Esta ley enmienda la Ley Núm. 88 de 4 de mayo de 1939 para regular la profesión de plomero maestro y oficial en Puerto Rico. Establece requisitos de licencia, educación continua, certificación y sellos para los trabajos realizados, crea un registro en el Departamento de Asuntos del Consumidor (DACO) y un fondo para educación continua. También define términos relacionados con la plomería y establece penalidades por la práctica ilegal de la profesión.
(Approved February 27, 2002)
To amend Sections 5, 11B, 12, 26, 27, and 28, and add Section 29 to Act No. 88 of May 4, 1939, as amended, in order to add definitions, demand certification and the attachment of a stamp on all works performed by a licensed master or journeyman plumber; require and regulate the registry of master and journeyman plumbers at the Department of Consumer Affairs; create a fund for the Continued Education Program; and for other purposes.
Master and journeyman plumbers are involved in a very important endeavor which is closely related to the health and hygiene of our people. For businesses as well as for hospital and industries, the proper functioning of plumbing systems is a compelling necessity. Any deficiency in these systems might represent great losses, which are in many cases irreparable.
In spite of the fact that this profession is regulated, the proliferation of unlicensed individuals who engage in this occupation without the know-how pose a risk to our society. To prevent these situations, we have demanded other colleged and regulated professions such as this one to have their technicians or experts issue a certification and affix a stamp as a guarantee of a professional service rendered adequately to the public. Thus, the technician's license shall respond for any negligence or malpractice incurred by the technician.
The members of the College of Master and Journeyman Plumbers have expressed their concern about the unlawful exercise of their profession. We believe that demanding the certification and attachment of a stamp on said certification shall result in a better guarantee for the citizenry while retiring from the market those who intend to practice the profession without a license or the knowledge to do so.
Section 1.- To amend Section 5 of Act No. 88 of May 4, 1939, as amended, to read as follows: "Section 5.- For licenses issued as provided in this Act and for renewals thereof every four (4) years, master and journeyman plumbers shall pay ten (10) dollars and five (5) dollars, respectively. For the apprentice plumber license, the candidate shall pay the amount of five (5) dollars. Said license shall be for the term of one (1) year and may be renewed for an equal term after payment of the same fee.
To renew the journeyman plumber or the master plumber license, the candidate must have taken at least nine (9) credit-hours of continued education a year offered by an accredited educational institution or by the College of Master and Journeyman Plumbers of Puerto Rico."
Section 2.- To amend Section 11B of Act No. 88 of May 4, 1939, as amended, to read as follows: "Section 11B.- The Secretary of Health, the College of Master and Journeyman Plumbers, or their authorized representatives shall be in charge of seeing that no person shall practice as master, journeyman or apprentice plumber in
Puerto Rico without holding the corresponding license. To such effects, the Secretary of Health shall designate plumbing inspectors who shall have as their main mission to see that this Section's provisions are met."
Section 3.- To amend Section 12 of Act No. 88 of May 4, 1939, as amended, to read as follows: "Section 12.- For the purposes of this Act, the following words or terms shall have the meaning hereinbelow expressed:
(a) Apprentice Plumber.-Person authorized by the Board of Examiners of Master and Journeyman Plumbers of Puerto Rico to engage in plumbing endeavors under the direction and supervision of a master plumber while under training as referred to in Section 4 of this Act.
(b) Journeyman Plumber Certification.-Document issued by a journeyman plumber after having installed, repaired or given maintenance to any plumbing system, with the purpose of guaranteeing the work performed.
(c) Master Plumber Certification.-Document issued by a master plumber after having inspected, installed, repaired or given maintenance to any plumbing system, with the purpose of guaranteeing or certifying the work performed by him/her or by a plumber who is a College member.
(d) College.-The College of Master and Journeyman Plumbers.
(e) Plumbing Inspector.-A person with a master plumber's license appointed by the College, attached to the Department of Health, who is authorized by law to supervise plumbing works in their entirety, and who shall comply with the following requirements:
(1) See to it that all plumbing works are done by plumbers who are College members and are authorized by law. (2) Inspect the material used or to be used in every plumbing work to ensure that the standards and specifications required by law are met. (3) Inspect the work done to verify filtrations in all the drinking water, sewage, and gas lines. (4) Inform the Secretary of Health of any anomalies as a result of his/her supervision of plumbing work.
(f) Board.—Means the Board of Examiners of Master and Journeyman Plumbers.
