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Amendment Rules 2010

Pursuant to section 353 of the Building Act 2004, the Minister for Building and Construction makes the following rules—

(a) after they were prepared by the chief executive of the Department of Building and Housing, and approved by the Building Practitioners Board, in accordance with sections 354 to 359 of that Act; and

(b) by approving them in accordance with sections 360 and 361 of that Act.

Contents

  1. Title
  2. Commencement
  3. Principal rules amended
  4. Interpretation
  5. Information that must be provided for a licence application
  6. Rule 7A revoked
  7. Way in which minimum standard must be assessed
  8. Failure to reply
  9. Registrar must make decision on continued licensing and notify and implement decision
  10. Registrar to notify suspension or cancellation decision
  11. Form of licence identification card
  12. Schedule 1 amended
  13. New Schedule 2 added

Schedules


Rules

1 Title

These rules are the Licensed Building Practitioners Amendment Rules 2010.

2 Commencement

These rules come into force on 1 April 2010.

3 Principal rules amended

These rules amend the Licensed Building Practitioners Rules 2007.

4 Interpretation

(1) The definition of class or classes of licence in rule 3(1) is revoked and the following definitions are substituted in their appropriate alphabetical order:

“area of practice” means a category of building work of the type set out in Schedule 2

“area of practice information” means information about every area of practice in respect of which a licensed building practitioner has demonstrated that he or she has met the minimum standards of competence for that licensing class

“class or classes of licence, for an application to be licensed, or licensing, means an application to be licensed, or licensing, in a licensing class

“licensing class means a licensing class designated by the Building (Designation of Building Work Licensing Classes) Order 2010”.

(2) The definition of recognised qualification in rule 3(1) is revoked and the following definition substituted:

“recognised qualification, in relation to a licensing class, means a qualification of a kind listed in Schedule 2 as a recognised qualification for licensing in that licensing class.”

5 Information that must be provided for a licence application

(1) Rule 7(1)(d) is amended by omitting “including” and substituting “which may include”.

(2) Rule 7(1)(k) is revoked and the following paragraph substituted:

“(k) the contact details of 2 or more referees; and”.

6 Rule 7A revoked

Rule 7A is revoked.

7 Way in which minimum standard must be assessed

(1) Rule 11(1) is revoked and the following subclause substituted:

“(1) An assessor must assess whether an applicant meets the minimum standard of competence by using methods prescribed by the Registrar to—

(a) carry out an evaluation of the information provided in or with the application; and

(b) to carry out an interview with the applicant if—

(i) the application is one to be licensed in the licencing class called design; or

(ii) the application is one to be licensed in 1 or more licensing classes (other than design) in relation to which the applicant has not provided evidence that he or she has a recognised qualification, and the assessor thinks it necessary to carry out an interview with the applicant.”

(2) Rule 11(4) is revoked and the following subclause substituted:

“(4) Where an applicant has applied to be licensed in a licensing class in respect of a particular area(s) of practice, the assessor may recommend to the Registrar that the applicant should be licensed in respect of a different or additional area(s) of practice.”

8 Failure to reply

Rule 17(2) is amended by inserting “(and comply with rule 31(1)(a) to (c))” after “licence”.

9 Registrar must make decision on continued licensing and notify and implement decision

Rule 25(3)(b) is amended by adding “;and” to subparagraph (iii), and by adding the following subparagraph:

“(iv) of his or her right of appeal to the Board against the suspension.”

10 Registrar to notify suspension or cancellation decision

(1) Rule 31(1) is amended by inserting “under rule 17(2)” after “licence”.

(2) Rule 31(1)(c) is amended by omitting “;and” and substituting “.”.

11 Form of licence identification card

Rule 35 is amended by adding “;and” to paragraph (f), and by adding the following paragraph:

“(g) the licensed building practitioner’s area of practice information (if any).”

12 Schedule 1 amended

(1) Schedule 1 is amended by revoking all items relating to the Site 1, Site 2, Site 3, Design 1, Design 2 and Design 3 licensing classes.

(2) Schedule 1 is amended by adding the licensing class competencies set out in Schedule 1 of these rules.

13 New Schedule 2 added

The principal rules are amended by adding the Schedule 2 set out in Schedule 2 of these rules.

