Friday, November 6, 2009

ME LAWS: REPUBLIC ACT 8495 Part 4 (Article IV)






ARTICLE IV
PRACTICE OF THE PROFESSION
Section 33. Field of Action Authorized for Each Category: Prohibition. – It shall be unlawful for any person, unless authorized under this Act:







(a) to be in responsible charge of the preparation of plans, designs, investigations, valuation, technical reports, specifications, project studies or estimates or to be in performance of other professional mechanical engineering activities unless he is a duly licensed Professional Mechanical Engineer.

(b) to teach professional subjects in mechanical engineering course unless he is a duly licensed Professional Mechanical Engineer, or a Master's degree, or Doctorate degree holder in mechanical engineering.

(c) to be in responsible charge of the construction, erection, installation, alteration, or of the performance of a mechanical engineering service in connection with the manufacture, sale, supply or distribution of any mechanical works, project or plant either for himself or for other, unless he is a duly registered Professional Mechanical Engineer or Mechanical Engineer.

(d) to operate, tend or maintain, or be in-charge of the operation, tending, or maintenance of any mechanical works, projects, plant of 100 kw., or more but not more than 300 kw unless he is a duly licensed Professional Mechanical Engineer, Mechanical Engineer or Certified Plant Mechanic.

(e) to operate, tend, or maintain, or be in-charge of the operation, tending, or maintenance of any mechanical equipment, machinery or process for any mechanical works, projects or plants of 300 kilowatts or above but not more than 2000 kw unless he is a duly licensed Professional Mechanical Engineer or Mechanical Engineer.

(f) to operate, tend or maintain, or to be in charge of the operation, tending or maintenance of any mechanical equipment, machinery process for any mechanical works, projects or plants of over 2000 kw unless he is a duly licensed Professional Mechanical Engineer.






Section 34. Personnel Required in Mechanical Plant. – Every mechanical work project or plant in operation shall have not less than the following complement of resident licensed professional mechanical engineer, mechanical engineer or certified plant mechanic:















(a) 100 kw or over but not more than 300 kw: one (1) certified plant mechanic, or more mechanical engineer or one (1) professional mechanic engineer: Provided, That every mechanical work, project, or plant in this category operating in more than one shift every twenty-four hours, shall have in addition to the minimum personnel herein required, one (1) certified plant mechanical, or one (1) mechanical engineer, or one (1) professional mechanical engineer in-charge of each and every additional shift.

(b) 300 kw or over, but not more than 2000 kw: one (1) mechanical engineer or one (1) professional mechanical engineer or one (1) professional mechanical engineer: Provided, That every mechanical work, project, or plant in this category operating in more than one shift every twenty-four (24) hours shall have, in addition to the minimum personnel herein required at least one (1) mechanical engineer, or one (1) professional mechanical engineer in-charge of each and every additional shift.

(c) Over 2000 kw: one (1) professional mechanical engineer: Provided, That every mechanical work, project or plant in this category operating in more than one shift every twenty-four (24) hours shall have, in addition to the minimum personnel herein required at least one (1) professional mechanical engineer in-charge of each and every additional shift.








Section 35. Preparation of Plans and Supervision of Construction by Licensed Engineers Required. – It shall be unlawful for any person to order or otherwise cause the fabrication, construction, erection, installation or alteration of any mechanical equipment, machinery or process for any mechanical works, projects, or plants, unless the designs, plans, layouts or specifications have been prepared by or under the responsible charge of, and duly signed and sealed by a Professional Mechanical Engineer.

Likewise, proposals and quotations for the supply and fabrication of mechanical equipment, works, projects, plants, mechanical pollution abatement systems, mechanical fire protection systems, pressurized pipes with a working pressure of not less than 70 kpa., shall be duly signed and sealed by a Professional Mechanical Engineer.


Section 36. Practice Not Allowed for Firms and Corporations. – The practice of mechanical engineering is a professional service, admission to which shall be determined upon the basis of an individual's personal qualifications.

No firm, company partnership, association or corporation may be registered or licensed as such for the practice of mechanical engineering: Provided, however, That persons properly registered and licensed as mechanical engineers may form and obtain registration with Security and Exchange Commission of a firm, partnership or association using the term "Mechanical Engineers", and or "Architect and Mechanical Engineers" but nobody shall be a member, partner or associate unless he is a duly registered and licensed mechanical engineer, and the members who are mechanical engineers shall only render work and services proper for mechanical engineers as defined in this Act.


Section 37. Posting of Certificates. – The owner, manager, or other person in-charge of any mechanical works, projects, or plants of one hundred (100) kw or more, of a firm, co-partnership, corporation or joint-stock association, shall post or cause to be posted in a conspicuous place within such plant of business, the original certificate of registration of the engineer or engineers and of the certified plant mechanic/s employed in such plant, in a frame protected by transparent glass or its equivalent.


Section 38. Roster of Engineers and Mechanics. – A roster showing the names and place of business of all registered professional mechanical engineers, mechanical engineers and certified plant mechanics, shall be prepared by the commission which shall be made available to any interested parties upon formal written request.


Section 39. Foreign Reciprocity. – No foreign mechanical engineer or mechanic shall be allowed to practice mechanical engineering or be given a certificate of registration or be entitled to any of the privileges under this Act unless he can prove in the manner provided by the rules of Court or by specific provisions of law or regulations, that the country of which he is a subject or citizen in the spirit of reciprocity, permits Filipino mechanical engineers and/or mechanics to practice within its territorial limits on the same basis as the subject or citizens of such country or state.



Section 40. Enforcement of the Act by the Officers of the Law. – The Professional Regulation Commission shall be the enforcement agency of the Board. As such, the Commission shall implement the concerned provisions of this Act, enforce its implementing rules and regulations as adopted by the Board, conduct investigations on complaints including violations of the Code of Conduct of the profession and prosecute when so warranted.

It shall be the duty of all duly constituted authorities through the officers of the law of the national government, or any provincial, city, or municipal government or any political subdivision thereof, to enforce the provisions of this act and to prosecute any person violating the same.


Section 41. Qualification Requirements. – In a government or private institution where a position requires a master's degree holder, a holder of professional mechanical engineer license shall be eligible for the position. Likewise, where a position requires a professional mechanical engineer's license, a holder of a master's or doctorate degree in mechanical engineering, with a registered mechanical engineer's license shall be considered for the position.

1 comment:

  1. Many who become mechanical engineers find that they have taken the relevant background courses in high school or college. Subjects including physics, science and math go hand in hand with many the engineering course requirements and future company requirements. In its basic form, mechanical engineering is a discipline of mechanics, as presented in math and physics. Therefore, taking these subjects at higher levels prior to college can be very useful in your career pursuit. Schools offering mechanical engineering course in philippines

    ReplyDelete