fair trading’s solar panel audit - lgenergy.com.au · reinspection of major defects: fair...

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SOLAR PANEL INSTALLATIONS AUDIT RESULTS OF TASKFORCE ECLIPSE – SEPTEMBER 2011 BACKGROUND NSW Fair Trading undertook an audit of grid-connected solar panel systems installed on homes in North Western Sydney centred on Baulkham Hills, Blacktown, Kellyville and some of the surrounding suburbs. This area was selected based on the number of solar panel installations in those suburbs combined with the number of enquiries and complaints received by Fair Trading related to solar panels. The audit ran from Monday 6 June to Friday 17 June. A total of 658 homes and installations were inspected during the two week operation. PRELIMINARY FINDINGS The results of the inspections were as follows. Of the 658 solar panel systems inspected; 122 (18.5%) were found to have major defects in relation to electricity safety; 418 (63.5%) were found to have minor defects in relation to electricity safety; 118 (18%) were found to have no defects in relation to electricity safety. The definitions of ‘major’ and ‘minor’ defects were set out in the Operation’s preliminary findings report. The preliminary findings of the audit were released by the NSW Government on 29 June and made publicly available that day on the NSW Fair Trading website. A copy of the “Preliminary Results’ report is at Appendix 1. The rate of observed defect significantly exceeded the results observed in Fair Trading’s previous audit of solar panel systems in Port Macquarie in February 2011. That audit included inspections of 55 residential solar PV installations. The operation reported defects in 16 of the 55 installations in relation to electricity safety. Of the 55 installations 40 were inspected in relation to home building issues, and 35 were found to involve potential breaches of home building legislation. THE IMMEDIATE RESPONSE Fair Trading’s first priority in response to the defects detected was to ensure the safety of consumers, by requiring installing electricians to fix the defects for which they were responsible. - 1 -

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Page 1: FAIR TRADING’S SOLAR PANEL AUDIT - lgenergy.com.au · Reinspection of Major Defects: Fair Trading’s first priority in response to the defects detected was to ensure the safety

SOLAR PANEL INSTALLATIONS AUDIT

RESULTS OF TASKFORCE ECLIPSE – SEPTEMBER 2011

BACKGROUND NSW Fair Trading undertook an audit of grid-connected solar panel systems installed on homes in North Western Sydney centred on Baulkham Hills, Blacktown, Kellyville and some of the surrounding suburbs. This area was selected based on the number of solar panel installations in those suburbs combined with the number of enquiries and complaints received by Fair Trading related to solar panels. The audit ran from Monday 6 June to Friday 17 June. A total of 658 homes and installations were inspected during the two week operation. PRELIMINARY FINDINGS The results of the inspections were as follows. Of the 658 solar panel systems inspected;

122 (18.5%) were found to have major defects in relation to electricity safety; 418 (63.5%) were found to have minor defects in relation to electricity safety; 118 (18%) were found to have no defects in relation to electricity safety.

The definitions of ‘major’ and ‘minor’ defects were set out in the Operation’s preliminary findings report. The preliminary findings of the audit were released by the NSW Government on 29 June and made publicly available that day on the NSW Fair Trading website. A copy of the “Preliminary Results’ report is at Appendix 1. The rate of observed defect significantly exceeded the results observed in Fair Trading’s previous audit of solar panel systems in Port Macquarie in February 2011. That audit included inspections of 55 residential solar PV installations. The operation reported defects in 16 of the 55 installations in relation to electricity safety. Of the 55 installations 40 were inspected in relation to home building issues, and 35 were found to involve potential breaches of home building legislation. THE IMMEDIATE RESPONSE Fair Trading’s first priority in response to the defects detected was to ensure the safety of consumers, by requiring installing electricians to fix the defects for which they were responsible.