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Schedule 1 

r 11(2)

Licensing class competencies added to Schedule 1 of principal rules

Licence class:Design
Descriptor:This licensing class covers practitioners designing any category of building.
Explanatory note:This licensing class includes:
  • Design 1 (Category 1 buildings)
  • Design 2 (Category 1 and 2 buildings)
  • Design 3 (Category 1, 2 and 3 buildings)
Competencies:
  • Competency 1: Comprehend and apply knowledge of the regulatory environment of the building construction industry.
  • Competency 2: Manage the building design process.
  • Competency 3: Establish design briefs and scope of work and prepare preliminary design.
  • Competency 4: Develop design and produce construction drawings and documentation.
These competencies may be demonstrated by meeting some or all of the following performance indicators.
Performance indicators: Competency 1: Comprehend and apply knowledge of the regulatory environment of the building construction industry.

This competency may be demonstrated by meeting some or all of the performance indicators in one or more of the following areas of practice.

Area of practice 1: Design 1 (Category 1 buildings)
1.1.1Explain the purpose of the Building Act and Building Code and their relationship to the design process.
1.1.2Comprehend and apply knowledge of the Building Act and Regulations, the Building Code and Building Code compliance documents relevant to Category 1 buildings. Includes but not limited to – NZS3604, E2/AS1, NZS4229.
1.1.3Explain the relevance of building-related legislation to the design of Category 1 buildings. Includes but not limited to – Health and Safety in Employment Act, Resource Management Act.
1.1.4Demonstrate knowledge of contracts for engagement between the designer and the client, and construction contracts.
1.1.5Describe the key features of the Licensed Building Practitioners Scheme.

Includes but not limited to – the licence classes, restricted building work, accountability to the Building Practitioners Board.

1.1.6Explain the roles and responsibilities of key parties involved in the design and building process.

Includes but not limited to – licensed building practitioners (Design, Site, Specialist, Trade), consulting engineers, trades (e.g. electrical, plumbing, tiling), manufacturers, Department of Building and Housing, building consent authorities (BCAs) and clients.

1.1.7Demonstrate knowledge of the consent processes, including planning requirements under the Resource Management Act and the Building Act. Includes but not limited to – when a consent is required, application, inspection, code compliance certificates.
1.1.8Explain the importance of, and operate within the scope of individual competence, and recognise when other expertise is required. Includes but not limited to – the implications of the different design areas of practice
Area of practice 2: Design 2 (Category 1 and 2 buildings)
1.2.1Explain the purpose of the Building Act and Building Code and their relationship to the design process.
1.2.2Comprehend and apply knowledge of the Building Act and Regulations, the Building Code and Building Code compliance documents relevant to Category 1 and 2 buildings.
1.2.3Explain the relevance of building-related legislation to the design of Category 1 and 2 buildings.

Includes but not limited to – Health and Safety in Employment Act, Resource Management Act, Construction Contracts Act

1.2.4Comprehend and apply knowledge of contracts for engagement between the designer and the client, and construction contracts.
1.2.5Describe the key features of the Licensed Building Practitioners Scheme. Includes but not limited to – the licence classes, restricted building work, accountability to the Building Practitioners Board.
1.2.6Explain the roles and responsibilities of key parties involved in the design and building process. Includes but not limited to – licensed building practitioners (Design, Site, Specialist, Trade), consulting engineers and other specialist consultants, trades (e.g. electrical, plumbing, tiling), manufacturers, Department of Building and Housing, building consent authorities (BCAs) and clients.
1.2.7Demonstrate knowledge of the consent processes, including planning requirements under the Resource Management Act and the Building Act. Includes but not limited to – when a consent is required, application, inspection, code compliance certificates.
1.2.8Explain the importance of, and operate within the scope of individual competence, and recognise when other expertise is required. Includes but not limited to – the implications of the different design areas of practice
Area of practice 3: Design 3 (Category 1, 2 and 3 buildings)
13.1Explain the purpose of the Building Act and Building Code and their relationship to the design process.
1.3.2Comprehend and apply knowledge of the Building Act and Regulations, the Building Code and Building Code compliance documents and New Zealand Standards relevant to Category 1, 2 and 3 buildings.
1.3.3Explain the relevance of building-related legislation to the design of Category 1, 2 and 3 buildings. Includes but not limited to – Health and Safety in Employment Act, Resource Management Act, Construction Contracts Act, Historic Places Act.
1.3.4Comprehend and apply knowledge of contracts for engagement, and construction contracts.
1.3.5Describe the key features of the Licensed Building Practitioners Scheme. Includes but not limited to – the licence classes, restricted building work, accountability to the Building Practitioners Board.
1.3.6Explain the roles and responsibilities of key parties involved in the design and building process. Includes but not limited to – licensed building practitioners (Design, Site, Specialist, Trade), consulting engineers and other specialist consultants, trades (e.g. electrical, plumbing, tiling), manufacturers, Department of Building and Housing, building consent authorities (BCAs) and clients.
1.3.7Demonstrate knowledge of the consent processes, including planning requirements under the Resource Management Act and the Building Act. Includes but not limited to – application, inspection, code compliance certificates.
1.3.7Explain the importance of, and operate within the scope of individual competence, and recognise when other expertise is required. Includes but not limited to – the implications of the different design areas of practice
Competency 2: Manage the building design process.

