Esta ley enmienda la Ley Núm. 36 de 20 de mayo de 1970 para aumentar las multas impuestas por practicar el oficio de técnico de refrigeración y aire acondicionado sin la licencia requerida por la Junta Examinadora. Establece sanciones para quienes ejerzan la profesión sin estar debidamente licenciados y asociados al Colegio de Técnicos de Refrigeración y Aire Acondicionado, con multas mayores para reincidentes. Exime a los empleadores que utilicen estudiantes bajo la supervisión de un técnico licenciado.
(Approved May 22, 2002)
To amend Section 32 of Act No. 36 of May 20, 1970, as amended, to increase the penalties imposed for practicing the trade of refrigeration and air conditioning technician without license issued by the Board created by this Act.
On May 20, 1970, the Legislature of Puerto Rico passed Act No. 36, in order to regulate the refrigeration and air conditioning technician trade. This Legislation arises from the urgent need to regulate the practice of said trade, harmoniously and effectively, in view of the accelerated development of said industry in the Island.
Said Act establishes as a requirement that every refrigeration and air conditioning technician be at least 18 years of age, has approved his/her fourth year of high school, and a course in the subject in an institution accredited by the Department of Education, and has approved the examination offered by the Board created by Act No. 36, among others. These requirements imposed by Law, qualify the refrigeration and air conditioning technicians to practice their trade.
Since the passing of this Act, the refrigeration and air conditioning technicians have practiced their trade with dignity and responsibility. However, there are occasions in which these associated professionals do not carry out the installation of air conditioners, which are installed by other
persons holding no license thereto, violating the provisions of law established in Section 30 of Act No. 36 of May 20, 1970.
This malpractice has affected the commercial development of Puerto Rico. The regulations of the Commonwealth for this type of activity are indispensable in order to protect the public interest, and by examining the candidates who shall practice the technique of installing and repairing refrigeration and air conditioning equipment, such regulations guarantee to the public in general the use of the services of persons previously licensed and trained thereto.
The Legislature of Puerto Rico deems necessary to increase the penalty imposed in Section 30 of Act No. 36 in order to dissuade from the practice of the refrigeration and air conditioning technician trade in Puerto Rico by persons not duly licensed. In this manner, the government protects the interests of the Puerto Rican consumer and of those who have been devoted to the study and training of this technique against the disloyal competition of persons and groups not having the adequate qualifications to be engaged in this activity.
Section 1.- Section 32 of Act No. 32 of May 20, 1970, as amended, is hereby amended to read as follows: "Section 32.- Any person who practices the trade of refrigeration and air conditioning technician in Puerto Rico without holding a license duly issued by the Examining Board and without being a member of the College of Refrigeration and Air Conditioning Technicians in Puerto Rico, pursuant to the provisions of this Act, and all persons who purport to be or advertise their services as such without having been duly associated and licensed by
the Board, shall incur in a misdemeanor and shall be sanctioned by a fine which shall not be less than five hundred (500) dollars nor more than one thousand $(1,000)$ dollars. In case of subsequent violations, the culprit shall be punished by a fine of not less than one thousand $(1,000)$ dollars nor more than five thousand $(5,000)$ dollars.
Any employer who uses the services of a student, according to subsection
(e) of Section 9 of this Act, shall be exempt from the provisions of this Section, as long as the latter is supervised by a duly licensed and associated refrigeration and air conditioning technician."
Section 2.- This Act shall take effect immediately after its approval.
I hereby certify to the Secretary of State that the following Act No. 67 (H.B. 1260) of the $\underline{3}^{ ext {rd }}$ Session of the $14^{ ext {th }}$ Legislature of Puerto Rico:
AN ACT to amend Section 32 of Act No. 36 of May 20, 1970, as amended, to increase the penalties imposed for practicing the trade of refrigeration and air conditioning technician without license issued by the Board created by this Act, has been translated from Spanish to English and that the English version is correct.
In San Juan, Puerto Rico, today $30^{ ext {th }}$ of April of 2004.
Elba Rosa Rodríguez-Fuentes Director