Print Page   |   Contact Us   |   Report Abuse   |   Sign In   |   Register
Boses ng PSME
Blog Home All Blogs
Search all posts for:   

 

View all (1) posts »
 

“Resolution contesting the Proposed Bill to create an Act Regulating the Practice of Plumbing Engineering in the Philippines.”

Posted By Administration, Thursday, November 23, 2017

RESOLUTION NO. 2011-03-001

“Resolution contesting the Proposed Bill to create an Act Regulating the Practice of Plumbing Engineering in the Philippines.”

WHEREAS, after careful scrutiny and thorough study, the proposed bill to create an act regulating the practice of plumbing engineering in the Philippines is in conflict with the Mechanical Engineering Act of 1998 (RA 8495);

WHEREAS, that sometime in July 2010, the then PRC Chair Nicolas Lapeña asked the Philippine Society
of Mechanical Engineers (PSME) thru the then Board of Mechanical Engineering Chair, Alfredo Po, to make a position paper on the proposed regulation of plumbing engineering in the Philippines, and the PSME reacted promptly by submitting the position paper which is attached herewith;

WHEREAS, it is the intent of this Society to protect the public in terms of safety that this proposed bill is hereby opposed;

NOW, THEREFORE,

The BOARD OF DIRECTORS OF THE PHILIPPINE SOCIETY OF MECHANICAL ENGINEERS In Session during its 3rd Regular Board Meeting, Do hereby resolve, as it is hereby resolved,


That the Position Paper of the Technical Panel of the Philippine Society of Mechanical Engineers done in July 2011 be adapted as Resolution contesting the Senate Bill to create an Act Regulating the Practice of Plumbing Engineering in the Philippines, to wit:

I. That the areas cover in the practice of Mechanical Engineering as stipulated in Republic Act 8495: An Act Regulating the Practice of Mechanical Engineering in the Philippines enacted in 1998, known as the Mechanical Engineering Law, (See Exhibit A) mentioned under Article I, Section 3

Definition of Terms and re-stated including the overlapping areas of practice, to wit:

ARTICLE I SECTION 3. Definition of Terms. —

As used in this Act, the following terms shall mean as follows:
A. Practice of Mechanical Engineering —
A person shall be deemed to be practicing mechanical engineering or rendering mechanical engineering service within the meaning and intent of this Act when he performs the following:
1. Consultation, valuation, investigation and management services requiring mechanical engineering knowledge;

2. Engineering design, preparation of plans, specifications and projects studies or estimates for mechanical equipment, machinery, or processes of any mechanical works, projects or plants;

3. Management or supervision of the erection, installation, alteration, testing and commissioning of mechanical equipment, machinery, or processes in mechanical works, projects or plants;

4. Management, supervision, operation, tending or maintenance of any mechanical equipment, machinery or processes in mechanical work, projects or plants;

5. Management or supervision of the manufacture, sale, supply or distribution of mechanical equipment, parts or components;

6. Teaching of mechanical engineering professional subjects in government recognized and accredited engineering schools; and

B. Employment in government as a professional mechanical engineer, registered mechanical engineer, or certified plant mechanic if the nature and character of his work is in line with his profession, requiring professional knowledge of the science of mechanical engineering.

Mechanical equipment or machinery — includes all prime movers such as steam engines and turbines, internal combustion engines and gas engines and turbines; steam generators such as boiler; furnaces; heat exchanger such as cooling towers, kilns and dryers, coolers and heaters; materials handling equipment, such as pumps, cranes, conveyors, hoists, elevators, escalators, mechanized dumb-waters, moving ramps and walkways; heating, airconditioning, ventilating, and refrigeration equipment and machinery, including compressors and centrifugal fans, mechanical pollution abatement and environmental control system; piping system with a working pressure of not less than 70 kpa (10 psi), fired and unfired pressure vessels, printing machine; mechanical working machines for metallic and non-metallic materials and other mechanical equipment and machinery
whether installed on land, underground, or on board watercraft. 

C. Mechanical processes, works, projects or plants shall include steam plants, geothermal plants, dendro-thermal plants, nuclear plants, ocean thermal energy conservation (OTEC) plants, internal combustion plants, hydraulic plants, pumping plants, compressed gas plants, all kinds of mills, shops, factories, shipyards drydocks, heating, airconditioning, ventilating and refrigeration plants containing any mechanical equipment machinery or process deriving power from steam, fossil fuels, wind, air, gas, water, solar heat, nuclear energy, ocean waves and tides, or other energy sources.

D. Capacity of process works, project or plant-rated capacity in kilowatt of mechanical works,projects or plants for the purpose of this Act shall be the total kilowatt rating of all engines, motors, boilers, turbines, or other prime movers installed for use in such works, projects or plants, whether in operation or not, and without regard to the number of capacities of the mechanical equipment, machinery or processes receiving power from or intended to be driven by such prime movers.”

