25 MARCH 2010 NEW ZEALAND GAZETTE, No. 32 945

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.