Plumbing Engineering Act

Sendie Bifter of tur Entretarp TWENTIETH CONGRESS OF THE ) REPUBLIC OF THE PHILIPPINES ) First Regular Session 25 SEP -9 P5:31 SENATE S. B. No. 1367 RECEIVED BY Introduced by SENATOR IMEE R. MARCOS AN ACT REGULATING THE PRACTICE OF PLUMBING ENGINEERING IN THE PHILIPPINES, APPROPRIATING FUNDS THEREFOR, AND FOR OTHER PURPOSES EXPLANATORY NOTE Republic Act No. 1378, otherwise known as the "Plumbing Law", , was enacted on June 18, 1955. Now, seventy years later, the law remains unchanged-despite significant technological advancements and evolving industry standards. Its provisions have become outdated and no longer align with the current demands and realities of the plumbing profession. Given the rapid growth and modernization of the plumbing industry, there is a clear and urgent need for the participation of Plumbing Engineers with respectable academic and technical backgrounds. Their expertise is essential in adopting modern technologies, sustainable practices, and globally recognized standards in plumbing design and implementation. As the Philippines continues to undergo fast-paced urbanization - and as one of the countries most vulnerable to climate change - it is critical to strengthen the role of qualified Plumbing Engineers. Their enhanced participation will ensure the delivery of safe, efficient, and climate-resilient plumbing systems that meet the needs of the present and future generations. Indeed, this is important with the ongoing rapid urbanization of our country, taking into consideration that the Philippines is the most vulnerable country to climate change. Thus, the immediate passage of this bill is earnestly sought. Free h. mared IMEE R. MARCOS /

Senate TWENTIETH CONGRESS OF THE ) - Bihop of the aritary REPUBLIC OF THE PHILIPPINES ) First Regular Session 25 SEP -9 P5:31 SENATE S. B. No. 1367 RECEIVED BY: Introduced by SENATOR IMEE R. MARCOS AN ACT REGULATING THE PRACTICE OF PLUMBING ENGINEERING IN THE PHILIPPINES, APPROPRIATING FUNDS THEREFOR, AND FOR OTHER PURPOSES Be it enacted by the Senate and the House of Representatives of the Philippines in Congress assembled:

Section 1. Short Tile. - This Act shall be known as the "Plumbing Engineering

Act."

Sec. 2. Declaration of Policy. - The State recognizes the importance of plumbing

engineering in the rapid urbanization of our country and in nation-building and development. 5 The State shall encourage the establishment of a pool of innovative plumbing professionals that adopt to globally accepted industry standards and practices who are committed to the pursuit of excellence and the ethical practice in the plumbing profession in order to achieve social upliftment and the improvement of the quality of life.

Sec. 3. Definition of Terms. - The following shall be defined in this Act, as follows:

(a) Master Plumber shall refer to a person who is a holder of a valid Certificate 11 of Registration or professional license and professional identification card as master plumber; (b) Practice of Plumbing Engineering shall refer to the professional and organized act of applying scientific principle and technique for the design, installation, and operation of plumbing systems involving hot and cold water supply, installation of fixtures, sanitary drainage, vent system, storm drainage, gas piping, swimming pools, water feature, fire protection system, irrigation system, private water system and

private sewerage disposal system within or adjacent to any buildings and other structures. It shall embrace services to the following activities: (1) Consultations, designing preparation of plans, specifications, estimates, erection, installation, and supervision of plumbing works, including the inspection and acceptance of materials used therein; (2) Extension, addition, alteration, and modification of all piping for fixtures, equipment, appliances, and appurtenances in connection with any of the above scope; and (3) Engagement in the teaching or transfer of knowledge and technology of plumbing engineering in any institution of learning particularly on subjects included in the licensure examinations; and (c) Plumbing Engineer shall refer to a person who is a holder of a valid Certificate of Registration or professional license and professional identification card issued by the Professional Regulatory Board of Plumbing Engineering and the Professional Regulation Commission (PRC) and who is legally qualified to practice 16 plumbing engineering in the Philippines pursuant to this Act.

