sec.74AHAdditional duties relating to recalls

### sec.74AH Additional duties relating to recalls A person who designs, manufactures, imports, supplies or installs a building product must comply with the requirements of a recall order, or corresponding recall order, that applies to the person. A person must not supply, or install in a building, a building product the person knows, or ought reasonably to know, is the subject of a recall order or corresponding recall order. An architect or engineer must not, in designing a building, specify a building product be associated with the building that the architect or engineer knows, or ought reasonably to know, is the subject of a recall order or corresponding recall order. Subsection (5) applies if— a building product becomes the subject of a recall order or corresponding recall order after an architect or engineer, in designing a building, specifies the building product be associated with the building; and the architect or engineer knows, or ought reasonably to know, the building product has become the subject of the recall order or corresponding recall order. The architect or engineer must, at the architect’s or engineer’s own expense— inform each person to whom the architect or engineer has given the design of the recall order or corresponding recall order; and either— amend the design to remove the specification; or give each person to whom the architect or engineer has given the design a written notice specifying an alternative building product to be associated with the building. In this section— corresponding recall order means an order, however called, under a law of another State providing for the recall of a building product from use. s 74AH ins 2017 No. 29 s 11 amd 2018 No. 17 s 192E (sec.74AH-ssec.1) A person who designs, manufactures, imports, supplies or installs a building product must comply with the requirements of a recall order, or corresponding recall order, that applies to the person. (sec.74AH-ssec.2) A person must not supply, or install in a building, a building product the person knows, or ought reasonably to know, is the subject of a recall order or corresponding recall order. (sec.74AH-ssec.3) An architect or engineer must not, in designing a building, specify a building product be associated with the building that the architect or engineer knows, or ought reasonably to know, is the subject of a recall order or corresponding recall order. (sec.74AH-ssec.4) Subsection (5) applies if— a building product becomes the subject of a recall order or corresponding recall order after an architect or engineer, in designing a building, specifies the building product be associated with the building; and the architect or engineer knows, or ought reasonably to know, the building product has become the subject of the recall order or corresponding recall order. (sec.74AH-ssec.5) The architect or engineer must, at the architect’s or engineer’s own expense— inform each person to whom the architect or engineer has given the design of the recall order or corresponding recall order; and either— amend the design to remove the specification; or give each person to whom the architect or engineer has given the design a written notice specifying an alternative building product to be associated with the building. (sec.74AH-ssec.6) In this section— corresponding recall order means an order, however called, under a law of another State providing for the recall of a building product from use. - (a) a building product becomes the subject of a recall order or corresponding recall order after an architect or engineer, in designing a building, specifies the building product be associated with the building; and - (b) the architect or engineer knows, or ought reasonably to know, the building product has become the subject of the recall order or corresponding recall order. - (a) inform each person to whom the architect or engineer has given the design of the recall order or corresponding recall order; and - (b) either— (i) amend the design to remove the specification; or (ii) give each person to whom the architect or engineer has given the design a written notice specifying an alternative building product to be associated with the building. - (i) amend the design to remove the specification; or - (ii) give each person to whom the architect or engineer has given the design a written notice specifying an alternative building product to be associated with the building. - (i) amend the design to remove the specification; or - (ii) give each person to whom the architect or engineer has given the design a written notice specifying an alternative building product to be associated with the building.