Esta ley enmienda la Ley Núm. 88 de 4 de mayo de 1939 para regular la profesión de plomero maestro y oficial. Establece requisitos de membresía profesional, educación continua, y registro en el Departamento de Asuntos del Consumidor para plomeros independientes. También introduce disposiciones sobre la denegación, suspensión y cancelación de licencias, acuerdos de reciprocidad con otras jurisdicciones y un periodo transitorio para la actualización de licencias y membresías.
(Approved August 10, 2004)
To revoke Sections 5 and 6; add new Sections 5, 5A, 5B, 5C, 6 and 26A; and to amend Section 29, of Act No. 88 of May 4, 1939, as amended, to clarify and provide that all master plumbers and journeymen shall comply with their obligation to keep their professional membership fees up to date, provide reciprocity agreements with other jurisdictions, clarify that the requirement to register with the Department of Consumer Affairs shall apply only to master plumbers and journeymen that offer services as independent contractors, and to establish transitory provisions, among other matters.
The plumbing trade is regulated by Act No. 88 of May 4, 1939, as amended. Some Sections of the Act have been amended on general terms on several occasions, and without coordinating one with another. Several Sections of the Act must be expunged and others must be updated in order to harmonize them to the changes that take place from time to time, for them to be better understood.
The Association of Master Plumbers and Journeymen shares the concern of Puerto Rican families that suffer the consequences of persons who insist in the illegal practice of this trade. The Examining Board must be given the power so that once the term provided by law is extinguished, all licenses that appear with unfulfilled college membership shall be deemed inactive, thus updating the registers. There is an urgent need to strengthen its governing
body. Likewise, there should be mechanisms for compliance of due process of Law, for all members without impairing the right to practice their trade. This measure shall allow master plumbers and journeymen to keep their memberships up to date.
The amendments introduced by this Act, are directed to safeguard and protect the prestige of these reputable professionals, and have the means to prevent that the consumers receive fraudulent services, that are detrimental to the Puerto Rican economy.
Section 1- Section five (5) of Act No. 88 of May 4, 1939, as amended is hereby revoked, which reads as follows:
Section 2.- Section 6 of Act No. 88 of May 4, 1939, is hereby revoked, which reads as follows:
Section 3.- Section 5 of Act No. 88 of May 4, 1939, as amended, is hereby amended to read as follows: "Section 5.- Fees and License Renewal The Board shall collect the following fees for examinations and licenses. For licenses issued as provided in this Act, and for renewals that shall be made every four (4) years, Master Plumbers and Journeymen shall pay ten (10) dollars and five (5) dollars, respectively. For the apprentice plumber license, the candidate shall pay the sum of five (5) dollars. Said license shall be for a term of one (1) year and may be renewed for an equal term upon the payment of the same fees.
To renew the license as Journeyman or Master Plumber, the candidate shall have taken not less than nine (9) hours of continuing education a year, offered by an accredited educational entity or by the Master Plumbers and
Journeymen Association of Puerto Rico." Section 4.- A new Section 5A is hereby added to Act No. 88 of May 4, 1939, as amended, to read as follows: "Section 5A.- Denial to Issue The Board shall deny the issue of a license, upon prior notice and hearing, to any person who:
(a) Does not meet the requirements established in this Chapter.
(b) Has attempted to obtain or helped another to obtain a license by means of fraud or deceit."
Section 5.- A new Section 5B is hereby added to Act No. 88 of May 4, 1939, as amended, to read as follows: "Section 5B.- Suspension The Board may suspend a license for a term of not more than one (1) year, upon prior notice and hearing, of any master plumber or journeyman who:
(a) Has been convicted of a felony or a misdemeanor that implies moral turpitude.
(b) Has attempted to help another person to obtain a license by means of fraud or deceit.
(c) Has incurred manifest incompetence in the practice of the profession in prejudice of a third party."
Section 6.- A new Section 5C is hereby added to Act No. 88 of May 4, 1939, as amended, to read as follows: "Section 5C.- Denial of Renewal
(a) Licenses shall be issued for life, and the holders thereof are bound to renew their yearly membership thirty (30) days in advance of their expiration date. If the membership is not renewed within said term, and is renewed
within one (1) year after the expiration date, the holder is bound to pay double the amount of the fee.