This competency may be demonstrated by meeting some or all of the performance indicators in one or more of the following areas of practice.

Area of practice 1: Design 1 (Category 1 buildings)
2.1.1Plan, schedule and organise design projects to deliver specified outcomes.
2.2.2Use quality assurance techniques in performing design activities.

Examples of techniques: checklists, design review and peer review.

Area of practice 2: Design 2 (Category 1 and 2 buildings)
2.2.1Plan, schedule and organise design projects to deliver specified outcomes.
2.2.2Use quality assurance techniques in performing design activities. Examples of techniques: checklists, design review and peer review.
2.2.3Explain the processes of construction observation.

May include but not limited to – site meetings and inspections, reporting on compliance with construction documentation, conditions of contract, building consents and any changes required.

2.2.4Explain the processes of contract administration.

May include but not limited to – monitoring compliance with contract requirements, providing supplementary contract documentation, planning and control of documents and records, managing variations to contract and progress claims, monitoring construction programme and costs, monitoring health and safety, record archiving, collation of as-built and compliance documentation, report and determine finalisation of contract.

2.2.5Advise building owner on occupation requirements.

May include but not limited to – applications for certificate for public use, code compliance certificate, food hygiene/preparation certificate.

Area of practice 3: Design 3 (Category 1, 2 and 3 buildings)
2.3.1Plan, schedule and organise design projects to deliver specified outcomes.
2.3.2Use quality assurance techniques in performing design activities.

Examples of techniques: checklists, design review and peer review.

2.3.3Provide construction observation.

May include but not limited to – site meetings and inspections, coordinating specialist consultants, reporting on compliance with construction documentation, conditions of contract, building consents and any changes required.

2.3.4Provide contract administration.

May include but not limited to – monitoring compliance with contract requirements, providing supplementary contract documentation, planning and control of documents and records, managing variations to contract and progress claims, monitoring construction programme and costs, monitoring health and safety, record archiving, collation of as-built and compliance documentation, report and determine finalisation of contract.

2.3.5Advise building owner on occupational requirements.

May include but not limited to – applications for certificate for public use, code compliance certificate, food hygiene/preparation certificate.

Competency 3: Establish design briefs and scope of work and prepare preliminary design.

This competency may be demonstrated by meeting some or all of the performance indicators in one or more of the following areas of practice.

Area of practice 1: Design 1 (Category 1 buildings)
3.1.1Work with client to establish an agreed brief and scope.
3.1.2Carry out or acquire site investigations and accurately document existing conditions.

May include but not limited to – existing building conditions and compliance, topography, immediate neighbourhood, services, streets, elements of the landscape.

3.1.3Demonstrate knowledge of design practice and methods, building elements and construction processes.
3.1.4Consider environmental and social impacts when developing design solutions.

May include but not limited to – understanding of environmental and social impacts, context, and use of resources.

3.1.5Prepare and present preliminary design drawings and outline specification.
3.1.6Present information to client on timelines and costs.
Area of practice 2: Design 2 (Category 1 and 2 buildings)
3.2.1Work with client to establish an agreed brief and scope.
3.2.2Carry out or acquire site investigations and accurately document existing conditions.

