Law 319 that specifies the functions of CIAPR
May 15 1938
ACT 319
TO EFFECT THE ORGANIZATION OF THE INSTITUTE OF ENGINEERS,
ARCHITECTS AND SURVEYORS OF PUERTO RICO; T0 SPECIFY ITS FUNCTIONS AND DUTIES, AND FOR OTHER
PURPOSES.
* * *
Be it enacted by the Legislature of Puerto Rico:-
GENERAL PROVISIONS
Section 1. - All professionals entitled to
practice engineering in the Commonwealth of Puerto Rico, provided a majority of them shall so
determine in a referendum to be held for that purpose as hereinafter provided, shall hereby
constitute a juridic body or quasi-public corporation under the name of the College of Engineers,
Architects and Surveyors of Puerto Rico, with domicile in the Commonwealth of Puerto Rico.
Section 2. - The College of Engineers, Architects and Surveyors of Puerto
Rico shall be authorized:
(a) To subsist perpetually under that name;
(b) To sue and be sued,, as a juridical
person;
(c) To have and use a seal which it may alter at will;
(d) To acquire rights and property, chattels
personal as well as real estate, by donation, legacy, contributions among its own members, purchase,
or otherwise; and to own them mortgage them, lease them, and dispose of them in any form;
(e) To designate its directors, officials or
officers who shall be elected in an indeterminate number which in no case shall be less than
thirteen, of whom at least one shall be from each senatorial district;
(f) To adopt its bylaws, which shall be
binding on all its members, as prescribed by the convention provided in section 15 herein, or in
default thereof, by the board of directors hereinafter established; and to amend the same in the
manner and under the requirements therein prescribed;
(g) To adopt and establish a code of
professional ethics to control the conduct of engineers;
(h) To receive and investigate the charges
that may be brought against members in the practice of the profession, and forward them to the Board
of Directors for action and if, after a preliminary hearing in which an opportunity shall be given
to the interested person or his representative, it finds just cause, to institute the corresponding
proceeding of expulsion. Nothing contained in this subsection shall be construed to restrict or
alter the power of the Board of Examiners of Engineers, Architects and Surveyors of Puerto Rico to
institute these proceedings on its own account;
(I) To protect its members in the practice of
the profession, and, through the creation of gratuity funds, an insurance system, and special funds,
or otherwise, to assist those who retire because of physical disability or old age, and the heirs or
beneficiaries of those who die;
(j) To exercise such incidental powers as may
be necessary or convenient for the purpose of its creation and operation and as are not in conflict
with Sections 731 to 743 of this title.
Section 3. - After holding the first
general convention of the College, no one not a member thereof shall practice as an engineer in this
Commonwealth; engineer meaning the various classifications made by the Board of Examiners of
Engineers, Architects and Surveyors, such as civil engineer, mechanical engineer, electrical
engineer, chemical engineer, agricultural engineer, or any other branch of engineering, architecture
and surveying authorized by the Board.
MEMBERS
Section 4. - All engineers admitted to
practice engineering in the Commonwealth of Puerto Rico and who perform the duties that Sections
731-743 of this title prescribe for them shall be members of the College.
ORGANIZATION
Section 5. - The destinies of the College
shall be governed, in the first instance, by the general convention, and in the second instance, by
its Board of Directors.
Section 6. - The officers of the College, who shall also be the officers of
the Board of Directors, shall consist of a President, 1st. Vice-President, 2nd. Vice-President, 3rd.
Vice-President, Secretary, Treasurer, Auditor, and at least six members; Provided, That there shall
be vice-presidents from each of the three professions.
Section 7. - The bylaws shall establish senatorial district delegations or
local bodies to be elected or designated, to operate and perform their duties in such manner and
under such conditions as the bylaws shall prescribe, but the election or designation of those who
shall constitute said delegations or bodies, except in case of waiver of such power, shall be made
by the members of the College residing or leaving their offices in the respective demarcations of
the delegations or bodies.
Section 8. - The bylaws shall contain such provisions as are not herein
contained, including those concerning the operations, duties, and proceedings of all bodies and
officers; calls; dates; quorum; form and requisites of the general conventions, both regular and
special; meetings of the Board of Directors; election of directors and officers; permanent
committees; budgets; investment of funds and disposal of property of the College; terms of all
offices; and creation of vacancies and manner of filling them.
DUES
Section 9. - Every year the members of the
College shall pay dues on the date or in the installments fixed in the bylaws, which dues shall be
fixed by resolution of the annual regular assembly of the College of Engineers, Architects and
Surveyors of Puerto Rico. The lawful quorum for the fixing of dues shall be two hundred
members.
Section 10. - Any member who fails to pay his dues but is, in all other
respects, qualified as a member of the College, shall be suspended as such member, but he may be
reinstated upon payment of the amount owed for that reason.