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Any solar panel systems that were found during the audit to have a major defect were isolated and shut down according to the appropriate procedure. Householders were informed immediately if they were present, or as soon as possible that contact could be made with them if they were not present at the time of the inspection. Fair Trading contacted every electrician and/or principal contractor responsible for the installation of the panels that were found to have major defects and required them to return to the home within 48 hours to rectify the defects. Those responsible were issued with formal Rectification Orders under the Home Building Act 1989 to ensure that the direction had the force of law. Residents of the inspected homes were provided with a Fact Sheet regarding the audit and relevant solar panel safety issues at the time of the inspections being undertaken. A copy of the Fact Sheet is at Appendix 2. THE COMPLIANCE RESPONSE The audit resulted in individual inspection reports being created for each of the 658 homes inspected. Each report captured details of the solar PV installation on each home with regard to electricity safety and, as appropriate, the home building aspects of the construction of the panels on the home. For the immediate response to detected defects each report was analysed by Fair Trading inspectors and investigators. Hotline: A special ‘Solar Hotline’ was established on 29 June with a dedicated number – 1800 055 555 - to respond to consumer inquiries following the release of the results of the recent audit. The hotline received 1151 calls between 29 June and 30 September 2011. Website: Fair Trading made information available to consumers, industry and the broader community regarding solar panel safety issues and the results of the audit. Fair Trading already had a range of material on the website on solar panel issues, particularly regarding the legal requirements for installation of panels on homes. Following the community interest elicited by the audit Fair Trading provided an updated Consumer Checklist on the website, and updated material regarding the legal requirements for installing solar panels and the consumer and trader protections available to ensure that licensed and qualified traders undertake the work. The website address is: http://www.fairtrading.nsw.gov.au/Tenants_and_home_owners/Home_building_and_renovating/The_building_process/Solar_panels.html A copy of the Consumer Checklist is at Appendix 3. Taskforce Eclipse: Following the audit Fair Trading established a Taskforce to lead and coordinate the compliance and enforcement response to the audit. ‘Taskforce Eclipse’ comprised Fair Trading Investigators and Building Inspectors, including qualified

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electricians seconded from other areas of Fair Trading Operations, and intelligence and compliance administration officers. Investigations: Fair Trading commenced investigations into the work that was found to have major or minor defects. Investigations assessed the circumstances of the work undertaken and gathered evidence related to potential breaches of the Electricity (Consumer Safety) Act 2004 and the Home Building Act 1989 and their regulations. The priority matters for investigation were those 122 inspections which resulted in major defects being detected. For these matters documents and evidence were collected related to the responsible installers and head contractors. Consumer Follow-up: Four hundred and eighteen (418) inspections resulted in minor defects being detected. These defects did not present an immediate or significant risk of harm to residents or property but did require rectification. The priority was to provide resident consumers with information about the outcomes of the inspections of their homes and to assist them to contact their installer and have the defects corrected by those responsible. Following the audit’s conclusion Fair Trading wrote to the residents of each of those 418 homes on 15 July 2011. Each letter detailed the specific defects detected at each home and provided advice on using the letter to seek rectification of the defects by the responsible installer. All consumers were invited to contact Fair Trading and, if appropriate, to lodge a formal complaint and seek Fair Trading assistance if they were not satisfied with the installer’s response. No consumer complaints were received related to those letters or the installers’ follow-up. A copy of a sample letter is at Appendix 4. Reinspection of Major Defects: Fair Trading’s first priority in response to the defects detected was to ensure the safety of consumers. Any solar panel system with a major defect was isolated and shut down according to the appropriate procedure. Fair Trading contacted every electrician and/or principal contractor responsible for the installation of the panels and required them to return to the home to rectify the defects. Those responsible were issued with formal Rectification Orders under the Home Building Act 1989 to ensure that the direction had the force of law. All 122 Rectification Orders issued have been complied with. For the 122 residences at which a major defect was detected, Fair Trading is undertaking re-inspections of the solar panel installations to ensure that the major defects have been rectified and that the work is now correct and compliant. As at 30 September 2011, 80 of the 122 residences (i.e. 66%) have been re-inspected. Of those installations that have been re-inspected to date all 80 (i.e. 100%) have been found to have the identified major defects corrected. Fair Trading aims to complete all the re-inspections in coming months. Should any defects be found to be incorrectly rectified or otherwise non-compliant Fair Trading will take further action to ensure those defects are corrected by the responsible trader.

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COMPLIANCE AND ENFORCEMENT ACTION A range of compliance and enforcement options are available to Fair Trading to take action against traders found to have breached the law. These include: issuing formal cautions and warnings;

issuing fines (Penalty Infringement Notices - PINs);

imposing conditions on the licences;

suspending or cancelling licences;

disqualifying licensees either temporarily or permanently from holding a licence;

recommending prosecution; and

issuing public warnings.

Initial summaries of the results of the audit indicated that 13 companies or individual installers appeared to be responsible for installations in homes that were found to have two or more major defects and another 48 companies or individuals appeared to be responsible for one major defect. The audit finished on Friday 17 June and eleven days later the first compliance action was taken. On 5 and 6 July ‘Notices to Show Cause’ and immediate licence suspensions of 60 days were served on three electricians identified as being responsible for multiple installations with major defects. A ‘Notice To Show Cause’ is issued where there are reasonable grounds to believe that a licence holder did specialist (electrical wiring) work otherwise than in a good and workmanlike manner which is an act of improper conduct within section 51(1)(d) of the Home Building Act, constituting a ground for taking disciplinary action under section 56(c) of the Act.

