Acts and Regulations

84-187 - Plumbing Licensing and Inspection

Full text
Current to 1 January 2024
NEW BRUNSWICK
REGULATION 84-187
under the
Plumbing Installation and
Inspection Act
(O.C. 84-619)
Filed July 26, 1984
Under section 8 of the Plumbing Installation and Inspection Act, the Lieutenant-Governor in Council makes the following Regulation:
2018-38
1This Regulation may be cited as the Plumbing Licensing and Inspection Regulation - Plumbing Installation and Inspection Act.
2In this Regulation
“Act” means the Plumbing Installation and Inspection Act;(loi)
“building” includes a prefabricated building;(bâtiment)
“Code” means the National Plumbing Code of Canada 2015, as issued by the Canadian Commission on Building and Fire Codes, National Research Council of Canada, and as amended by section 3, with the exception of articles 2.4.6.5 and 2.6.1.10 of Division B and subsection 2.2.1 of Division C;(Code)
“CSA” Repealed: 2021-12
“establishment” means any building where a permanently employed plumber is retained and includes all industrial buildings, warehouses and institutions;(établissement)
“farm building” means a building which is located on land devoted to the practice of farming and which is used for the housing of equipment or livestock or the production, storage or processing of agricultural or horticultural produce or feed and is not used for residential purposes;(bâtiment agricole)
“owner-occupant” means a person who is or will be the recognized owner and occupant of a single residential building, the use of which is restricted to himself, his family or his household as domicile;(propriétaire-occupant)
“plumbing contractor” means a person, corporation or firm who undertakes to install, extend, alter, renew or repair any part of a plumbing system and is not prohibited from doing so under the Act and holds a valid plumbing contractor’s licence granted or renewed under this Regulation;(entrepreneur de plomberie)
“plumbing system” means a drainage system, a venting system and a water system or parts thereof;(installation de plomberie)
“prefabricated building” means a building constructed for relocation to other sites.(bâtiment préfabriqué)
88-12; 89-16; 92-4; 97-74; 2008-76; 2014-82; 2021-12
CODE
3(1)The Code is adopted as the standards regulating and controlling work done to plumbing systems.
3(1.1)Table 1.3.1.2. of Division B of the Code is amended by adding the following standards: 
CAN/CSA B64.1.4-11: Vacuum breaker, air space type (ASVB)
CAN/CSA B64.2.1.1-11: Hose connection dual check vacuum breakers (HCDVB)
CAN/CSA B64.3.1-11: Dual check valve backflow preventers with atmospheric port for carbonators (DCAPC)
CAN/CSA B137.18-17:  Polyethylene of raised temperature resistance (PE-RT) tubing systems for pressure applications
3(1.2)Sentence 2.1.2.1.(1) of Division B of the Code is repealed and the following is substituted:
2.1.2.1.(1)Every sanitary drainage system shall be connected to a public sanitary sewer, a public combined sewer or a private sewage disposal system.
3(1.3)Sentence 2.1.2.2.(1) of Division B of the Code is repealed and the following is substituted:
2.1.2.2.(1)Every storm drainage system shall be connected to a public storm sewer, a public combined sewer or a designated storm water disposal location.
3(1.4)Sentence 2.1.2.3.(1) of Division B of the Code is repealed and the following is substituted:
2.1.2.3.(1)Every water distribution system shall be connected to a public water main or a potable private water supply system.
3(1.5)Sentence 2.2.10.10.(1) of Division B of the Code is amended by adding the following clauses:
m)CAN/CSA-B64.1.4, Vacuum breaker, air space type (ASVB)
n)CAN/CSA-B64.3.1, Dual check valve backflow preventers with atmospheric port for carbonators (DCAPC)
o)CAN/CSA B64.2.1.1, Hose connection dual check vacuum breakers (HCDVB)
p)Repealed: 2021-12
3(2)Repealed: 92-4
3(3)Repealed: 2008-76
3(4)Repealed: 2008-76
3(5)In addition to the requirements in Article 2.6.1.7 of Division B of the Code,
(a) to prevent siphonage of storage-type service water heaters, a storage-type service water heater shall be installed with an anti-siphonage device consisting of
(i) for other than bottom fed storage-type service water heaters, a cold water dip tube with a hole in the top or a vacuum relief valve installed in the cold water supply line above the top of the tank, and
(ii) for bottom fed storage-type service water heaters, a vacuum relief valve installed in the cold water supply line above the top of the tank, and
(b) where a storage-type water service water heater is located in a building where gravity drainage is possible at tank level, the water heater shall be installed with a corrosion resistant watertight pan under the water heater.