Sec. 4. Creation of the Professional Regulatory Board of Plumbing Engineering.

18 - There is hereby created a Professional Regulatory Board of Plumbing Engineering, 19 hereinafter called the "Board", which shall be under the administrative control and supervision of the PRC. The Board shall be composed of a Chairperson and two (2) members to be appointed by the President of the Republic of the Philippines from among those recommended by the PRC from the three (3) nominees of the duly 23 accredited professional organization (APO) of plumbing engineers.

Sec. 5. Qualifications of the Chairperson and Members of the Board. - At the

time of their respective appointments, the members of the Board, including the Chairperson, must have the following qualifications: (a) Be a natural-born Filipino citizen and resident of the Philippines for at least five (5) consecutive years; (b) Be at least thirty-five (35) years of age; (c) Be of proven integrity and high moral values; (d) Not have been convicted on final judgment by any court for any offense involving moral turpitude;

(e) Be a Plumbing Engineer holding a valid Certificate of Registration and a valid professional license as Plumbing Engineer having a degree of Bachelor of Science in Engineering, and an active practitioner in Plumbing Engineering for not less than ten (10) years prior to appointment; (f) Not be a member of the faculty of any school, academy, institute, college, 6 or university where a regular course in Plumbing Engineering is being taught, nor have pecuniary interest in or administrative supervision over any such institution of 8 learning; and (9) Not be connected with a review center or with any group or any association where review classes or lectures in preparation for the licensure examination are offered or conducted, for a period of at least three (3) consecutive years prior to appointment.

Sec. 6. Term of Office. - The Chairperson and members of the Board shall hold

office for a term of three (3) years from the date of appointment. Of the members of the Board first appointed under this Act, one (1) member 16 shall be appointed and hold office for three (3) years, one (1) member for two (2) 17 years, and one (1) member for one (1) year. The Chairperson or members of the Board may be reappointed for another term but shall in no case serve continuously for more than six (6) years. Any vacancy occurring in the membership of the Board within the term of a member shall be filled for the unexpired portion of the term only. Each member of the Board shall take an 22 oath of office prior to the official performance of duties.

Sec. 7. Powers, Functions, Duties, and Responsibilities. - The Board shall

exercise the following powers, functions, duties, and responsibilities: (a) Supervise and regulate the examination, registration, licensure, and the practice of plumbing engineering; (b) Determine and evaluate the qualifications of the applicants for registration; (c) Prepare the examination questions in accordance with Section 14 hereof and supervise, check, and rate the licensure examination papers; (d) Prescribe, amend, or revise the requirements and subjects in the licensure examination for plumbing engineers and their relative weights, subject to the approval of the PRC;

(e) Administer oaths to successful examinees entering the practice of plumbing 2 engineering in the Philippines; (f) Issue, suspend, or revoke the license for the practice of plumbing 4 engineering or to reissue the same; (g) Issue special permits to foreign plumbing engineers for specific duration of 6 time; (h) Adopt an official seal of the Board; (i) Look into the conditions affecting the practice of the plumbing engineering profession and, whenever necessary, adopt such measures as may be deemed proper for the enhancement of the profession and the maintenance of high professional, technical, and ethical standards of the profession; () Prescribe and adopt a set of ethical and technical standards for the practice 13 of plumbing engineering in the Philippines and cause these to be published and disseminated; (k) Investigate, hear and try administrative cases involving violations of this 16 Act, its implementing rules and regulations, the sets of ethical and technical standards 17 and, for the purpose, issue subpoena ad testificandum and subpoena duces tecum to 18 secure the appearances of witnesses and the production of documents in connection 19 therewith; (l) Submit an annual report on the action on all applications for licensure; the names of all persons licensed or certified; actions involving suspension, revocation, or denial of license; recommendations for reciprocity; receipt and disbursement of any monies; and other matters that may be required by law from the PRC after the close 24 of each fiscal year; (m) Ensure, in coordination with the Commission on Higher Education (CHED) and the Technical Education and Skills Development Authority (TESDA), that all educational institutions offering plumbing engineering program comply with the policies, standards and requirements of the course prescribed by the CHBD in the areas of curriculum, faculty, library and facilities; (n) Coordinate with the PRC, CHED, and TESDA in prescribing amending and 31 revising the curriculum of the related course;