Simultaneously the licence holders were served with a ‘Notice of Suspension’ of their licence for a period of 60 days with immediate effect from the date of the notice being served. These orders are issued where there are reasonable grounds to believe that the defective work in the installation of a number of solar panel systems poses a risk to consumers and their property, it is likely that licensees will continue to engage in that conduct, and there is a danger that a person or persons will suffer significant harm, loss or damage as a result of that conduct unless action is taken urgently. The licence holders may appeal to the Administrative Decisions Tribunal for a review of the decision to suspend their licence. Subsequently fines were issued to a number of installers and companies that had been investigated in relation to work detected in the audit which evidenced breaches of the Home Building Act. Consumers were advised not to engage traders to undertake electrical work while their licences were suspended and advised to check Licences on the Fair Trading website - www.licence.nsw.gov.au/LicenceCheck/. The existing licence check facility displays the current details of licence classes and conditions, cancellations or suspensions, disciplinary actions, outstanding Tribunal (CTTT) orders, prosecutions or infringement notices, insurance claims paid, or public warnings issued.

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To assist consumers and industry to be aware of traders that had been the subject of compliance action Fair Trading posted a ‘Compliance Action Schedule’ on the website. The schedule was updated in real time as action was taken. A copy of the current schedule is attached at Appendix 5. As at 7 October 2011 the following compliance actions have been taken arising from the North Western Sydney solar audit:

• Twenty-one (21) notices to show cause have been served on individuals or companies;

• Seven (7) immediate suspension notices have been served on individuals or companies;

• Four (4) formal decisions on disciplinary action have been finalised. All those decisions resulted in the individuals’ licences being suspended for 60 days and those individuals being required to attend retraining in solar photovoltaic units;

• Thirty-one (31) Penalty Infringement Notices (PINs) were issued to 13 individuals or companies to a total of $53,250.00.

NEXT STEPS The compliance actions from the June 2011 solar audit are now finished and no new matters are currently proposed for investigation. A total of 17 individuals or companies are the subject of ‘Notices To Show Cause’ that are still to be finalised. All of these disciplinary matters are expected to be finalised by Fair Trading by the end of November 2011. Fair Trading is concluding investigation and considering action on one remaining matter that arose in the audit. Fair Trading will continue to undertake targeted audits of solar installations as required, and will continue to receive and respond to consumer complaints related to installations. Fair Trading undertook an unannounced audit of solar panel installations on private homes in Tamworth and the surrounding areas between 26 September and 7 October 2011. Fair Trading will also investigate solar panel issues with reference to electricity safety and home building issues as intelligence is gathered, non-compliant work is detected or reported, and as consumer complaints are received. Companies involved in solar panel installations are also regulated by the Australian Consumer Law. Australian Consumer Law (ACL) regulators are conducting an Environmental Claims National Project. As part of this, Fair Trading will be assessing the current advertising claims and business operations of 37 businesses involved in solar PV systems for compliance with the ACL. These companies’ advertising claims and business contracts will be assessed for compliance with the terms of the Australian Consumer Law. Advertising claims must not mislead consumers about the costs of installation, or the expected returns on investment. The results from this work should be available towards the end of 2011.

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Appendix 1 - Preliminary Results

SOLAR PANEL INSTALLATIONS AUDIT – PRELIMINARY RESULTS

Background NSW Fair Trading has completed an audit of grid-connected solar panel systems installed on homes in North Western Sydney centred on Baulkham Hills, Blacktown, Kellyville and some of the surrounding suburbs. The audit program ran from Monday 6 June to Friday 17 June. The target for the program announced by the Minister for Fair Trading was to inspect 500 homes and installations. This target was exceeded, and a total of 658 homes and installations were inspected. Preliminary findings The scope of the audit is extensive and work is underway urgently to collate the substantial amount of detailed information gathered by the Inspectors during the two week operation. The information gathered needs to be assessed and checked for accuracy. The preliminary figures below should be treated with caution at this stage for the following reasons: Findings reflect the information reported by Inspectors related to observed defects.

These observations require further evaluation to consider: (1) whether they demonstrate failures to meet prescribed standards related to solar installations and workmanship and (2) meet evidentiary tests adequate to support administrative, disciplinary or legal action.

For the ‘major defects’ identified this information has been verified by Senior Fair Trading Inspectors and is considered to be robust.

For ‘minor defects’ identified the information collected and evidence gathered needs to be further evaluated.

Results The results of the inspections are as follows:

658 solar panel systems were inspected; 122 (18.5%) were found to have major defects; 418 (63.5%) were found to have minor defects; 118 (18%) were found to have no defects.

