Acts and Regulations

P-9.1 - Plumbing Installation and Inspection Act

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Repealed on 10 February 2015
CHAPTER P-9.1
Plumbing Installation
and Inspection Act
Assented to June 24, 1976
Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:
Repealed: R.S.N.B. 2014, Schedule A.
Definitions
1In this Act
“apprentice” means any person who is at least sixteen years of age and who has entered into a contract under which he is to receive, from or through his employer, training and instruction in the work of the plumbing trade under the direct and immediate supervision of a qualified plumber;(apprenti)
“inspector” means an inspector appointed under this Act and includes the chief plumbing inspector; (inspecteur)
“master plumber” Repealed: 1996, c.72, s.1
“Minister” means the Minister of Public Safety;(Ministre)
“plumbing system” means a drainage system, a venting system and a water system;(installation de plomberie)
“qualified plumber” means a person who holds a certificate of qualification in the plumber occupation issued under the Apprenticeship and Occupational Certification Act, and a licence issued pursuant to this Act and regulations.(plombier qualifié)
1983, c.30, s.27; 1986, c.8, s.99; 1986, c.63, s.1; 1987, c.27, s.24; 1992, c.2, s.49; 1996, c.7, s.1; 1996, c.72, s.1; 1998, c.41, s.94; 2000, c.26, s.240; 2012, c.19, s.63
Administration by Minister
2The Minister has the general administration of this Act.
Crown bound by Act
2.1The Crown is bound by this Act.
1981, c.58, s.1
Standard of work done to plumbing system
3All work done to a plumbing system in the Province shall conform to the standards prescribed by regulation.
Inspectors
4(1)The Minister may appoint a chief plumbing inspector and one or more inspectors for the purpose of carrying out the provisions of this Act and the regulations.
4(1.1)The Minister may, in the appointment of an inspector under this section other than the chief plumbing inspector, authorize the inspector to exercise such powers and perform such duties under such provisions of the Boiler and Pressure Vessel Act, the Electrical Installation and Inspection Act and the Elevators and Lifts Act, or any regulation under those Acts, as the Minister may specify in the appointment.
4(1.2)A document signed by the Minister, or bearing a signature purporting to be that of the Minister, pertaining to an appointment under this section may be adduced in evidence without proof of the appointment or signature of the Minister, and when so adduced is, in the absence of evidence to the contrary, proof of the matters stated in the document.
4(2)Repealed: 1984, c.35, s.7
4(3)An inspector shall
(a) enforce the regulations in all areas in which the regulations are in effect,
(b) assist municipalities and rural communities in the establishment and enforcement of by-laws made pursuant to section 6, and
(c) perform such duties as the Minister prescribes.
4(4)An inspector has full access at all reasonable times to any lands, buildings or premises in the Province for the purpose of determining whether the requirements of this Act and regulations have been complied with.
4(5)Repealed: 1996, c.7, s.2
1984, c.35, s.7; 1986, c.63, s.2; 1996, c.7, s.2; 2005, c.7, s.61
Regulations
5For the purposes of carrying out the provisions of this Act, the Lieutenant-Governor in Council may make regulations
(a) regulating and controlling the installation and repair of plumbing systems to be installed in or for the use of buildings, and without restricting the generality of the foregoing, regulating and controlling the materials to be used therein and the manner in which work is to be performed;
(b) regulating the plumbing, sewerage, drainage and sanitary facilities to be installed in or for the use of buildings where people live or work or frequent as members of the public;
(c) requiring the plumbing, sewerage, drainage and sanitary facilities to be maintained in proper condition;
(d) respecting the granting or revoking of licences or permits and the fees therefor;
(e) imposing upon the owner, lessee or person in control of any building the duty of complying with the regulations in so far as they apply to such building;
(f) providing that the regulations apply to all buildings including those existing when the regulations come into effect;
(g) respecting periodic or special inspections of installations and repairs, the fees therefor and the directives made pursuant to such inspections;
(h) providing for licensing and regulating of persons who wish to engage in plumbing work and who are not prohibited from doing so by this Act and regulations;
(i) respecting an appeal from anything done under this Act or regulations and the procedure of such appeal; and
(j) generally for the better administration of this Act.
1996, c.72, s.2
Local by-laws respecting the plumbing trade
6A municipality or rural community by by-law may
(a) Repealed: 1996, c.72, s.3
(b) regulate and control any act or thing within the scope of paragraph 5(a) that is not regulated or controlled by the regulations;
(c) provide for the granting or revoking of permits and the fees therefor; and
(d) provide for the appointment of municipal plumbing inspectors and the prescribing of their duties.
(e) Repealed: 1996, c.72, s.3
(f) Repealed: 1996, c.72, s.3
(g) Repealed: 1996, c.72, s.3
1996, c.72, s.3; 2005, c.7, s.61
Repealed
7Repealed: 1996, c.72, s.4
1996, c.72, s.4
Approval of by-law by Minister
8(1)A by-law made under this Act has no effect until approved by the Minister and the Lieutenant-Governor in Council.
8(2)The Minister shall not approve a by-law under this Act, if the by-law
(a) is contrary to good health and sanitation practices; or
(b) Repealed: 1996, c.72, s.5
(c) is not in the public interest.
8(3)On the coming into force of this Act all by-laws made by a municipality under the authority of sections 169 to 179 of the Municipalities Act remain in force and shall become by-laws under this Act.
1983, c.63, s.1; 1996, c.72, s.5
Local by-laws respecting the plumbing trade
9Nothing in this Act shall be construed to permit a municipality or rural community to exclude any work or operation that is defined as plumbing system by this Act.
2005, c.7, s.61
Offences and penalty respecting plumbing trade
10(1)A person who violates or fails to comply with any provision of the regulations or a by-law made under this Act commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category B offence.
10(2)A person who
(a) interferes with an inspector who is acting pursuant to this Act, or
(b) fails to comply with an order of an inspector,
commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category E offence.
10(3)Where a person fails to comply with an order of an inspector and is convicted of an offence in respect of such failure, the court imposing the conviction may order the person to comply with the order of the inspector.
10(4)A person who fails to comply with an order of the court under subsection (3) commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category H offence.
1977, c.39, s.1; 1986, c.63, s.3; 1990, c.61, s.109
Liability of inspector
10.1Where any injury, loss or damage occurs to a person or property as a result of anything done or omitted to be done by an inspector in the performance of his duties under this Act or the regulations, the inspector and the Crown in right of the Province shall not be liable for the injury, loss or damage unless it occurs as a result of the negligence of the inspector.
1977, c.39, s.2; 1986, c.63, s.4
Repealed
11Repealed: 1996, c.7, s.3
1996, c.7, s.3
Repeal
12Sections 169 to 179 of the Municipalities Act and the heading immediately preceding section 169 of that Act are repealed.
Commencement
13This Act or any provision thereof comes into force on a day to be fixed by proclamation.
N.B. This Act was proclaimed and came into force July 14, 1976.
N.B. This Act is consolidated to February 9, 2015.