(g) Master Plumber.-A person authorized by the Board of Examiners of Master and Journeyman Plumbers to practice the profession and inspect and certify plumbing works.
(h) Journeyman Plumber.-A person authorized by the Board of Examiners of Master and Journeyman Plumbers to practice the profession of plumbing.
(i) Commercial System.—Plumbing system that serves an establishment engaged in commercial, recreational and service-rendering activities, including hotels, inns and analogous establishments. The components of the commercial system include domestic gas line installations, fire prevention and agricultural irrigation systems, fire hydrants, boilers, cesspools, and aqueducts and sewers, among others.
(j) Domestic System.-An individual, family or multi-family system developed with the purpose of serving individuals or family units for a specific term or permanently. Hotels, inns and commercial
units engaged in a similar business are hereby excluded. Components of the domestic system include domestic gas line installations, fire prevention systems, fire hydrants, cesspools, and aqueducts and sewers, among others.
(k) Industrial System.—Plumbing system that serves an establishment engaged in industrial, agricultural, manufacturing, material processing, or pharmaceutical endeavors, as well as hospitals or refinery plants. Components of the industrial system include gas line installations, fire prevention and agricultural irrigation systems, fire hydrants, boilers, cesspools, and aqueducts and sewers, among others."
Section 4.- To amend Section 26 of Act No. 88 of May 4, 1939, as amended, to read as follows: "Section 26.- Every person who practices as a master, journeyman or apprentice plumber in Puerto Rico without holding a license issued by the Board of Examiners pursuant to the provisions of this Act, and every person who misrepresents or advertises as such without being duly licensed by said Board, and every master plumber who employs or has working under his/her supervision doing plumbing works, any person that does not hold an apprentice plumber license or a journeyman plumber license shall be guilty of misdemeanor and upon conviction shall be punished by a fine of not less than ten (10) dollars nor greater than fifty (50) dollars, or by imprisonment for a term of not less than ten (10) days nor greater than one (1) month, or both penalties, in the discretion of the court. In the event of subsequent convictions, he/she shall be punished by a fine of not less than one hundred (100) dollars nor greater than three hundred (300) dollars, or by
imprisonment for a term of not less than one (1) month nor greater than six (6) months, or both penalties, in the discretion of the court.
Any employer who hires a person as a master, journeyman or apprentice plumber knowing that said person does not have a license issued by the Board to practice in such a capacity, shall be guilty of misdemeanor and shall be punished by a fine of not less than fifty (50) dollars nor greater than two hundred (200) dollars, and for subsequent convictions, by a fine of not less than one hundred (100) dollars nor greater than five hundred (500) dollars.
For purposes of this Act, employer means any natural or juridical person who engages by him/herself or through an agent in the commercial practice of rendering installation, maintenance or repair of plumbing equipment."
Section 5.- To amend Section 27 of Act No. 88 of May 4, 1939, as amended, to read as follows: "Section 27.- Every plumber shall affix the stamp of the College of Master and Journeyman Plumbers of Puerto Rico for the amount of four (4) dollars on all documents that certify the installation of plumbing, fire prevention and gas systems, filed with the Aqueduct and Sewer Authority, the Public Service Commission and the Firefighter Corps of Puerto Rico, and a stamp for the amount of two (2) dollars for all occupation permit documents filed with the Regulations and Permits Administration. The Aqueduct and Sewer Authority, the Public Service Commission, the Firefighters Corps of Puerto Rico and the Regulations and Permits Administration shall demand a certification of installation attested to by a master plumber before issuing the corresponding occupation permit authorizing the connection of sanitary
installations to the register and all other facilities of the Authority and concessionaires of the Public Service Commission.
All licensed master and journeyman plumbers shall draft a certification of the work performed on the form provided by the College for such purposes. They shall affix the corresponding stamp as adopted by the College and deliver the same to the natural or juridical person who hired their services as a guarantee of the work performed, as well as of their capability and knowledge, and to work as a technician.