The rate of observed defect significantly exceeds the results in Fair Trading’s previous smaller audit of solar panel systems in Port Macquarie Major defects relate primarily to incorrect wiring of the DC breaker. Other major defects included installing the DC breaker switch incorrectly so that water could enter the breaker

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box which may cause it too fail, or wiring the switchboard incorrectly so that it is conducts electricity and can be an electrocution risk. Minor defects relate to cabling, and marking and signage. Cables need to be installed so they are protected against accidental contact by persons, or against wear-and-tear through abrasion by other building materials or surfaces, or through exposure to the elements. Cabling from solar arrays needs to be clearly marked so that it is clear that they carry a DC current and so they are not confused with other household wiring and cables. The switches, inverters and fuse boxes need to be marked to identify them that solar power is installed as well as mains electricity and so that electricians, emergency service workers or others know how to safely work on or shut down the system. Rectification and enforcement action Fair Trading’s first priority is safety, and getting electricians to fix the defects for which they are responsible. Any solar panel systems that were found during the audit to have a major defect were isolated and shut down according to the appropriate procedure. Householders were informed immediately if they were present, or as soon as possible that contact could be made if they were not present at the time of the inspection. Fair Trading is contacting every electrician and/or principal contractor responsible for installation of panels found to have major defects and requiring them to return to the home within 48 hours to rectify the defects. Those electricians are being issued with formal rectification orders under the Home Building Act 1989 to ensure that the direction has the force of law. Fair Trading has commenced investigation into the work that was found to have major or minor defects. Investigations will aim to assess circumstances and gather the necessary evidence needed to take action against traders found to have breached the law including:

issuing fines (Penalty Infringement Notices - PINs);

following up rectification orders to ensure that traders comply with orders and, if not, serving ‘show cause’ notices on licensees as to why their licence/s should not be suspended;

recommending prosecution for any traders that are found to be responsible for repeated defective work, or work without appropriate contracts or insurance;

considering requiring traders to undertake additional training as part of disciplinary action;

consider public warnings if installers are identified whose work is consistently unsafe and there is reason to believe they are still trading.

Home Building Act breaches Fair Trading is currently undertaking the significant task of obtaining information and evidence from consumers to determine the level of non-compliance with the licensing, contracting and home warranty insurance provisions of the Home Building Act 1989.

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Appendix 2 – Audit Fact Sheet

Solar Panel Installations Audit What areas are being audited and why? - Between 6 June and 17 June 2011 Fair Trading will be undertaking an audit of 500 solar panel systems

installed on people’s homes that are connected to the electricity grid. The audit dates will be extended if needed due to very wet weather.

- The audit will be in North Western Sydney – centred on Baulkham Hills, Blacktown, Kellyville and some of the surrounding suburbs. These areas have been selected because they have had a high rate of installation of solar panels AND a high number of inquiries and complaints to Fair Trading related to solar panels.

What do the inspections involve? - Officers will conduct inspections of solar grid-connected photovoltaic array systems (‘solar panel

systems’). The officers are all licensed electricians officially authorised under Fair Trading electricity safety legislation. They will carry Fair Trading identification at all times.

- Officers will visually inspect parts of the solar panel systems to check key aspects of electricity safety including switches, wiring, cables, signage and markings.

- Officers may need to get up to roof height or on the roof. If necessary and if the resident agrees and is available to grant access the inspections may involve officers entering the house and roof space.

- Officers will not check metering, bills, the positioning or shading of panels, or other things unrelated to the building and electrical work.

- Officers will not undertake any electrical or other rectification work.

How will I know if my house has been inspected and what was found? - Officers will leave stickers on the inverters of every house inspected:

⇒ a white sticker means no issues were detected; ⇒ an orange sticker means minor issues were detected that pose no immediate safety risk; ⇒ a red sticker means a serious defect was detected.

- If and officer finds a defect that is an immediate risk to electricity safety they will make the system safe. Fair Trading will direct the trader that installed the panels to fix the defect urgently.

- Minor rectification work will be required to be undertaken by the builders and/or electricians that did the original installation. This is their obligation under home building laws.

What will be done about other issues Fair Trading finds? - Fair Trading will also have Building Investigators involved in the audit to look into licensing, contract,

insurance and other compliance issues. Fair Trading will take action against any traders found to have breached the law.

- The officers are not able to give homeowners details of other inspections or about the findings of the audit while it is underway. Fair Trading will need to collect all the details and make them available once the audit is finished.

What if I have more questions? - The Fair Trading website has detailed information on solar panels, statutory warranties, home warranty

insurance and dispute resolution. Call 13 32 20 or visit www.fairtrading.nsw.gov.au.

Why is this audit being done?

- Fair Trading did an audit of 55 homes with solar panels in Port Macquarie in February this year. Three of the 55 installations had serious defects which were fixed urgently. A larger number of less serious electricity safety issues and some home building problems were found and were fixed later.

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SOLAR PANELS - CONSUMER CHECKLIST

Home owners should not try to check on the installation of solar panels themselves.

There are a few simple things you can do to reassure yourself about your panels.

