11) A certifying drainlayer who ceases to supervise a person previously supervised by that certifying drainlayer, must notify the board of this fact in writing. Until such notification is received, the certifying drainlayer remains responsible for any drainlaying work undertaken by that supervised person.
4. Licence period
The licence period is from 1 April to 31 March of the following year, provided that:
(a) a licence is issued for a maximum period of one licensing year;
(b) a licence issued after 1 April and before 31 March will expire at the end of that licence period (being 31 March).
5. Application Forms
The board must provide the following forms:
(a) Application for registration as a certifying drainlayer.
(b) Application for licence as a certifying drainlayer.
Part B-Licensed Drainlayers
6. Authorised work
A licensed drainlayer, who holds a current licensed drainlayer practising licence issued by the board, may carry out drainlaying work under the supervision of a certifying drainlayer.
7. Minimum standards for registration
(1) To become a licensed drainlayer a person must have either:
(a) obtained the National Certificate in drainlaying and passed the board’s three-hour examination (reference 9197); or
(b) complied with all of the following:
(i) Hold an overseas qualification that is accepted by the board as equivalent to a New Zealand National Certificate in Drainlaying under paragraph (a) above. To meet this requirement the applicant must both:
A. provide to the board documentary evidence of the applicant’s qualifications and assessment of those qualifications; and
B. attend an interview with the board to verify documentation and validate experiential and technical proficiency; and
(ii) passed the board’s three-hour examination (reference 9197); and
(iii) passed the board’s Practical Test of Workmanship using the National Competency assessment tasks and criteria.
(2) To pass the board’s examination (reference 9197) the applicant must demonstrate the following competencies:
(a) Knowledge of accepted drainlaying trade practice, workmanship, and health and safety;
(b) knowledge of trade calculations and sciences relevant to drainlaying;
(c) knowledge of materials and their physical properties and application used in the trade;
(d) ability to draw and interpret drawings and specifications including quantifying materials for drainlaying;
(e) practical knowledge of all aspects of drainlaying;
(f) ability to access legislation, standards and codes of practice relating to drainlaying;
(g) knowledge of ethical considerations for the delivery of drainlaying services;
(h) knowledge of conservation and environmentally considerate processes relevant to drainlaying; and
(i) knowledge of tools and equipment used in drainlaying.
8. Terms and conditions of licence
(1) Licensed drainlayers must hold a licensed drainlayer practising licence to undertake drainlaying work, as follows:
(a) To be eligible to obtain a current licence, licensed drainlayers must, in the year ending 31 March 2012, and each year thereafter, obtain a minimum of 12 continual professional development ("CPD") points. A minimum of 8 CPD points must be technical drainlaying points and a maximum of 4 may be non-technical.
(b) In the year ending 31 March 2012, and each year thereafter, those licensed drainlayers who wish also to apply for a licence as a gasfitter or plumber, and are required to attain CPD points in order to uplift the additional licence, must obtain a minimum of 20 CPD points, with a minimum of 8 technical points for drainlaying and 8 technical points for the additional licence type.
(c) In the year ending 31 March 2012, and each year thereafter, those licensed drainlayers who wish also to apply for licences as a gasfitter and plumber, and are required to attain CPD points in order to uplift the additional
two licences, must obtain a minimum of 24 CPD points, with a minimum of 8 technical points for each of the three licence types.
(2) CPD points can only be obtained by completing programmes of learning that are accredited by the board prior to the course being undertaken. CPD points will not be allocated for courses that have not been accredited by the board except in exceptional circumstances and at the discretion of the Registrar of the board. Carry over of excess points from a previous year may be allowed at the discretion of the board.
(3) At all times when undertaking drainlaying work, licensed drainlayers must be able to produce, on demand, a current certifying drainlayer licence card issued by the board.
(4) A licensed drainlayer may test drainlaying work under the supervision of a certifying drainlayer.
(5) A licensed drainlayer must work at all times under the supervision of a certifying drainlayer, without having to be in
the presence of that person.
(6) A licensed drainlayer does not have the authority to test and verify that drainlaying work complies with requirements of regulations under this Act or under the Building Act 2004.
(7) A licensed drainlayer is authorised to oversee limited certificate trainee drainlayers and exempt persons, but such persons must be supervised by the same certifying drainlayer.
(8) A licensed drainlayer must ensure that when overseeing a trainee drainlayer in the first year of a trainee drainlayer holding a limited certificate, the trainee drainlayer works in the presence of the licensed drainlayer who is supervised by the same certifying drainlayer. However, at all times the certifying drainlayer is the person responsible for supervision.
(9) A licensed drainlayer must ensure that when overseeing an exempt person in the first two years of working under an exemption issued pursuant to section 25 of the Act, the exempt person works at all times in the presence of that licensed drainlayer who is supervised by the same certifying drainlayer.
9. Licence Period
The licence period is from 1 April to 31 March of the following year, provided that:
(a) a licence is issued for a maximum of one year;
(b) a licence issued after 1 April and before 31 March will expire at the end of that licence period year (being
31 March).
10. Application forms
The board must provide the following forms:
(a) Application for registration as a licensed drainlayer.
(b) Application for a licence as a licensed drainlayer.
11. Glossary of terms
(1) Where the term "supervision" is used it refers to "supervision" as defined in section 4 of the Act.
(2) Where the terms "test" or "testing" are used they refer to tests required to comply with the regulations under the Building Act 2004 and the Gas Act 1992.
(3) Where the terms "oversight" or "oversee" are used they refer to the definition specified by the board.
12. Transitional provision
Courses completed before 1 April 2010 may be allocated CPD points at the discretion of the Registrar of the board.
Dated at Wellington this 24th day of March 2010.
KERN U’REN, Registrar, Plumbers, Gasfitters and Drainlayers Board.
*This notice, published in the New Zealand Gazette, 25 March 2010, No. 32, page 943, is being republished in full as it was not tabled in Parliament within the appropriate time limit.