May include but not limited to – existing building conditions and compliance, topography, immediate neighbourhood, services, streets, elements of the landscape.

3.2.3Demonstrate knowledge of design practice and methods, building elements and construction processes.
3.2.4Document environmental and social impacts when developing design solutions.

May include but not limited to – understanding of environmental and social impacts, context, and use of resources.

3.2.5Prepare and present preliminary design drawings and outline specifications.
3.2.6Present information to client on timelines and costs.
Area of practice 3: Design 3 (Category 1, 2 and 3 buildings)
3.3.1Work with client to establish an agreed brief and scope.
3.3.2Carry out or acquire site investigations and accurately document existing conditions.

May include but not limited to – existing building conditions and compliance, topography, immediate neighbourhood, services, streets, elements of the landscape.

3.3.3Demonstrate knowledge of design practice and methods, building elements and construction processes.
3.3.4Document environmental and social impacts when developing design solutions.

May include but not limited to – understanding of environmental and social impacts, context, and use of resources.

3.3.5Prepare and present preliminary design drawings and outline specifications.
3.3.6Present information to client on timelines and costs
Competency 4: Develop design and produce construction drawings and documentation

This competency may be demonstrated by meeting some or all of the performance indicators in one or more of the following areas of practice.

Area of practice 1: Design 1 (Category 1 buildings)
4.1.1Apply design standards and identify and produce specific design solutions.
4.1.2Apply basic knowledge of the principles of building technology and performance.
4.1.3Coordinate and integrate specialist design inputs as required.
4.1.4Prepare developed design drawings and specifications.
4.1.5Update clients on timelines and costs.
4.1.6Demonstrate knowledge of conditions of contract.
4.1.7Produce detailed drawings, specifications and documentation suitable for building consent and construction.
Area of practice 2: Design 2 (Category 1 and 2 buildings)
4.2.1Apply design standards and identify and produce specific design solutions.
4.2.2Apply knowledge of building technology and performance.
4.2.3Coordinate and integrate specialist design inputs as required.
4.2.4Prepare developed design drawings and specifications.
4.2.5Update clients on timelines and costs.
4.2.6Demonstrate knowledge of conditions of contract and methods of procurement.
4.2.7Produce detailed drawings, specifications and documentation suitable for building consent and construction.
Area of practice 3: Design 3 (Category 1, 2 and 3 buildings)
4.3.1Apply design standards and identify and produce specific design solutions.
4.3.2Apply comprehensive knowledge of building science, technology and building performance.
4.3.3Coordinate and integrate specialist design inputs as required.
4.3.4Prepare developed design drawings and specifications.
4.3.5Update clients on timelines and costs.
4.3.6Demonstrate knowledge of conditions of contract and alternative methods of procurement. Examples of procurement may include but not limited to – collaborative and complex contract structures.
4.3.7Manage and produce detailed drawings, specifications and documentation suitable for building consent and construction.
Frequency of assessment:The first assessment of current competence will occur 2 years after the date of the issue of the licence. Ongoing assessments will occur every 2 years after the date of the last assessment.

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Licence class:Foundations
Descriptor:This licensing class covers practitioners constructing foundations for Category 1 or 2 buildings.
Explanatory note:This licensing class includes:

Concrete foundation walls and concrete slab-on-ground, and concrete or timber pile foundations.

Competencies:Competency 1: Demonstrate knowledge of the regulatory environment of the building construction industry.

Competency 2: Demonstrate knowledge of current foundation trade practice.

Competency 3: Carry out planning for foundation work.

Competency 4: Carry out foundation work.

These competencies may be demonstrated by meeting some or all of the following performance indicators.

Performance indicators:Competency 1: Demonstrate knowledge of the regulatory environment of the building construction industry.
1.1.1Explain the purpose of the Building Act, the Building Code, Health and Safety in Employment Act, and their relationship with the construction process.
1.1.2Describe the key features of the Licensed Building Practitioner Scheme.

Includes but not limited to – the licensing classes, restricted building work, and accountability to the Building Practitioners Board.

1.1.3Describe the roles and responsibilities of key parties involved in the design and building process.

