3.7.4.

(1) The registered code agency shall perform the functions specified in an appointment in accordance with the Act and this Code and the quality management plan referred to in Clause 3.4.3.2.(1)(d).

(2) The registered code agency shall perform the functions specified in an appointment in accordance with the code of conduct set out in Supplementary Standard SC-1.

(1) The registered code agency shall ensure that plans review and inspection activities of the registered code agency are carried out by a person who has the qualifications set out in Clause 3.4.3.2.(1)(b) or (c) in respect of the type of building set out in Column 3 of Table 3.5.2.2.v1v2 for which the person is carrying out the activities.

(2) Not more than 180 days after the day a notice is given under Sentence 3.4.3.8.(1) by the director to the registered code agency, the registered code agency shall,

(a) ensure that plans review and inspection activities of the registered code agency in the category of qualification to which the notice relates are carried out by persons who have successfully completed all new examinations referred to in the notice, and

(b) provide the following information to the director:

(i) the name and residence address of the person, and

(ii) information required by the director about the examinations that the person or persons have successfully completed.

(3) A registered code agency shall prepare written records of every inspection of the construction of a building that is undertaken by the registered code agency in the course of performing functions under an appointment.

(4) The record required under Sentence (3) shall include,

(a) the date of receipt of the notice of readiness for inspection, if any,

(b) the date of the inspection,

(c) the reason for the inspection,

(d) whether non-compliance with this Code was observed in the course of the inspection and the details of the non-compliance.

(5) If a registered code agency has issued an order under subsection 12 (2), 13 (1) or 13 (6) of the Act, the registered code agency shall prepare a written record consisting of,

(a) a copy of the order,

(b) the persons on whom the order was served and the date and manner of service,

(c) when and how the order was complied with, and

(d) if the order has not been complied with, the efforts made by the registered code agency to achieve compliance by the persons responsible for compliance.

(1) Subject to Sentence (2), every certificate issued under the Act by a registered code agency shall, in accordance with the quality management plan referred to in Clause 3.4.3.2.(1)(d), be signed by the registered code agency or, if the registered code agency is a corporation or partnership, by a person described in Clause 3.4.3.2.(1)(a).

(2) If the certificate is issued in respect of the construction of a building that would under Section 1.2.1. be required to be designed by and under the general review of an architect or professional engineer or both, the certificate shall also be signed on behalf of the registered code agency by an architect or a professional engineer or both, as the case may be, who is an officer, director, partner or employee of the registered code agency.

(3) A registered code agency may issue a plans review certificate if the registered code agency,

(a) has been appointed to perform the functions described in clause 4.1 (4) (a) or (c) of the Act in respect of the proposed construction of the building to which the plans review certificate applies,

(b) has, in conformity with the Act, this Code and the quality management plan described in Clause 3.4.3.2.(1)(d), carried out the applicable functions for which the registered code agency was appointed, and

(c) is satisfied on reasonable grounds that, on date on which the plans review certificate is issued, the proposed construction of the building to which the plans review certificate relates is in compliance with this Code.

(4) A registered code agency may issue a change certificate if the registered code agency,

(a) has been appointed to perform the functions described in clauses 4.1 (4) (a) to (c) of the Act in respect of the construction or proposed construction of the building to which the change certificate applies,

(b) has, in conformity with the Act, this Code and the quality management plan described in Clause 3.4.3.2.(1)(d) , carried out the applicable functions for which the registered code agency was appointed, and

(c) is satisfied on reasonable grounds that, on the date on which the change certificate is issued, the proposed construction of the building to which the change certificate relates is in compliance with this Code.

(5) A registered code agency may issue a certificate for the occupancy of a building not fully completed if the registered code agency,

(a) has been appointed to perform the functions described in clause 4.1 (4) (b) or (c) of the Act in respect of the construction of the building to which the certificate for the occupancy of a building not fully completed applies,

(b) has, in conformity with the Act, this Code and the quality management plan described in Clause 3.4.3.2.(1)(d), carried out the applicable functions for which the registered code agency was appointed, and

(c) is satisfied on reasonable grounds that, on the date on which the certificate for the occupancy of a building not fully completed is issued, the construction of the building to which the certificate for the occupancy of a building not fully completed relates is in compliance with Clauses 1.3.3.1.(2)(a)v1 to (q).

