Im not defending anyone, just think its quite interesting . im just trying to understand the interpretation of the law upon what the poster has put in the pdf and what the poster put in post "33".
Ive just looked at the law and it would seem that if what Tom is saying is correct and true, then he has not breached any statute becasue he has done everything within his power , under the law, to abide by the provisions that he can only be responsible for.
I do think though that if he was acting on behalf of a private homewoner then it could be slightly different.
However, the engineer could have the argument that he is "competent" and that it is not for the legislature to deem if he is competent or not. That is probably why its rare that any engineer , who installs and oil fired boiler by following commom practice installation guidelines , then arranges for an oftec registered engineer to comission the work, will always have a rebuttal upon the interpretation of the statute and would be justified to claim no cause of action as the statute is only consentual.
But i understand that the statute is in place to make sure that anyone who is "responsible" for a boiler being installed should be the responsiblle to make sure its independently checked by an inspector or a registered commissioner .
I think thats why prosecutions are actually unenforceable against engineers who install oil boilers who have followed that process, because it actually inturn takes care of what the inspector is to confirm i.e thats its been comissioned by an oftec registered engineer.
so i can only deem its a notification issue, but if the installer doesnt notify via oftec, to which i think Tom couldnt possibly do, then it would have to come down to who's responsibility it is to apply for a building permit.
And that is where the law falls down ! because its not law for the engineer, competent or not , to apply for a permit. I think thats why alot of Offtec registered installars get the hump , i syphathise with oftec registered installers but the law is the law, until it is law for engineers to be registered with oftec the statute has no grounds for application if it can be proven that relevant processes have been follwed to which was in the power of the installer i.e arranged a oftec comissioner to comission the works.
But if this pdf is true it makes it even more bizzare , its say the government took on the responsibility to arrange for private inspectors and were responsible for the works in the homes , and that the boilers and they were again signed off for a 2nd time.