II. Whereas, it is imperative that we distinguish the practice of mechanical engineering profession as against the practice of trade in plumbing, to wit: The overlapping area of practice is with Republic Act 1378 An Act  Regulating the Trade of Master Plumber enacted in 1955 (Exhibit B) under Section 2 as re-stated below:
“SECTION 2”
(a) The practice of plumbing within the meaning and intent of this Act shall embrace services in the form of consultations, designing, preparation of plans, specifications, estimates, erection, installation and supervision of plumbing work including the inspection and acceptance of materials used therein extension and alteration of all pipings to fixtures, appliances, and appurtenances in connection with any of the following: storm and sanitary
drainage, facilities of buildings, the sanitary venting of fixtures, hot or cold water supply systems within or adjacent to any building, storm drains, sewerage system of any premises and/or connection with any public disposal or any acceptable terminal. The enumeration in this paragraph shall not be construed as excluding any other work requiring plumbing knowledge and application.

III. Whereas, we are pointing the following revised national plumbing code of the Philippines enacted in 2000 by the practice of trade by master plumbers which run in conflict with the aforementioned section of the plumbing law and in direct conflict with the ME Law to wit:

The overlapping area of practice is also shown on the Revised National Plumbing Code of the Philippines 2000 (Exhibit C) in Section 217.12 and the Preface: “217.12 PLUMBING SYSTEM - includes all potable water supply and distribution pipes, all plumbing fixtures and traps; all sanitary and storm drainage systems; vent pipes, roof drains, leaders and downspouts; and all building drains and sewers, including their respective joints and connections; devices, receptacles, and appurtenances within the property; water lines in the premises: potable, tap, hot and chilled water pipings; potable water treating or using equipment; fuel gas piping; water heaters and vents for same.”

IV. Whereas, Republic Act 1378 Section 2 is directly in conflict with Republic Act 8495 Article I Section 3-b as highlighted in the preceding paragraphs, to wit; “piping system with a working pressure of not less than 70 kpa.” 

V. Whereas, The Revised National Plumbing Code Section 217.12 is also under the jurisdiction of Republic Act 8495 Article I Section 3-b which specifically mention potable, tap, hot and chilled water pipings, which are “piping system with working pressure of 70 kpa and above”.

VI. Whereas to use a comparative statute for a profession, the definition of Mechanical Engineering by the State of California 2010 Professional Act (Exhibit D) as defined and stated below includes the practice of “plumbing”: “6731.6. Mechanical engineering defined Mechanical engineering is that branch of professional engineering described in Section 6734.2 that deals with engineering problems relating to generation, transmission, and utilization of energy in the thermal or mechanical form and also with engineering problems
relating to the production of tools, machinery, and their products, and to heating, ventilation, refrigeration, and plumbing. It is concerned with the research, design, production, operational, organizational, and economic aspects of the above.”

VII. Whereas to further use a comparative statute for practice of trade, the definition of Master Plumber by the State of Minnesota 2007 (Exhibit E) Statutes as defined and stated below, to wit: “Subd. 8. Master plumber. A "master plumber" is an individual who is skilled in the planning, superintending, and the practical installation of plumbing, who is otherwise lawfully qualified to contract for plumbing and installations and to conduct the business of plumbing and who is familiar with the laws and rules governing the same.”

VIII.Whereas, the Republic of the Philippines, the State of California and the State of Minnesota use the Uniform Plumbing Code as common Standard for the Practice of Plumbing.

IX. Whereas, from the above statements, the practice of a profession is clearly defined as against the practice of trade.

X. Whereas, all professions have baccalaureate degrees of a minimum four year course as against the practice of trade which only require a skill test.

XI. Whereas, the qualifications of a master plumber is lessthan the minimum four year course under the supervision of the Professional Regulation Commission.

XII. Whereas, Article 5 Section 46 of RA 8495 to wit: Repealing Clause.-Commonwealth Act No. 294, as amended by Republic Act No. 5336, is hereby repealed and all other laws, parts of law, others, ordinances, or regulations relative to the practice of mechanical engineering which are inconsistent with the provisions of this Act are hereby repealed or modified accordingly. Now therefore, in compliance with RA 8495 Section 2 that: Statement of Policy - The State recognizes the importance of mechanical engineers in nation- building and development. Their talents through sustainable human development shall be promoted. Thus, the State shall develop and nurture competent, virtuous, productive and well-rounded mechanical engineers whose standard of
professional practice and service shall be excellent, qualitative, world-class and globally competitive through regulatory measures, programs and activities. 

We propose that Mechanical Engineers be the main practitioner of Plumbing and that the Master Plumber limits its trade to piping system with a working pressure of less than 70 kpa.

Done this 5th day of March 2011 at Cebu City, Philippines.

Approved Unanimously by:

The BOARD OF DIRECTORS of the PHILIPPINE SOCIETY OF MECHANICAL ENGINEERS

Certified True and Correct:

JAIME T. LOPEZ, III
National Secretary


Attested:

LIBERATO S. VIRATA
National President

 Attached Files:

This post has not been tagged.

Permalink | Comments (0)