(o) Prescribe guidelines and criteria for the Continuing Professional Development (CPD) program for plumbing engineers as a condition for the renewal of their professional licenses; and (p) Perform such other functions and duties as may be necessary for the effective implementation of this Act.

Sec. 8. Compensation and Allowances. - The Chairperson and members of the

Board shall receive compensation and allowances comparable with the compensation and allowances being received by the Chairpersons and members of existing regulatory boards in the PRC and as may be provided for in the General Appropriations 10 Act.

Sec. 9. Supervision of the Board, Custodian of its Records, Secretariat and

12 Support. - The Board shall be under the administrative supervision of the PRC. All records of the Board, including the application for examination, examination papers and results, minutes of deliberation, administrative cases, and other investigations involving plumbing engineers shall be kept by the PRC. The PRC shall designate the Secretary of the Board and shall provide the 17 secretariat with the necessary support services to implement the provisions of this Act.

Sec. 10. Removal of a Member of the Board. - The President may remove any

member of the Board, upon the recommendation of the PRC, on the following grounds: (a) Neglect of duty or incompetence; (b) Violation or tolerance of the violation of this Act or the Code of Ethics or 23 Technical Standards for Plumbing Engineers; and (c) Final judgment of a crime involving moral turpitude. Members shall be given due notice and hearing where the right to be heard and to defend themselves, assisted by a counsel, shall be respected in a proper administrative investigation the PRC shall conduct.

Sec. 11. Annual Report. - The Board shall, at the close of each calendar year,

submit an annual report to the President of the Philippines and the Congress through the PRC, giving detailed account of its recommendation for the adoption of measures

that will upgrade and improve the conditions affecting the practice of plumbing 2 engineering in the Philippines.

Sec. 12. Requirement of Licensure Examination. - All applicants for registration

4 as plumbing engineers shall be required to undergo and pass a written examination 5 as hereinafter provided.

Sec. 13. Qualifications of Applicants for Plumbing Engineering Licensure. - The

7 applicant for the plumbing engineering examination shall, on the day of the examination, possess the following qualifications: (a) Be at least twenty-one (21) years of age; (b) Be a citizen of the Philippines or of a foreign country that upholds the reciprocal practice of plumbing engineering therein by Philippine nationals; (c) Be of good moral character; and (d) Be a holder of a Bachelor of Science degree in Plumbing Engineering.

Sec. 14. Scope of Examination. - The applicant for registration as plumbing

engineer shall be examined in the following subjects: (a) General Engineering and Mathematics 20% (b) Plumbing Code 20% (c) Plumbing Design 40% (d) Practical Problems and Installation 20% 100% The subjects and their syllabi may be amended by the Board to conform to technological changes brought about by the continuing trends in the profession.

Sec. 15. Grounds for Suspension or Revocation of License. - The Board may

suspend or revoke a Certificate of Registration obtained through misrepresentation in the application for examination. The Board shall have the power, upon proper notice and hearing, to revoke or suspend any Certificate of Registration of any registrant who: (a) Has been convicted of a crime involving moral turpitude; (b) Has been found guilty of dishonorable conduct;

(c) Has been found of being unsound mind; (d) Has been found guilty of gross negligence or incompetence, or unprofessional or dishonorable conduct; and (e) Has been found guilty of any violation of this Act, the rules and regulations 5 and other policies of the Board, and the Code of Professional Ethics. The decision of the Board may be appealed to the Chairperson of the PRC, whose decision shall be final. Any person, firm, association, or corporation may file charges against a certified licensed plumbing engineer in accordance with the provisions of this section in writing, sworn to, and filed with the Secretary of the Board. The Board may investigate or take cognizance of acts and practices constituting cause for the suspension or revocation 12 of the Certificate of Registration by proper resolution or order.