3(5.1)Sentence 2.5.4.5(1) of Division B of the Code is amended by adding “relief vent,” after “additional circuit vent,”.
3(5.2)Sentence 2.6.2.6(1) of Division B of the Code is amended by adding the following:
2.6.2.6.(2)In addition to the backflow preventer required by this Subsection for buildings or facilities where a potentially moderate health hazard may be caused by backflow, the potable water system shall be provided with premise isolation by the installation of a double check valve assembly backflow preventer.
2.6.2.6.(3)In addition to the backflow preventer required by this Subsection for buildings or facilities where a potentially minor health hazard may be caused by backflow, the potable water system shall be provided with premise isolation by the installation of a dual check valve backflow preventer in any of the following circumstances:
(a) residential premises with access to an auxiliary water supply (not directly connected);
(b) residential premises serving fewer than four dwelling units with a single water supply; or
(c) buildings with a minor hazard classification.
2.6.2.6.(4)Single family residential premises shall not require the installation of a dual check valve backflow preventer except as provided in Clause 2.6.2.6.(3)(a).
3(5.3)Repealed: 2014-82
3(6)Repealed: 2008-76
89-16; 92-4; 97-74; 2000-23; 2008-76; 2014-82; 2021-12
3.1Section 3 does not apply to plumbing systems in farm buildings.
89-16
LICENCES
4(1)No person shall install, extend, alter, renew or repair a plumbing system, other than a plumbing system in a farm building, or make a sewer connection or disconnection in any building, other than a farm building, unless the person
(a) holds a valid plumber’s licence granted or renewed under this Regulation,
(b) is an apprentice working under the direct supervision of a qualified plumber, or
(c) is the holder of a work permit issued under section 48 of the Apprenticeship and Occupational Certification Act and works under the direct supervision of a qualified plumber.
4(2)No person shall contract to install, extend, alter, renew or repair a plumbing system or make a sewer connection or disconnection in any building unless he holds a valid plumbing contractor’s licence granted or renewed under this Regulation.
4(3)The requirements of subsections (1) and (2) do not apply when a fixture, valve or faucet is repaired or replaced, a stoppage cleared or a leak repaired if no change to the piping is required.
4(4)Subsections (1) and (2) do not apply to a person who is party to a service agreement with an organization accredited by the Standards Council of Canada under which the plumbing system of a building will be included in the accredited organization’s certification.
89-16; 2012-69; 2021-12
5The chief plumbing inspector may grant a plumber’s licence and a plumbing contractor’s licence subject to such terms and conditions as he may require.
6A plumber’s licence may be granted to a person holding a valid certificate of qualification in the plumber occupation issued under the Apprenticeship and Occupational Certification Act.
89-16; 96-87
7A plumbing contractor’s licence may be granted to
(a) a person who
(i) holds a valid plumber’s licence granted or renewed under this Regulation,
(ii) proves to the satisfaction of the chief plumbing inspector that he or she has at least two years’ experience in the plumber occupation as the holder of a certificate of qualification in that occupation issued under the Apprenticeship and Occupational Certification Act or issued under legislation substantially similar to the Apprenticeship and Occupational Certification Act in any other province or territory of Canada, and
(iii) has successfully passed a test for the plumbing contractor’s licence provided or approved by the chief plumbing inspector, or
(b) a corporation or registered partnership which employs a person on a full time basis who has the qualifications referred to in paragraph (a).