Roles may include but not limited to – licensed building practitioners (Design, Site, Specialist, Trade), engineers, other trades (eg, electrical, plumbing, tiling), building consent authorities (BCAs), and clients.

1.1.4Describe how foundation work fits within the building consent process.

Includes but not limited to – building consent and resource consent requirements, inspection, code compliance certificate, consequences of non-compliance.

1.1.5Describe building compliance documentation relating to foundation construction.

Includes but not limited to relevant parts of:

Building Code clauses B1 & B2

NZS 3604 Timber Framed Buildings not requiring specific engineering design

NZS 4229 Concrete Masonry Buildings not requiring specific engineering design.

1.1.6Explain the importance of, and operate within the scope of individual competence, and recognise when other skills are required.
Competency 2: Demonstrate knowledge of current foundation trade practice.
2.1Explain relevant foundation terms and construction methods. May include but not limited to – piles, concrete floors, and concrete foundation walls.
2.2Explain the use of foundation fixings.
2.3Demonstrate knowledge of working with other professions, trades, and regulatory authorities.
2.4Describe safe working practices on site.

May include but not limited to - working in confined spaces, pile removal and replacement, temporary capping of reinforcing rods, security of trenches and holes.

2.5Describe the management of environmental issues on site.

May include but not limited to – site runoff (washout water), dust from operations, building waste and hazardous materials disposal, storage of materials, and knowledge of resource consent conditions.

2.6Explain preliminary site set-up requirements.

May include but not limited to – access, survey and setout, underground services, excavations, hoardings, site signage, temporary water and electricity, toilet, shed/store, phone, scaffolding.

Competency 3: Carry out planning for foundation work.
3.1Read and interpret approved consent documentation.
3.2Plan and programme foundation construction.
3.3Order and coordinate material, labour, plant and equipment supply to site.
Competency 4: Carry out foundation work

This competency may be demonstrated by meeting some or all of the performance indicators in one or more of the following areas of practice.

Area of practice 1: Concrete foundation walls and concrete slab-on-ground
4.1.1Work safely at all times.

May include but not limited to – personal safety and safety of others.

4.1.2Manage environmental issues on site.

May include but not limited to – site runoff (washout water), dust from operations, building waste and hazardous materials disposal, storage of materials, and knowledge of resource consent conditions.

4.1.3Excavate and prepare for footings and slab on ground in accordance with documentation.

May include but not limited to – prepare and carry out excavations taking into account position, size, line, level and depth, assess bearing capacity of soil is adequate for foundation type, dispose of excavated soil, place graded hardfill, apply damp proofing material (membrane or emulsion).

4.1.4Construct formwork for footings, foundation walls and floors.

Includes but not limited to – formwork constructed to line, level, plumb and height, removal and cleaning of formwork.

4.1.5Fabricate and place reinforcing steel and steel mesh.

Includes but not limited to – bars, mesh, stirrups, links.

4.1.6Prepare to place concrete.

Includes but not limited to – liaise with subtrades, pipes and ducts placed, damp proof membrane confirmed, pre-placement fixings positioned, concrete joints formed, arrange appropriate inspections.

4.1.7Receive, place, finish and cure concrete.

Includes but not limited to – concrete ordered and received, placed and compacted, concrete finished and cured.

4.1.8Arrange any additional inspections when required.
Area of practice 2: Concrete or timber pile foundation.
4.2.1Work safely at all times. May include but not limited to – personal safety and safety of others, temporary propping, working in confined spaces, pile removal and replacement.
4.2.2Manage environmental issues on site. May include but not limited to – building waste and hazardous materials disposal, storage of materials, complying with the Resource Management Act requirements.
4.2.3Construct concrete or timber pile foundations. Includes but not limited to – site setout and preparation, pile footing excavations, select correct pile type, assess bearing capacity of soil is adequate for foundation type, prepare materials lists, space piles at specified intervals, place piles to line, level, height and plumb, arrange appropriate inspections.
4.2.4Fix bearers, stringers, and bracing. Includes but not limited to – fastening systems, sub-floor brace system.
4.2.5Arrange any additional inspections when required.
Frequency of assessment:The first assessment of current competence will occur 2 years after the date of the issue of the licence. Ongoing assessments will occur every 2 years after the date of the last assessment.