(6) A registered code agency may issue a final certificate if the registered code agency,

(a) has been appointed to perform the functions described in clause 4.1 (4) (b) or (c) of the Act in respect of the construction of the building to which the final certificate applies,

(b) has, in conformity with the Act, this Code and the quality management plan described in Clause 3.4.3.2.(1)(d), carried out the applicable functions for which the registered code agency was appointed, and

(c) is satisfied on reasonable grounds that on the date on which the final certificate is issued, the construction of the building to which the final certificate relates is in compliance with this Code.

(7) Every certificate issued under the Act by a registered code agency shall be in a form approved by the Minister.

(1) Orders under subsections 13 (6) and 14 (1) of the Act shall, in accordance with the quality management plan described in Clause 3.4.3.2.(1)(d), be signed by the registered code agency or a person described in Clause 3.4.3.2.(1)(a).

(2) Orders under subsections 12 (2) and 13 (1) and clause 18 (1) (f) of the Act shall, in accordance with the quality management plan described in Clause 3.4.3.2.(1)(d), be signed by the registered code agency or by a person described in Clause 3.4.3.2.(1)(b) or (c).

(1) Persons who possess the qualifications described in Clauses 3.4.3.2.(1)(a), (b) and (c) are prescribed for the purposes of subsection 15.17 (1) of the Act.

(2) The certificate of authorization referred to in subsection 15.17 (2) of the Act shall, in accordance with the quality management plan described in Clause 3.4.3.2.(1)(d), be signed by a representative of the registered code agency who is described in Clause 3.4.3.2.(1)(a) and shall contain the following information:

(a) the name of the registered code agency and any identifying number issued by the director to the registered code agency,

(b) the title, business address and business telephone number of a representative of the registered code agency who may be contacted to answer questions about the certificate and the authorization to which it relates,

(c) the name of the authorized person and any identifying number issued by the director to the authorized person in respect of that person’s qualifications,

(d) the scope of the powers that may be exercised and the functions that may be performed by the authorized person,

(e) the date of issuance of the certificate.

(3) Every person described in Sentence (1) shall carry his or her certificate of authorization when performing duties and shall produce the certificate for inspection upon request.

(1) A registered code agency shall not dismiss, suspend, demote, discipline, harass or otherwise disadvantage an employee, or deny an employee a benefit of employment, by reason that,

(a) the employee, acting in good faith and on the basis of reasonable belief, has disclosed to the director that the registered code agency or any other person has contravened or intends to contravene a provision of the Act or this Code,

(b) the employee, acting in good faith and on the basis of reasonable belief, has refused or stated an intention of refusing to do anything that is a contravention of a provision of the Act or this Code,

(c) the employee, acting in good faith and on the basis of reasonable belief, has done or stated an intention of doing anything that is required to be done in order that a provision of the Act or this Code not be contravened, or

(d) the registered code agency believes that the employee will do anything referred to in Clause (a), (b) or (c).

(2) Nothing in this Section impairs any right of an employee either at law or under an employment contract or collective agreement.

(3) In this Article,

“employee” includes an independent contractor and “employer” includes the person who retains an employee who is an independent contractor.

(1) The registered code agency shall maintain records of all plans review and inspection activity, of all certificates and orders and of any other activities taken in carrying out functions under an appointment in accordance with the quality management plan described in Clause 3.4.3.2.(1)(d).

(2) Any information collected by a registered code agency in the course of the exercise of powers and the performance of duties under this Act may be used only for the purpose of performing functions under an appointment under subsection 4.1 (2) of the Act and may be disclosed only,

(a) to a principal authority pursuant to an agreement under subsection 4.1 (1) of the Act,

(b) to a principal authority to aid the enforcement in any manner of the Act,

(c) where required or permitted under this Act, this Code, other applicable legislation or an order of a court.

(3) A registered code agency shall ensure that any agreement under which the registered code agency engages a person to assist the registered code agency to perform functions under an appointment includes a provision that requires the person to comply with Sentences (1) and (2).