(b) The Board shall cancel the license, upon prior notice and hearing, of any master plumber or journeyman who has not renewed their membership for a term of five (5) years after its expiration. Provided, that if it is cancelled, the person may obtain the license anew, upon meeting the requirements of this Chapter, as if requesting it for the first time.
(c) The license shall not be renewed if the holder thereof does not submit evidence of being a member and having approved continuing education studies by means of training or seminars for improvement in the practice of the trade, for a term of not less than nine (9) hours during the effectiveness of his/her membership; provided, that he/she may obtain the license after showing evidence of membership and continuing studies, along with the other requirements."
Section 7.- A new Section 6 is hereby added to Act No. 88 of May 4, 1939, as amended, to read as follows: "Section 6.- Review Any person who is adversely affected by any order or decision of the Board denying the issue or renewal of a license, or the suspension of a license, may request a review of the order or decision within thirty (30) days of having been notified thereof. The Court of First Instance shall review the order or decision of the Board based on the record kept by the Board."
Section 8-. A new Section 26 A is hereby added to Act No. 88 of May 4, 1939, as amended, to read as follows: "Section 26A.- Reciprocity The Board shall be authorized to establish reciprocity relations given the conditions and requirements it deems necessary on the granting of a license
without examination, directly with the corresponding entities of any state of the United States of America in which there are requirements similar to those established in this Act to obtain a license as Apprentice, Master plumber or Journeyman, which provide a similar concession for those granted a license by this Board."
Section 9.- A transitory provision is hereby added to Act No. 88 of May 4,1939 , as amended, to read as follows: "Transitory Provision Upon the approval of this Act, master plumbers and journeymen who hold licenses and college memberships, who are in arrears in the payment fees for five years and/or more than five years, shall be granted a period of one year for them to make the appropriate transactions to update their license and membership. At the end of one year, which begins as of the approval of this Act, if the master plumber or journeyman does not meet the obligation of updating the license and membership, the Board shall proceed to drop them and their license shall be deemed inactive. After that year, in order for said master plumber or journeyman to obtain an active license, he/she shall apply for it as if it were for the first time."
Section 10.- Section 29 of Act No. 88 of May 4, 1939, as amended, is hereby amended to read as follows: "Any licensed master plumber or journeyman who wishes to engage the full or part-time practice thereof as an independent contractor, shall register in the Department of Consumer Affairs and pay a bond in said Department, whose amount shall be determined on the basis of the corresponding regulations. The registration and renewal fees shall be those required in the Consumer Affairs Regulations. The Master Plumbers and Journeymen Association shall provide a list each year, to the Department of Consumer
Affairs, the names of all persons to whom a license and membership has been issued for the practice of this trade. This list shall include the membership number, date of issue and expiration, and specifications of any disciplinary action taken by the College against any of its members, and any other pertinent information. Every licensed master plumber and journeyman shall submit evidence annually before the Department that their license is in effect, and that, because he is engaged in the full or part time practice as an independent contractor, they have a bond in effect to guarantee the proper performance of their work. The funds generated by said registration shall be covered into a special fund of the Department of Consumer Affairs to be used to set up this Section. The Secretary of the Department of Consumer Affairs is hereby authorized to promulgate the necessary regulations and/or amend the existing ones to set up and comply with this Section. Provided, that professional master plumbers and journeymen employed as such, in government or private enterprise, as well as those who do not render than professional services as independent contractors, shall not have to register in the Department of Consumer Affairs."
Section 11.- This Act shall take effect immediately after its approval.
I hereby certify to the Secretary of State that the following Act No. 207 (S.B. 914) of the $7^{ ext {th }}$ Session of the $14^{ ext {th }}$ Legislature of Puerto Rico:
AN ACT to revoke Sections 5 and 6; add new Sections 5, 5A, 5B, 5C, 6 and 26A; and to amend Section 29, of Act No. 88 of May 4, 1939, as amended, to clarify and provide that all master plumbers and journeymen shall comply with their obligation to keep their professional membership fees up to date, provide reciprocity agreements with other jurisdictions, clarify that the requirement to register with the Department of Consumer Affairs shall apply only to master plumbers and journeymen that offer services as independent contractors, and to establish transitory provisions, among other matters, has been translated from Spanish to English and that the English version is correct.
In San Juan, Puerto Rico, today $12^{ ext {th }}$ of August of 2005.
Francisco J. Domenech Director