1. Check that your contractor was properly licensed to undertake the work Builders and electricians installing grid connected PV arrays must be licensed. If you used a builder to do the installation part of the work, they must subcontract the wiring part of the job to someone who holds an electrical licence. These details should be on the contract and the Certificate of Compliance for the work. You can check licence details on the Fair Trading website.

2. Check that you have home warranty insurance If the value of the work including labour and materials exceeds $12,000 you should have been provided with a Home Warranty Insurance certificate. Any rebate you may claim for the installation of solar panels must not be deducted from the cost of the work to avoid the $12,000 threshold for home warranty insurance. If the work cost more than $12,000 and you were not given proof of home warranty insurance you should contact Fair Trading Contact your home warranty insurer to find out more about your insurance cover.

3. Check that your solar panels comply with Australian wiring rules The electrician should have provided you with a Certificate of Compliance for Electrical Work, attesting that the work is compliant with Australian wiring rules. They are also required to provide a copy to the energy network operator. If you do not have a copy of the Certificate talk to your builder or electrician to ask for a copy.

4. Get expert advice If you have concerns that your panels might not be properly installed you may wish to engage a qualified electrician to inspect the work. You are protected by a statutory warranty Installations are covered by statutory warranty for a period of 7 years from the date that the work was completed. NSW Fair Trading can assist you to resolve a dispute If you cannot resolve a problem with your builder or electrician you can make a complaint to Fair Trading if the work is within the statutory warranty period. Fair Trading provides a free dispute resolution service. Can anyone else help with a building dispute? If a dispute cannot be resolved between a consumer and builder/electrician or with Fair Trading’s dispute resolution assistance then either party may consider lodging an application with the Consumer Trader and Tenancy Tribunal (CTTT). Helpful information The Fair Trading website has detailed information on solar panels, statutory warranties, home warranty insurance and building disputes.

Call 13 32 20 or visit www.fairtrading.nsw.gov.au.

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Appendix 3 (Consumer Checklist)

SOLAR PANELS - CONSUMER CHECKLIST

Home owners should not try to check on the installation of solar panels themselves.

There are a few simple things you can do to reassure yourself about your panels.

1. Check that your contractor was properly licensed to undertake the work Builders and electricians installing grid connected PV arrays must be licensed. If you used a builder to do the installation part of the work, they must subcontract the wiring part of the job to someone who holds an electrical licence AND has accredited training in solar panel installation. These details should be on the contract and the Certificate of Compliance for the work. You can check licence details on the Fair Trading website.

2. Check that your solar panels comply with Australian wiring rules The electrician should have provided you with a Certificate of Compliance for Electrical Work, attesting that the work is compliant with Australian wiring rules. They are also required to provide a copy to the energy network operator. If you do not have a copy of the Certificate talk to your builder or electrician to ask for a copy.

3. Get expert advice If you have concerns that your panels might not be properly installed you may wish to engage a qualified electrician who has accredited training in solar panel installation at your own cost, to inspect the work.

4. Remove combustible material

Ensure no combustible material, fuels and flammable products are located near the circuit breaker and switch box/es.

5. Check that you have home warranty insurance

If the value of the work including labour and materials exceeds $12,000 you should have been provided with a Home Warranty Insurance certificate. Any rebate you may claim for the installation of solar panels must not be deducted from the cost of the work to avoid the $12,000 threshold for home warranty insurance. If the work cost more than $12,000 and you were not given proof of home warranty insurance you should ask your installer for a certificate.

You are protected by a statutory warranty Installations are covered by statutory warranty for a period of 7 years from the date that the work was completed. NSW Fair Trading can assist you to resolve a dispute If you cannot resolve a problem with your builder or electrician, or they refuse to supply you with certificates, you can make a complaint to Fair Trading. Fair Trading provides a free dispute resolution service. Can anyone else help with a building dispute? If a dispute cannot be resolved between a consumer and builder/electrician or with Fair Trading’s dispute resolution assistance then either party may consider lodging an application with the Consumer Trader and Tenancy Tribunal (CTTT). Helpful information The Fair Trading website has detailed information on solar panels, statutory warranties, home warranty insurance and building disputes.

Call 1800 055 555 between 8:30am and 5pm or visit www.fairtrading.nsw.gov.au

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Appendix 4 (Sample Consumer Letter)

1, Fitzwilliam Street

Parramatta NSW 2124

PO Box 972

Parramatta NSW 2124

Tel 02 9895 0111 Fax 02 9895 0222

TTY 02 9338 4943 ABN 81 913 830 179

DX 28437 Parramatta

www.fairtrading.nsw.gov.au

[HOUSEHOLDER NAME] [ADDRESS] [SUBURB + POSTCODE]

Our Ref [Number] Your Ref Contact [Name] Telephone [Phone Number] Email: [email address]

Dear [HOUSEHOLDER NAME]

RE: [ADDRESS] Fair Trading carried out an audit of Solar Panels in June 2011. As part of this audit your property at the above address was inspected and was found to have some minor defects that should be fixed. These defects do not pose an immediate safety risk. Your system was not disconnected or isolated and therefore is still operating as it was prior to the audit. The following defects were identified during the audit.