89-16; 96-87; 2011-21
8The chief plumbing inspector may renew a plumber’s licence or a plumbing contractor’s licence granted or renewed under this Regulation.
2011-21
9Every person applying for a plumber’s licence or a plumbing contractor’s licence, or for the renewal thereof, shall complete an application form supplied for the purpose and shall forward the application form together with the fee prescribed by subsection 21(1) or (2), as the case may be, to the chief plumbing inspector.
10A plumber’s licence or a plumbing contractor’s licence is valid for a term of one year from the date of the granting or the renewal thereof.
11The chief plumbing inspector may revoke a plumber’s licence or a plumbing contractor’s licence granted or renewed under this Regulation if there is evidence of:
(a) a violation of any term or condition under which the plumber’s licence or the plumbing contractor’s licence was granted;
(b) a violation of any provision of the Code;
(c) contracting to do plumbing work without a plumbing contractor’s licence;
(d) carrying out plumbing work without a valid plumbing permit;
(e) obtaining a plumber’s licence or a plumbing contractor’s licence through misrepresentation or fraud; or
(f) fraudulent or incompetent work practices.
12An appeal regarding a refusal or revocation of a plumber’s licence or a plumbing contractor’s licence may be made to the Minister.
PLUMBING PERMIT
13(1)Subject to subsection (3) and subsection 14.01(1), a plumbing contractor or a person responsible for carrying out the work on a plumbing system shall obtain a plumbing permit from the chief plumbing inspector before commencing work with respect to the installation, extension, alteration, renewal or repair of a plumbing system.
13(2)If a plumbing contractor or a person responsible for carrying out the work on a plumbing system does not obtain a plumbing permit as required by subsection (1), he shall pay
(a) the fee prescribed in subsection 21(3) for a plumbing permit, and
(b) the fee prescribed in subsection 21(5) for a special inspection of the plumbing system.
13(3)Owners of public buildings and establishments whose operation requires frequent alterations and repairs performed by their own permanently employed plumbers are exempt from subsection (1) if each plumber holds a valid plumber’s licence and the work meets the requirements of the Code and this Regulation.
13(4)A local government with a public water system or public sewer system shall not permit a connection to such system unless a plumbing permit or a special plumbing permit has been issued under this Regulation to the plumbing contractor or the person responsible for carrying out the work on the plumbing system which is to be connected to the public water system or public sewer system.
13(5)A person who applies for a building permit in an unincorporated area of the Province shall indicate on the application whether any plumbing work is to be done and who is to perform the plumbing work.
13(6)Where a building permit is issued and plumbing work is to be done under the permit, the person who issues the building permit shall forward a copy of the permit to the chief plumbing inspector.
86-9; 97-74; 2005-71; 2011-21; 2017, c.20, s.136
14A copy of the plumbing permit shall be posted by the plumbing contractor or the person responsible for carrying out the work on a plumbing system in a conspicuous place on the site of the work and shall not be removed until all inspections have been completed.
SPECIAL PLUMBING PERMIT
2011-21
14.01(1)Before starting work involving the installation, extension, renewal or repair of a series of ten or more plumbing systems, the plumbing contractor performing the work shall obtain a special plumbing permit from the chief plumbing inspector instead of a plumbing permit for each installation as required under subsection 13(1).
14.01(2)The chief plumbing inspector may issue a special plumbing permit for
(a) work done in relation to the connection of water meters;
(b) the installation or replacement of water service pipes or building sewers, including the installation or replacement of backwater valves; or
(c) the replacement of service water heaters.
14.01(3)The special plumbing permit shall not be issued for work in relation to:
(a) a building drain, except in relation to backwater valves;
(b) a branch;
(c) a drainage system; or
(d) a testable backflow prevention device.
14.01(4)The special plumbing permit is valid for a period of one year beginning on the date it is issued.
14.01(5)A plumbing contractor performing the work in relation to a series of at least ten plumbing systems who does not obtain a special plumbing permit before starting the work referred to in subsection (2) shall pay
(a) the fee prescribed in subsection 21(3.1) for a special plumbing permit, and
(b) the fee prescribed in subsection 21(5) for a special inspection of each plumbing installation in respect of which work was done without a special plumbing permit.
