By William J. Frey Law 173 was approved August 12, 1988 to regulate the
professions of engineering, architecture, and surveying. Its purpose is described as follows:
"A los fines de proteger la vida, la salud y la propiedad, y para fomentar el bienestar publico
general, toda personal que ejerza u ofrezca ejercer la profesion de ingeniero, arquitecto o agrimensor en Puerto Rico, en el sector publico o en la empresa privada, estara obligada a presentar evidencia acreditativa de
que esta autorizada de conformidad a esta ley para ejercer como ingeniero, arquitecto o agrimensor en Puerto Rico, que figura inscrita un registro oficial de la Junta, y que es miembro activo del Colegio de Ingenieros Y
Agrimensores de Puerto Rico, o del Colegio de Arquitectos de Puerto Rico, segun fuere el caso." (Articulo 2)
The law then goes on to describe what is required for one to practice engineering
in Puerto Rico. To be a licensed engineer, one must…
1. have graduated from an accredited four year program in engineering and...
2. have passed a written examination covering
engineering fundamentals called the "revalida" offered once a year by the Examining Board for Engineering, Architecture, and Surveying, and…
3. be an active member of the Colegio de Ingenieros y
Agrimensores de Puerto Rico.
An article printed in the San Juan Star (Oct. 17, 1994) and written by Michael Marrero makes the case that clients should seek only the service of licensed professional
engineers if they wish to enjoy products and services that are safely and competently designed. The article makes the following points:
1. The Colegio de Ingenieros y Agrimensores de Puerto Rico is
"responsible for overseeing the legal and ethical practices of architecture, engineering, and land surveying." This responsibility is created by law 173.
2. "Only licensed professionals who are
members of the…CIAPR can be held liable if there's a problem due to a faulty design…."
3. "The Commonwealth of Puerto Rico requires that all construction projects be properly designed by registered
architects and engineers in conformance to codes."
Many engineering students reason that being a licensed engineer is a double-edged sword. On the one hand, one is legally recognized to practice engineering in
Puerto Rico, and this brings with it prestige and substantial financial benefits. On the other hand, being a licensed engineer brings with it certain responsibilities: one must conform to codes, one must perform
at the level of competence expected of a trained and professional engineer, and if one doesn't then one can be sued. Consequently, some have argued, if it is feasible to practice engineering without a license then
it is not a bad idea to do so.
Individuals in Puerto Rico have gotten around the licensing requirement by means of two illegal but common practices: firmoneria and corporate engineers.
Firmoneria: Each licensed engineer has his or her own seal that includes name, profession, series number, date of expiration, and the inscription, "Puerto Rico". (Articulo 13). To
use one's own stamp to approve the work of another is illegal:
(e) Firmar o estampar con su sello cualquier plano, dibujo, especificaciones, estudios, mediciones o cualquier otro instrumento de servicio
profesional que no haya sido preparado por el o bajo su inmediata y responsable supervision, o en los cuales aparescan bajo el titulo de ingeniero, arquitecto o agrimensor, los nombres de personas que no estan
debidamente autorizados para ejercer estas profesiones en Puerto Rico. (Articulo 16-e)
The code of ethics of the Colegio de Ingenieros y Agrimensores de Puerto Rico says the following about firmoneria:
No aprobarán, timbrarán, estamparán o certificarán, según corresponda, autorizarán la presentación de planos, especificaciones, cálculos, dictámentos, memoralies o informes que no hayan sido elaborados
por ellos o bajo su responsabiidad directa.
Fimoneria is illegal, since an engineer fixes her seal to work that is done by another that has not been immediately and responsibly supervised.
Corporate Engineers:
This attempt to work around the license requirement is a variation on the theme presented by firmoneria; the corporation is itself recognized as a licensed engineer which places its seal upon the work of its employees whom, purportedly, it has properly supervised. But the Puerto Rico Supreme Court in the case of CIAPR vs. The Authoridad de Acueductos y Alcantarillados and Metcalf & Eddy ruled that this is not allowable under law 173. Underlying this ruling is the idea that corporations are not natural persons and cannot therefore perform engineering functions. The locus of responsibility in civil law cases is and must remain natural individuals.
Questions:
1. Should one work to get a license to practice engineering in Puerto Rico if this makes one more vulnerable to law suits?
2. Some have argued that the CIAPR,
like many professional societies, really exists only to promote the self-interest of its membership. The claim that it works to regulate engineering practice for the public good is merely window dressing.
Respond to this claim.
3. Is the practice of firmoneria morally wrong in all situations? Under what situations is it wrong? Why? Under what situations would it be helpful, if, indeed,
you recognize this possibility?
4. What should be the purposes of the CIAPR? Should it only be concerned with disciplining engineers who violate professional and legal standards? What other
ways could the society help improve engineering practice?