• [Example] DC cable is not marked • [Example] No mechanical protection of DC cables entering roof space under tiles • [Example] No shutdown procedure label on inverter. • [Example] No mechanical protection on cables at inverter.

These items must be fixed under warranty (at no cost to you) and we suggest that you contact the organisation that organised or installed your system and ask them to fix these defects. Once the issues are fixed the Orange Sticker may be removed. If the organisation refuses to carry out warranty work please complete the attached building complaint form and return it to Fair Trading. We will then attempt to negotiate with your installer for the defects to be repaired. So that Fair Trading can finalise the audit we request that you provide to us the details of the organisation that organised or installed your solar panels. This can be done by emailing your address and the details to [email protected] or by calling 1800 055 555. [Signature] [Name of Officer] Home Building Service | Fair Trading Department of Finance and Services Level 4, 1 Fitzwilliam Street Parramatta NSW 2150 www.services.nsw.gov.au 15 July 2011 A division of Department of Finance & Service

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Appendix 5 (Compliance Schedule)

Solar panel installers: Compliance actions Below is a list of solar panel installers that have had disciplinary or legal actions taken against them by Fair Trading as of 6 October 2011.

Name Licence Type and Number/s

Notice/Penalty Period of Notice/Amount of Penalty

Mr John Fredrick Hendy

Baulkham Hills NSW.

Contractor Licence: Number 35279C

Section 61: Notice to Show Cause

Section 61A: Suspension of Authority

For response by 29 July 2011.

60 Days from the date the notice is served. (Date of service: 6 July 2011).

Contractor Licence: Number 35279C

Section 64: Notice of Decision

Vary the contractor licence held by imposing a condition requiring the holder to undertaken re-training in solar photovoltaic units within 30 days; AND

Suspend the contractor licence for a period of two (2) months from the date of service of the notice.

Notice served 5 August 2011.

Mr Joshua Robert McKewin Contractor Licence: Section 61: Notice to Show Cause For response by 29 July 2011

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Name Licence Type and Number/s

Notice/Penalty Period of Notice/Amount of Penalty

Galston NSW.

Number 207751C Section 61A: Suspension of Authority

60 Days from the date the notice is served. (Date of service: 6 July 2011). NOTE: On 9 August 2011 the Administrative Decisions Tribunal granted a stay of the suspension notice, on conditions. Accordingly, the licence has been reinstated on the following conditions: a) Mr McKewin is not to install any solar

panels; and b) Mr McKewin is permitted to rectify

defects in the solar panels he has installed provided that:

1) Mr McKewin notify Fair Trading

within 2 days of submitting a CCEW in relation to electrical work involving solar panel installations and provide a copy of the CCEW to Fair Trading; and

2) Mr McKewin not test, and certify as tested on a CCEW, work on solar panel installations.

The Tribunal also noted the undertaking of Mr McKewin that he provide to Fair Trading details of all electrical work involving solar panel installations that he carried out and/or tested from the period 1

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Name Licence Type and Number/s

Notice/Penalty Period of Notice/Amount of Penalty

January 2009 to 6 July 2011.

Mr Joshua Robert McKewin

Galston NSW.

Contractor Licence: Number 207751C

Section 64: Notice of Decision

Vary the contractor licence held by imposing a condition requiring the holder to undertaken re-training in solar photovoltaic units within 30 days; AND

Suspend the contractor licence for a period of two (2) months from the date of service of the notice.

Notice served 19 August 2011.

Mr John Kevin Rollo

Kellyville Ridge NSW.

Contractor Licence: Number 156325C

Section 61: Notice to Show Cause

Section 61A: Suspension of Authority

For response by 29 July 2011.

60 Days from the date the notice is served. (Date of service: 5 July 2011).

Contractor Licence: Number 156325C

Section 64: Notice of Decision

Vary the contractor licence held by imposing a condition requiring the holder to undertaken re-training in solar photovoltaic units within 30 days; AND

Suspend the contractor licence for a period of two (2) months

Notices served 5 August 2011.

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Name Licence Type and Number/s

Notice/Penalty Period of Notice/Amount of Penalty

from the date of service of the notice.

Mitchell David Lawler

Warriewood NSW.

Contractor Licence: Number 218722C.

Section 61: Notice to Show Cause

Section 61A: Suspension of Authority

For response by 26 August 2011.