2011-21
BACKFLOW PREVENTION
97-74
14.1(1)Owners of buildings where testable backflow prevention devices are installed as required by the Code shall have the devices tested annually by a person who holds a valid backflow prevention device tester’s licence granted or renewed under this Regulation.
14.1(2)On completion of each test required under subsection (1), the backflow prevention device tester shall tag and record each device tested and forward a report on the test to the chief plumbing inspector.
97-74
14.2(1)The chief plumbing inspector may grant, subject to such terms and conditions as the chief plumbing inspector may require, a backflow prevention device tester’s licence to a person who
(a) is certified as a backflow prevention device tester by an organization acceptable to the chief plumbing inspector,
(b) holds a calibration certificate for test equipment issued by an organization acceptable to the chief plumbing inspector, and
(c) holds a certificate of qualification in a related occupation acceptable to the chief plumbing inspector issued under the Apprenticeship and Occupational Certification Act or issued under legislation substantially similar to the Apprenticeship and Occupational Certification Act in any other province or territory of Canada.
14.2(2)A backflow prevention device tester’s licence is valid for a term of one year from the date of the granting or the renewal of the licence.
14.2(3)The chief plumbing inspector may renew a backflow prevention device tester’s licence where the backflow prevention device tester has maintained an active status acceptable to the chief plumbing inspector.
14.2(4)The chief plumbing inspector may suspend or revoke a backflow prevention device tester’s licence granted or renewed under this Regulation if there is evidence of:
(a) a violation of any term or condition under which the backflow prevention device tester’s licence was granted; or
(b) fraudulent or incompetent work practices.
97-74
14.3(1)Where a testable backflow prevention device is not installed under a plumbing permit obtained under section 13, a plumbing permit shall be obtained from the chief plumbing inspector before commencing work with respect to the installation of the device in a plumbing system.
14.3(2)Notwithstanding subsections 4(1) and (2), a plumbing permit for the installation of a testable backflow prevention device between a plumbing and sprinkler system may be granted to a person who holds a valid certificate of qualification in the sprinkler system installer occupation issued under the Apprenticeship and Occupational Certification Act or issued under legislation substantially similar to the Apprenticeship and Occupational Certification Act in any other province or territory of Canada.
97-74
SPECIAL HOMEOWNER’S
PLUMBING PERMIT
15(1)Notwithstanding subsections 4(1) and (2), any person who is an owner-occupant may, as provided in this section, install, extend, alter, renew or repair a plumbing system by his own hand, labour, knowledge and means in a single residential building of which he is the owner-occupant.
15(2)The chief plumbing inspector may grant, subject to such terms and conditions as he may require, a special homeowner’s plumbing permit to an owner-occupant for the installation, extension, alteration, renewal or repair of a plumbing system in a single residential building of which he is the owner-occupant.
15(2.1)An owner-occupant may not be granted more than one special homeowner’s plumbing permit in a three year period.
15(2.2)The three year period under subsection (2.1) commences from the time of issuance of the permit to an owner-occupant.
15(2.3)Notwithstanding subsection (2.1), the chief plumbing inspector may, in his discretion, grant an owner-occupant one or more additional special homeowner’s plumbing permits in the three year period as determined under subsection (2.2) where he is satisfied that the owner-occupant will suffer undue hardship as the result of not being granted the permit.
15(3)An owner-occupant shall not perform work on any other plumbing system than the plumbing system for which the special homeowner’s plumbing permit was granted.
15(4)Repealed: 89-16
15(5)Repealed: 89-16
15(6)The chief plumbing inspector may revoke a special homeowner’s plumbing permit for:
(a) non-performance by the holder of the special homeowner’s plumbing permit;
(b) the established inability of the holder of the special homeowner’s plumbing permit to perform to the satisfaction of the chief plumbing inspector; or
(c) the failure to observe the terms and conditions under which the special homeowner’s plumbing permit was granted.