The stamps to be adopted by the College shall be classified into the following categories: (1) Certification and guarantee for installation, repair, and maintenance services to domestic systems $1.00 (2) Certification and guarantee for installation, repair and maintenance services to commercial systems $2.00 (3) Certification and guarantee for installation, repair and maintenance services to industrial systems $3.00 (4) Certification and guarantee for installation, repair and maintenance services for water reserve tanks $3.00 (5) Certification and guarantee for installation, repair and maintenance services for cesspool tanks $3.00
(6) Certification and guarantee for installation, repair and maintenance services for separators $3.00 To such effects, the Secretary of the Treasury shall sell, through the internal revenue collectors' offices, the special stamps adopted and issued by the College of Master and Journeyman Plumbers of Puerto Rico, pursuant to this Act. The College of Master and Journeyman Plumbers shall deliver to the Secretary of the Treasury, from time to time, a sufficient number of stamps for their sale. The Secretary of the Treasury shall make a monthly statement on the total value of the stamps sold; he/she shall withhold ten percent ( $10 %$ ) of the sum collected from the sale of these stamps to cover the administrative expenses incurred in the sale thereof, and the remaining amount shall be reimbursed to the College of Master and Journeyman Plumbers of Puerto Rico.
Twenty-five percent (25%) of the amount collected on account of the sale of stamps shall be used for continued education programs. The cost of enrolling in said courses shall never exceed the costs actually incurred for those purposes by the College, minus the amount collected on stamps for said purposes.
The Continued Education Program shall be sponsored and regulated by the Board together with the College of Plumbers, who shall certify at least two (2) institutions, in addition to the College, in which the continued education courses can be taken.
The proceeds of the stamps sold, as well as the unsold stamps, shall be considered for all effects and purposes to be of the same nature and condition as securities of the Commonwealth of Puerto Rico in custody of the Secretary of the Treasury."
Section 6.- To amend Section 28 of Act No. 88 of May 4, 1939, as amended, to read as follows: "Section 28.- The Secretary of Justice, the Secretary of Health, the College of Master and Journeyman Plumbers of Puerto Rico, the district prosecutors, the Board of Examiners of Master and Journeyman Plumbers or any affected person or entity within the Commonwealth of Puerto Rico, may prosecute an injunction proceeding, pursuant to the laws that govern these proceedings, against any person who engages in the practice of plumbing without having a master plumber, journeyman plumber or apprentice plumber license issued by the Board of Examiners of Master and Journeyman Plumbers; Provided, that the injunction action provided herein shall not release the violator from being criminally indicted for illegal practice as established in Section 26 of this Act.
For purposes of this Section, every natural or juridical person engaged in the commercial practice of rendering services for the installation, maintenance or repair of plumbing equipment shall be deemed to be engaged in the practice of plumbing."
Section 7.- To add Section 29 to Act No. 88 of May 4, 1939, as amended, to read as follows: "Section 29.- Registry and Bond.- All licensed Master and Journeyman Plumbers who engages in the practice as an independent contractor, whether full time or part time, shall register at the Department of Consumer Affairs and post a bond at said Department, which amount shall be determined based on the corresponding regulations. The fees for registration and renewal of registry shall be those required in the Regulations for the Registration of Contractors of the
Department of Consumer Affairs. The College of Master and Journeyman Plumbers is hereby directed to provide each year to the Department of Consumer Affairs, a list with the names of all persons to whom a license has been issued and who is a member of the College, for the practice of this occupation. This list shall contain the number of the College member, the date of issue and expiration, specifications as to any disciplinary actions taken by the College concerning any of its members, and any other pertinent information. Each year, all licensed master and journeyman plumbers shall credit to the Department that their license is in effect and that if they engage in the practice as independent contractors, whether part or full time, they have a bond in effect to guarantee a work done adequately. The funds generated on account of this register shall be covered into a special fund of the Department of Consumer Affairs, to be used in the implementation of this Section.
The Secretary of the Department of Consumer Affairs is hereby empowered to promulgate the regulations needed and/or amend those existing, for the implementation of and compliance with this Section."
Section 8.- The Department of Consumer Affairs (DACO, Spanish acronym) shall disclose to the public the scope and the date of effectiveness of this Act.
Section 9.- This Act shall take effect on January 1st, 2002.
I hereby certify to the Secretary of State that the following Act No. 38 (S.B. 974) of the $3^{ ext {nd }}$ Session of the $14^{ ext {th }}$ Legislature of Puerto Rico:
AN ACT to amend Sections 5, 11B, 12, 26, 27, and 28, and add Section 29 to Act No. 88 of May 4, 1939, as amended, in order to add definitions, demand certification and the attachment of a stamp on all works performed by a licensed master or journeyman plumber; require and regulate the registry of master and journeyman plumbers at the Department of Consumer Affairs; create a fund for the Continued Education Program; and for other purposes, has been translated from Spanish to English and that the English version is correct.
In San Juan, Puerto Rico, today $29^{ ext {th }}$ of December of 2003.
Elba Rosa Rodríguez-Fuentes Director