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Schedule 2

r 12

New Schedule 2 added to principal rules

SCHEDULE 2

rr 3(1), 7(4), 11(1)(b)(ii)

Recognised Qualifications

Licensing ClassArea of practiceRecognised qualification
Site
Site 11. National Certificate in Construction (Leading Hand) (Level 4)
2. New Zealand Certificate in Building
3. Advanced Trade Certificate in Carpentry
Site 21. New Zealand Certificate in Building
2. National Certificate in Construction (Supervisor) (Level 5)
3. National Diploma in Construction Management (Level 6)
4. Advanced Trade Certificate in Carpentry
Site31. New Zealand Certificate in Building
2. National Diploma in Construction Management (Level 6)
Carpentry 1. Certificate of Due Completion of Apprenticeship (Carpentry or Carpentry Joinery)
2. National Certificate in Carpentry (Level 4)
3. National Certificate in Carpentry (Advanced) (Level 4)
4. Trade Certificate in Carpentry
5. Advanced Trade Certificate in Carpentry
6. New Zealand Certificate in Building
RoofingConcrete or Clay Tile Roof1. National Certificate in Roofing (Installer) (Level 4) - Concrete Roof Tiles
Profiled Metal Roof and/or Wall Cladding1. National Certificate in Roofing (Installer) (Level 4) - Metal Roof and Wall Cladding
2. National Certificate in Plumbing
Metal Tile Roof1. National Certificate in Roofing (Installer) (Level 4) - Metal Roof Tiles
Roof Membrane1. National Certificate in Roofing (Installer) (Level 4) - Roof Membrane
Torch on Roof Membrane1. National Certificate in Roofing (Installer) (Level 4) - Torch on Roof Membrane
Liquid Membrane Roof1. National Certificate in Roofing (Installer) (Level 4) - Liquid Roof Membrane
Shingle or Slate Roof1. National Certificate in Roofing (Installer) (Level 4) - Roof Shingle
External PlasteringSolid Plastering1. National Certificate in Solid Plastering (Level 4)
2. Trade Certificate in Solid Plastering
3. Advanced Trade Certificate in Solid Plastering
4. Certificate of Due Completion of Apprenticeship (Solid Plastering)
Proprietary Plaster Cladding Systems1. National Certificate in Proprietary Plastering Cladding Systems (Level 4) - Rebated Fibre Cement
2. National Certificate in Proprietary Plastering Cladding Systems (Level 4) - Lightweight Fibre Cement
3. National Certificate in Proprietary Plastering Cladding Systems (Level 4) - External Insulation Finishing Systems (EIFS)
Bricklaying and BlocklayingVeneer1. National Certificate in Brick and Block Laying (Level 4)
2. Trade Certificate in Bricklaying
3. Advanced Trade Certificate in Bricklaying
4. Certificate of Due Completion of Apprenticeship (Bricklaying)
5. National Certificate in Masonry (Bricklaying) (Level 3) - Brick and Block Laying
Structural Masonry1. National Certificate in Brick and Block Laying (Level 4)
2. National Certificate in Masonry (Bricklaying) (Level 3) - Brick and Block Laying

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Date of Board’s resolution approving these rules:

I, Hon Maurice Williamson,  Minister for Building and Construction, approve these rules:

Signed: Maurice Williamson
Date: 8 March 2010

Explanatory note

These rules, made under the Building Act 2004 by Hon Maurice Williamson MP, Minister for Building and Construction, come into force on 1 April 2010 and amend the Licensed Building Practitioners Rules 2007 (the 2007 Rules).

The amendments—

(a) update references to the former 3 design licensing classes and to the former 3 site licensing classes which, on 1 April 2010 and under the Building (Designation of Building Work Licensing Classes) Order 2010, are replaced by a single design licensing class and by a single site licensing class; and

(b) set out the competencies that make up the minimum standards for the trade licensing class called foundations; and

(c) list recognised qualifications for licensing in particular licensing classes (which are kinds of qualifications that reduce information and evidence that an applicant for licensing must provide, and simplify assessments of whether the applicant meets the minimum standard of competence); and

(d) make various minor improvements to the 2007 Rules.

Last updated 14 June 2013

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