60 Days from the date the notice is served. (Date of service: 9 August 2011).

Contractor Licence: Number 218722C.

Section 64: Notice of Decision

Vary the contractor licence held by imposing a condition requiring the holder to undertaken re-training in solar photovoltaic units within 30 days; AND

Suspend the contractor licence for a period of two (2) months from the date of service of the notice.

Notices served 7 September 2011.

Anthony Joseph Gafa

Bella Vista NSW

Contractor licence: Number 96219C

Section 61: Notice to Show Cause

Section 61A: Suspension of

For response by 9 September 2011.

NOTE: On 5 September the date for response was extended by the ADT until 16 September.

60 Days from the date the notice is served. (Date of service: 15 August 2011).

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Name Licence Type and Number/s

Notice/Penalty Period of Notice/Amount of Penalty

Authority

NOTE: On 5 September 2011 the Administrative Decisions Tribunal granted a stay of the suspension notice, on conditions. Accordingly, the licence has been reinstated on the following conditions: 1. Mr Gafa is not to install any solar

panels until the matter is resolved by the ADT; and

2. Mr Gafa is to return to and inspect the remaining properties on which his company carried out solar panel installations and undertake any required rectifications: and

3. Fair Trading is to be notified of any rectification work undertaken by Mr Gafa pursuant to the point 2 above.

AJG Electrical Services Pty Ltd

Bella Vista NSW

Contractor licence number: 171020C

Section 61: Notice to Show Cause

Section 61A: Suspension of Authority

For response by 9 September 2011.

NOTE: On 5 September the date for response was extended by the ADT until 16 September.

60 Days from the date the notice is served. (Date of service: 15 August 2011).

NOTE: On 5 September 2011 the

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Name Licence Type and Number/s

Notice/Penalty Period of Notice/Amount of Penalty

Administrative Decisions Tribunal granted a stay of the suspension notice, on conditions. Accordingly, the licence has been reinstated on the following conditions: 4. Mr Gafa/AJG is not to install any solar

panels until the matter is resolved by the ADT; and

5. Mr Gafa/AJG is to return to and inspect the remaining properties on which his company carried out solar panel installations and undertake any required rectifications: and

6. Fair Trading is to be notified of any rectification work undertaken by Mr Gafa/AJG pursuant to the point 2 above.

Anthony Joseph Gafa

Bella Vista NSW

Contractor licence: Number 96219C

1 x Contract work must be insured [section 92(1)(b)/137 of the Home Building Act 1989]

Total Fines = $1500.00

Eco Solar Energy Australia Pty Ltd

ACN 137 661 100

Unlicensed 1 x Unlicensed contracting [section 4(1)(b) of the Home Building Act 1989]

1 x Seeking work by unlicensed person [section 5(1)(b) of the Home Building Act 1989]

Total Fines = $5000.00

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Name Licence Type and Number/s

Notice/Penalty Period of Notice/Amount of Penalty

1 x Contract work must be insured [section 92(1)(b) of the Home Building Act 1989]

Solar Switch Australia P/L

ACN 126 647 069

222160c 3 x Contract work must be insured [section 92(2)(a) of the Home Building Act 1989]

Total Fines = $9000.00

Freelyn Solar ACN 141 828 677

Unlicensed 3 x Unlicensed contracting [section 4(1)(b) of the Home Building Act 1989]

Total = $4500.00

Green Engineering Pty Ltd

ACN 140 253 194

Unlicensed 3 x Unlicensed contracting [section 4(1)(b) of the Home Building Act 1989]

1 x Seeking work by unlicensed person [section 5(1)(b) of the Home Building Act 1989]

Total Fines = $5000.00

Solarwize P/L

ACN 145 564 549

Unlicensed 3 x Unlicensed contracting [section 4(1)(b) of the Home Building Act 1989]

Total Fines = $4500.00

Ladder Technologies Pty Ltd

ACN 090 760 544 Unlicensed 1 x Unlicensed contracting [section

4(1)(b) of the Home Building Act 1989]

Total Fines = $1500.00

True Solar Pty Ltd

ACN 145 153 957 Unlicensed 2 x Unlicensed contracting [section

4(1)(b) of the Home Building Act Total Fines = $6000.00

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Name Licence Type and Number/s

Notice/Penalty Period of Notice/Amount of Penalty

1989]

1 x Contract work must be insured [section 92(1)(b) of the Home Building Act 1989]

Regen Power Pty Ltd

ACN 103 145 731 Unlicensed 1 x Unlicensed contracting [section

4(1)(b) of the Home Building Act 1989]

Total Fines = $1500.00

Solar Winds Australia Pty Ltd t/as Olympic Batteries Pty Ltd

ACN 126 384 325

Unlicensed 3 x Unlicensed contracting [section 4(1)(b) of the Home Building Act 1989]