Sec. 16. Examination Fees. - Every applicant admitted to take the plumbing

14 engineering examinations shall pay such fees as may be prescribed by the PRC.

Sec. 17. Schedule of Examination. - Examinations for candidates for plumbing

engineering shall be given by the Board twice a year in Metro Manila, and in such other places as may be deemed appropriate by the Board. The dates of the examinations shall be fixed by the Board.

Sec. 18. Admission to Examination. - The Board, with the approval of the PRC, shall

promulgate such rules and regulations as may be necessary to implement or carry out the provisions of this Act, especially those relating to the scope of examinations for plumbing 22 engineering, proper conduct of the examinations, custody and correction of examination papers, and registration of plumbing engineers. The Board shall have control and jurisdiction over examination papers, from the preparation, printing and distribution to examinees, during the review of test scores up to the time the list of successful examinees is released for publication in newspapers of general circulation in the country.

Sec. 19. Rating in the Board Examination. - To pass the board examination for

Plumbing Engineers, an examinee must obtain a weighted general average of seventy percent (70%), with no grade lower than fifty percent (50%).

Sec. 20. Re-examination. - An applicant who fails to pass the examination for the third

time shall be allowed to take another examination only after the lapse of one (1) year.

Sec. 21. Report of Ratings. - The Board shall submit to the PRC the ratings obtained

4 by each examinee, not later than the twentieth (20th) day after the examination, unless 5 extended for a just cause. Upon the release of the results of the examination, the Board shall 6 send by mail the rating received by each examinee at the latter's given address, using the self-addressed mailing envelope submitted during the examination.

Sec. 22. Oath. - All successful plumbing engineering examinees and all those who

have qualified for registration without examination shall be required to take the Oath of Profession before the Board or any person authorized by the PRC to administer oaths before the examinee can be registered and issued a Certificate of Registration and professional identification card. The oath taking shall be a prerequisite to the practice of the profession as a Plumbing Engineer.

Sec. 23. Issuance Of Certificates of Registration and Professional License. - The

effectivity of the registration of plumbing engineers commences on the date the registrant's name is entered in the roll of registrants or licenses for the profession. Every registrant who has satisfactorily met all the requirements specified in this Act, upon payment of the registration fee, shall be issued a Certificate of Registration as a Plumbing Engineer. The Certificate of Registration shall show the full name of the registrant and a serial number, signed by the Chairperson and members of the Board, and stamped with the officia seal, evidencing that the person named therein is entitled to practice the profession with all the rights and privileges appurtenant thereto. The Certificate of Registration shall remain in full force and effect until withdrawn, suspended, or revoked. A professional license signed by the Chairperson and bearing the registration number, the date of issuance and the month of expiry or renewability shall likewise be issued to every registrant who has paid the registration fees for three (3) consecutive years and has complied with the requirements of the CPD, unless exempted therefrom. This license shall serve as evidence that the licensee can lawfully practice the profession until the expiration of its validity.

Sec. 24. Seal of Plumbing Engineer. - All licensed plumbing engineers may obtain a

personal seal of a design prescribed by the Board bearing the registrant's name, the certificate number and the legend "Plumbing Engineer". Plans, specifications, reports, and other professional documents prepared by or executed under the immediate supervision of and

1 issued by a licensee shall be stamped on every sheet with the seal when filed with government 2 authorities or when submitted or used professionally. It shall be unlawful for anyone to use the seal on any document when the registrant's name has been delisted from the roster of plumbing engineers, or after the validity of the 5 professional license has expired. The seal or stamp can be used again only after the registrant 6 is reinstated to the practice of the profession and reissued a new professional license.

