P.R. Laws tit. 23, § 42h
(a) Every natural or juridical person who willfully alters the construction of a work in such a way that varies the blueprints or project as it was certified by the engineer or architect, pursuant to the provisions of §§ 42a—42i of this title, and that by doing so adversely affects the structural stability of the work, or the health or public safety, shall be guilty of a felony, and upon conviction thereof, shall be sanctioned with a penalty of not less than six (6) months of imprisonment nor more than one (1) year, or a fine of not less than five thousand dollars ($5,000), or both penalties, at the discretion of the court.
(b) If as a result of the conduct set forth in § 42g of this title, or in subsection (a) of this section, the death of a human being occurs, the originator shall be guilty of a felony and upon conviction punished by imprisonment for a term of not less than one (1) nor more than five (5) years.
(c) Sections 42a—42i of this title do not limit the provisions of the laws which regulate the professions of engineer or architect, or any trade, as to disciplinary action for violations thereof, independently of any criminal action brought hereunder. The court shall notify any sentence imposed for violations of §§ 42a—42i of this title to the College of Engineers, Architects and Surveyors of Puerto Rico, the Board of Examiners of Engineers, or any administrative entity concerned.
(d) Nothing that is provided in §§ 42a—42i of this title shall be construed as to repeal, alter or modify the provisions of the Civil Code of Puerto Rico and of §§ 501—519 of Title 17 regarding the civil liability of the person who designs or of the builder. Should a juridical person alter the construction of the work in such a way as to vary the blueprints or the project as it was certified and said variation is in detriment and not in benefit of the work, the natural persons that were responsible for the alteration may not resort to the defense that they are exempted from liability for the limitation established in the laws for stockholders, directors and partners of corporations and partnerships, respectively.
(e) The contractor or builder of a work shall be bound to make alterations and reconstructions, or to return to its design pursuant to the certified plans as required of him by the governmental organizations of the Government of the Commonwealth of Puerto Rico concerned, to correct such construction blemishes or defects, or deviations from the design appearing in the certified plans, as may have been committed in violation of the permit granted and of the applicable regulations.
History —June 15, 1967, No. 135, p. 437, § 8; June 27, 1968, No. 144, p. 416, § 1; Oct. 26, 1973, No. 5, p. 861, § 3; Oct. 6, 1975, No. 1, p. 707, § 10; Jan. 1, 2003, No. 4, § 1.