Total Fines = $4500.00

L&M Tyres Pty Ltd t/as Above All Tanks and Pumps

ACN 121 265 530

Unlicensed 1 x Unlicensed contracting [section 4(1)(b) of the Home Building Act 1989]

1 x Contract work must be insured [section 92(1)(b) of the Home Building Act 1989]

Total Fines = $4500.00

Solar Hut Pty Ltd t/as sunsavers.com.au

ACN 136 842 254

Unlicensed 1 x Unlicensed contracting [section 4(1)(b) of the Home Building Act 1989]

1 x Contract work must be insured [section 92(1)(b) of the Home Building Act 1989]

Total Fines = $4500.00

Nue Pty Ltd t/as Nue Energy Contractor licence: Section 61: Notice to Show Cause For response by 7 October 2011.

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Name Licence Type and Number/s

Notice/Penalty Period of Notice/Amount of Penalty

Carrum Downs VIC Number 203090C

David John Brooks

Keilor East VIC

Supervisor certificate number: 51014S

Nominated supervisor of Nue Pty Ltd

Section 61: Notice to Show Cause

Section 61A: Suspension of Authority

For response by 7 October 2011.

60 Days from the date the notice is served.

Solar PV Pty Ltd

Somersby NSW

Contractor licence: Number 228483C

Section 61: Notice to Show Cause

For response by 30 September 2011.

Luke J Miles

Wyong NSW

Contractor licence number: 222273C

Supervisor certificate number: 54968S

Nominated supervisor of Solar PV Pty Ltd

Section 61: Notice to Show Cause

For response by 30 September 2011.

Modern Roof Restorations (NSW) Pty Ltd

Bella Vista NSW

Contractor Licence: Number 86266C.

Section 61: Notice to Show Cause

For response by 7 October 2011.

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Name Licence Type and Number/s

Notice/Penalty Period of Notice/Amount of Penalty

Rodney Allan Skinner

Blaxland NSW

Contractor Licence: Number 23272

Nominated supervisor of Modern Roof Restorations (NSW) Pty Ltd

.

Section 61: Notice to Show Cause

For response by 7 October 2011.

Mr Ronald M Bayley

c/- Modern Roof Restorations (NSW) Pty Ltd

Bella Vista NSW

Supervisor certificate number: 20754S

Director and Nominated supervisor of Modern Roof Restorations (NSW) Pty Ltd

Section 61: Notice to Show Cause

For response by 7 October 2011.

Solar Shop Australia Pty Ltd

St Peters SA

Contractor Licence:

Number 191197C

Section 61: Notice to Show Cause

For response by 14 October 2011.

Mr Jeremy Steele

St Kilda West VIC

Unlicensed

Director of Solar Shop Australia Pty Ltd

Section 61: Notice to Show Cause

For response by 14 October 2011.

Mr Brendan Anderson

Brighton VIC

Unlicensed

Director of Solar Shop

Section 61: Notice to Show Cause

For response by 14 October 2011.

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Name Licence Type and Number/s

Notice/Penalty Period of Notice/Amount of Penalty

Australia Pty Ltd

Mr Anthony Thornton

Adelaide SA

Unlicensed

Director of Solar Shop Australia Pty Ltd

Section 61: Notice to Show Cause

For response by 14 October 2011.

Mr Jeremy Roberts

Greenwich NSW

Supervisor certificate number: 215870C

Nominated supervisor of Solar Shop Australia Pty Ltd

Section 61: Notice to Show Cause

For response by 14 October 2011.

Mr Ken Greaves t/as GBH Industries P/L

Hackham SA

Unlicensed 1 x Unlicensed contracting [section 4(1)(b) of the Home Building Act 1989]

1 x Unlicensed specialist work by unlicensed person [section 12 of the Home Building Act 1989]

Total Fines = $1250.00

Mr Charles Portelli Partner, C M & R A Portelli t/as Major Electrics

Contractor licence holder: C M & R A Portelli

Contractor licence number:

Section 61: Notice to Show Cause

For response by 28 October 2011.

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Name Licence Type and Number/s

Notice/Penalty Period of Notice/Amount of Penalty

SMITHFIELD NSW

52426C

Mrs Robyn Ann Portelli Partner, C M & R A Portelli t/as Major Electrics

SMITHFIELD NSW

Contractor licence holder: C M & R A Portelli

Contractor licence number: 52426C

Section 61: Notice to Show Cause

For response by 28 October 2011.

Mr Charles Portelli t/as Major Electrics

Smithfield NSW

Supervisor certificate holder: Charles Portelli

Supervisor certificate number: EA53828

Nominated supervisor of CM & RA Portelli

Section 61: Notice to Show Cause

For response by 28 October 2011.

© State of New South Wales through NSW Fair Trading, 6 October 2011.