Sec. 25. Refusal to Issue Certificates. - The Board shall not issue a Certificate of

Registration to any person convicted by the court of any criminal offense involving moral turpitude, or to any person guilty of immoral or dishonorable conduct, or to any person of unsound mind. In the event of refusal to issue certificates for any reason, the Board shall give the applicant a written statement setting forth the reasons for such action, which statement shall be incorporated in the records of the Board.

Sec. 26. Reissue of Revoked Certificates and Replacement of Lost Certificates. - A

person may apply to the Board for reinstatement of a license or certificate at any time after one (1) year from the date of revocation of the license or certificate.

Sec. 27. Exemption from Examination and Registration. - Registration shall not be

required from any of the following persons: (a) Foreign plumbing engineers employed as technical consultants by the Philippine government or by private firms, subject to the following conditions: (1) That no qualified Filipino is available for the work or undertaking that the foreign professional is being hired or commissioned for, as certified by the Accredited Integrated Professional Organization of Plumbing Engineers; (2) That the foreign professional concerned is legally qualified to practice their profession in his or her country in which the requirements and qualifications for obtaining a license or certificate of registration are not lower than those specified in this Act; (3) That the scope of work to be performed by foreign professional concerned shall be limited only to the particular work for which he or she was contracted; (4) That prior commencing to work, the foreign professional concerned shall secure a special permit to practice plumbing engineering in the Philippines;

(5) That foreign professional shall not engage in private practice on their own account: (6) That for every foreign professional contracted pursuant to this section, a duly registered Filipino plumbing engineer shall be employed by the government agency or private firm concerned: Provided, That the Filipino plumbing engineer concerned shall remain employed for at least the duration of the contract of the foreign professional; and (7) That the exemption herein granted shall be valid for six (6) months, renewable for another six (6) months subject to the approval of the Board: Provided, That in the event that the original employment or service contract involving a foreign professional has been completed or terminated, the foreign professional concerned and his or her new contracting government agency or private firm shall likewise satisfy the conditions and requirements as stipulated under this Act; (b) Foreign plumbing engineers who have distinguished themselves in their respective fields of specification, contracted on a direct hire or exchange basis as professors or lecturers for plumbing engineering subjects by higher education institutions duly- recognized by CHED, subject to verification of credentials by the Board; or (c) Engineering students, apprentices and other persons employed or acting as subordinates of, or undergoing training under persons holding a valid certificate of registration and license under this Act.

Sec. 28. Practice of Plumbing Engineering. - Except as may be provided in this Act, no

person shall use the title "Registered Plumbing Engineer", or display or use any title, sign, card, advertisement, or other device to indicate such person practices or offers to practice 25 plumbing engineering unless the person shall have received from the Board a Certificate of 26 Registration and issued a professional identification card by the PRC and the Board. The activities enumerated in section 3 describing the coverage of the practice 28 of plumbing engineering shall not be construed as excluding any other work requiring plumbing engineering knowledge and application. No firm, partnership, corporation or association may be licensed and registered as such for the practice of plumbing engineering, but duly licensed and registered plumbing 32 engineers may form partnerships among themselves or with other licensed and registered

engineers and architects and use the title "Plumbing Engineers", "Engineers", or "Engineers and Architects" in their partnership names.

Sec. 29. Prohibited Acts. - The following acts shall be prohibited:

(a) Practice or offer to practice plumbing engineering in the Philippines without having previously obtained a Certificate of Registration and a professional license from the Professional Regulatory Board of Plumbing Engineers; (b) Use or attempt to use the Certificate of Registration, professional license or seal of another; (c) Submission of fraudulent evidence of any kind to the Board or to any member thereof to obtain a Certificate of Registration and professional license; (d) Fraudulent impersonation of any registered plumbing engineer; (e) Attempt to use a revoked or suspended Certificate of Registration or an expired professional license; (f) Use, in connection with the person's name, or otherwise assume or advertise any title or description tending to convey the impression that such person is a plumbing engineer or master plumber without holding a valid Certificate or a valid license; and (g) Sign a document involving plumbing design, plan, technical specification, valuation, and the like on behalf of a plumbing engineer.