15(7)When a special homeowner’s plumbing permit has been revoked, the chief plumbing inspector shall issue an order to the owner-occupant to have the installation, extension, alteration, renewal or repair of the plumbing system completed by a plumbing contractor.
15(8)Repealed: 89-16
86-9; 89-16
SPECIAL INSPECTION
89-16
16(1)Any person may make a written demand on the chief plumbing inspector for a special inspection of any plumbing system stating the reason for the demand and, subject to subsection (2), shall pay the fee prescribed by subsection 21(5).
16(2)If an inspector does not approve the plumbing system, the owner of the building in which the plumbing system is located shall pay the fee prescribed by subsection 21(5) and the chief plumbing inspector shall issue an order to the owner stating the changes necessary to bring the plumbing system to an acceptable level.
GENERAL
17Any person holding a plumber’s licence, plumbing contractor’s licence, plumbing permit, special plumbing permit or special homeowner’s plumbing permit shall produce such licence or permit when requested to do so by an inspector.
2011-21
17.1(1)A plumbing system which has been installed, extended, altered, renewed or repaired by a plumbing contractor or owner-occupant may be inspected by an inspector.
17.1(2)A plumbing contractor or owner-occupant shall furnish such equipment, material, power or labour as is necessary for an inspection by an inspector.
89-16
18Where, after an inspection, an inspector does not approve a plumbing system, he shall issue an order
(a) stating the required changes, and
(b) directing the owner or plumbing contractor, as the case may be, to install, extend, alter, renew or repair the plumbing system in accordance with the Act and this Regulation.
18.1Where, after a final inspection, an inspector approves a plumbing system, the chief plumbing inspector may issue an inspection certificate to the owner or plumbing contractor, as the case may be.
89-16
19Where an inspector issues an order under this Regulation, the order may be delivered personally or sent by registered or certified mail to the person at the address at which he resides, and when sent by registered or certified mail shall be deemed to have been received by the person on the fifth day after the day of mailing.
FORMS
20The chief plumbing inspector may make such reports and forms as he considers necessary for the proper administration of this Regulation.
FEES
21(0.1)In this section, “overtime” means time worked on a Saturday or holiday and any time worked after 5 p.m. of any day and before 8 a.m. of the following day.
21(1)The fee for a plumber’s licence or for any renewal of a plumber’s licence is $50.
21(2)The fee for a plumbing contractor’s licence or for any renewal of a plumbing contractor’s licence is $400.
21(2.1)The fee for a backflow prevention device tester’s licence or for any renewal of a backflow prevention device tester’s licence is $50.
21(3)The fee for a plumbing permit is $50 plus an additional $20 for each fixture and $30 for each roof drain to be installed under the permit.
21(3.1)The fee for a special plumbing permit is $50 plus $11 for each service water heater, water meter, non-testable backflow prevention device or backwater valve to be installed under the permit.
21(4)The fee for a special homeowner’s plumbing permit is $225 plus an additional $20 for each fixture to be installed under the permit.
21(5)Subject to subsection (5.1), the fee for a special inspection of a plumbing system is $100 per hour or any part of an hour, with a minimum charge of $100.
21(5.1)The fee under subsection (5) is $150 per hour or any part of an hour for inspections done during overtime, with a minimum charge of $150.
21(6)The holder of a special homeowner’s plumbing permit is entitled to three plumbing inspections, if required, which shall be performed at no additional cost at various stages during the installation, extension, alteration, renewal or repair of a plumbing system, but for any additional reinspections or follow-up inspections that an inspector considers necessary, the fee shall be that prescribed in subsection (5).
21(7)All fees are payable to the Minister of Finance and Treasury Board.
88-69; 89-27; 97-15; 97-74; 98-26; 2003-65; 2011-21; 2019, c.29, s.117
22Regulations 78-70 and 78-69 under the Plumbing Installation and Inspection Act are repealed.
N.B. This Regulation is consolidated to February 1, 2021.