Section 11. - Every engineer, architect, or surveyor shall attach to every
plan, document or certificate submitted by him for the approval of the Department of Health or other
department, or to any other engineering work submitted to the courts of justice, or any similar
body, a fifty (50) cent stamp that the College shall adopt and issue, in case that said plan,
document, or certificate if for a work the value of which does not exceed five hundred (500)
dollars; and to every plan, document, or certificate, in excess of five hundred (500) dollars, there
shall be attached stamps at the rate of one for every thousand or fraction thereof, on the value of
the work, document, or certificate; Provided, That no stamp shall be required on plans prepared for
the construction of new dwellings, the cost of which is less than one thousand (1,000) dollars, or
on projects for slum clearance; Provided, further, That if said plans, documents, certificates, or
other engineering works are for public work and have been prepared by engineers, architects, or
surveyors who are public employees of any municipality, department, or similar body of the
Government of Puerto Rico, they shall not be obliged to attach said stamp of the College to the
documents mentioned; It being understood, That for the purposes of this exemption, the engineers,
architects and surveyors who, in the preparation of plans, projects, and specifications for public
works, act as private professionals, advisors, or consultants engaged in the private practice of
their profession, and whose compensation is paid on the basis of a fee, shall not be considered
public employees; And, provided, also, That no government department, court of justice of Puerto
Rico, Public Service Commission, or any other similar body, shall approve or consider as valid,
plans, documents, or certificates of engineering or architectural works to which the corresponding
stamps of the College of Engineers, Architects and Surveyors of Puerto Rico have not been
attached.
It shall likewise be the duty of every engineer, architect, or surveyor to
attach to every plan of a survey he may submit for approval by the Division of Public Lands, Land
Authority, Public Service Commission, Courts of Justice, or any other government body, a fifty (50)
cent stamp if the are surveyed does not exceed twenty-five (25) cuerdas; and henceforth a fifty (50)
cent stamp shall be attached and a twenty-five (25) cent stamp for every five (5) additional
cuerdas; Provided, That none of the government bodies mentioned shall approve or accept as valid the
plans of a survey to which the proper stamps of the College of Engineers, Architects and Surveyors
have not been attached.
On every public work, to the plans, project, or specifications of which the
stamps of the College have not been attached, or which is executed after a public call for bids, by
any department, bureau, or agency of the Commonwealth or municipal government, or by any agency,
authority, or Commonwealth or municipal entity, the proper stamps of the College shall be cancelled
when the contract is signed, in accordance with the tariff prescribed in this section, and the chief
or official in charge of each department, bureau, agency, authority, or entity of the Commonwealth
or municipal government, is hereby authorized and directed to demand from the contractor the
cancellation of the proper stamps as provided; Provided, That the projects of a Housing Authority
shall be exempt from the provisions of sections 731-743 of this title.
The amount hereby collected shall be covered into the funds of the College of
Engineers, Architects and Surveyors for its use.
PENALTIES
Section 12. - Every person not duly
admitted and licensed to practice the profession as provided by sections 731-743 of this title, or
who, during the suspension of his license, practices as if capacitated and authorized therefor,
advertises himself as such engineer, or pretends to be a practicing engineer, shall be guilty of a
misdemeanor, and, upon conviction, shall be punished by a fine of not less than one hundred (100)
dollars nor more than three hundred (300) dollars, or by imprisonment for a period of not less than
two (2) months nor more than one (1) year, or by both penalties.
DUTIES AND OBLIGATIONS 0F THE
COLLEGE
Section 13. - The College of Engineers,
Architects and Surveyors of Puerto Rico shall have the following duties and obligations:
(a) To promote the advancement of engineering in Puerto Rico, and of
subsidiary trades and industries.
(b) To determine measures for mutual
protection, to tighten the bonds of friendship and fellowship between the members thereof.
(c) To establish relations with similar
associations in other countries, within definite rules of solidarity and courtesy.
(d) To cooperate in the enactment of fair and
just legislation, especially if related to the profession of engineering.
(e) To lend support and give the greatest
possible impulse to works of all kinds, public as well as private, believing that they are the
surest sign of the progress of the country.
Section 14. - If any clause, paragraph,
section, article, or part of this Act is declared unconstitutional by a court of competent
jurisdiction, said decision shall not affect or invalidate the other provisions of this Act, but its
effect shall be restricted to the clause, paragraph, section, article, or part of this Act that was
so declared.
Section 15. - All laws or parts of laws in conflict herewith are hereby
repealed.
Section 16. - This Act shall take effect ninety days after the approval.
(Act No. 319, approved May 15, 1938 was amended by Act No. 64 approved April 29,
1939; Act No. 68, approved April 25, 1940; Act No. 142, approved May 9, 1941; Act No. 187, approved
May 15, 1943; Act No. 244, approved May 8, 1950; Acts No. 6 and 11 approved July 24, 1952; the
Constitution of the Commonwealth of Puerto Rico, approved July 25, 1952; Act No. 27, approved May
13, 1954 and Act No. 7, approved May 7, 1965).
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