Sec. 30. Database of Plumbing Engineers. - The PRC shall keep and regularly update

a database of all the licensed and registered plumbing engineers. The database shall include their names, registration numbers, and places of business.

Sec. 31. Foreign Reciprocity. - No foreign engineer shall be admitted to take the board

examination, be given a Certificate of Registration, or be entitled to any of the rights and privileges under this Act unless the country of which the person is a subject or citizen specifically permits Filipino engineers to practice within its territorial limits on the same basis as the subjects or citizens of that country.

Sec. 32. License Number and Privilege Tax Receipt. - The plumbing engineer shall be

28 required to indicate the Certificate of Registration, the professional identification card number, 29 the date of issuance, and the duration of validity, including the Privilege Tax Receipt (PTR) on

the documents the plumbing engineer signs, uses, or issues in connection with the practice 2 of the profession.

Sec. 33. Integration of the Plumbing Professional Organizations. - The plumbing

4 professional organizations shall be integrated into one (1) national organization which shall be recognized by the Board as the one and only integrated and accredited association of plumbing engineers. A plumbing engineer, upon registration with the Board as such, shall ipso facto become a member of the integrated national organization. Those who have been registered with the Board but are not members of the said organization at the time of the effectivity of this Act shall be allowed to register as members of the said integrated organization within three (3) years after the effectivity of this Act. Membership in the integrated organization shall not be a bar to membership in other associations of the 12 engineering profession.

Sec. 34. Continuing Professional Development (CPD). - The CPD guidelines shall be

14 prescribed and promulgated by the Board subject to the approval of the PRC, after consultation with the integrated and accredited plumbing engineering associations, other associations of the plumbing engineering profession, and other concerned sectors. The Board shall incorporate in the said guidelines the creation of a CPD council that shall be composed of officers coming from the Board, the PRC, the APO, and other concerned sectors. It shall be vested with the functions, duties and responsibilities to implement the guidelines and shall have the juridical personality that is distinct and separate from and independent of the Board, the PRC and the APO.

Sec. 35. Penalties. - In addition to the administrative sanctions, a person found to

have violated any of the provisions of this Act shall, upon conviction, be penalized by a fine of not less than fifty thousand pesos (Php 50,000.00) nor more than two hundred thousand pesos (Php 200,000.00) or imprisonment of not more than six (6) years, or both, at the discretion of the court. If the offender is a corporation, partnership, or juridical person, the penalty shall be imposed on the officers responsible for permitting or causing a violation of the provision/s of this Act.

Sec. 36. Enforcement. - The Board shall be assisted by the PRC in carrying out the

provisions of this Act and its implementing rules and regulations and other policies. The lawyers of the PRC shall act as prosecutors against illegal practitioners and other violators of this Act and its rules. The duly constituted authorities of the government shall likewise assist the Board and the PRC in enforcing the provisions of this Act and its rules.

Sec. 37. Implementing Rules and Regulations. - Within sixty (60) calendar days after

the effectivity of this Act, the PRC shall formulate the implementing rules and regulations necessary to carry out the provisions of this Act.

Sec. 38. Repealing Clause. - All laws, decrees, orders, rules and regulations or other

issuances or parts thereof inconsistent with the provisions of this Act are hereby repealed or modified accordingly.

Sec. 39. Separability Clause. - If any portion or provision of this Act is declared

unconstitutional, the remainder of this Act or any provision not affected thereby shall remain in force and effect.

Sec. 40. Effectivity. - This Act shall take effect after fifteen (15) days following the

completion of its publication either in the Official Gazette or in a newspaper of general 12 circulation in the Philippines. Approved,