(a) Any person who, without due authorization from the pertinent agency or through gross negligence, alters the construction of a work in such a manner that it varies from the plans or documents, or the project, as it was professionally certified pursuant to the provisions of this chapter, shall be guilty of a misdemeanor, and upon conviction, a penalty of imprisonment of not less than one (1) month, or more than six (6) months, or a fine of not less than six hundred dollars ($600), or more than one thousand dollars ($1,000), or both penalties, shall be imposed at the discretion of the court.
(b) If, as a result of the conduct stated in § 73h of this title or subsection (a) of this section, slight physical injury occurs, the person causing it shall be guilty of a misdemeanor, and upon conviction, a penalty of imprisonment of not less than one (1) month, or more than six (6) months, or a fine of not less than five thousand dollars ($5,000), or more than ten thousand dollars ($10,000), or both penalties, shall be imposed at the discretion of the court.
(c) If, as a result of the conduct stated in § 73h of this title or subsection (a) of this section, grave physical injury or the death of a human being occurs, the person causing them shall be guilty of a felony and upon conviction, a penalty of imprisonment of not less than one (1) year, or more than five (5) years, or a fine of not less than five thousand dollars ($5,000), or more than twenty-five thousand dollars ($25,000), or both penalties, shall be imposed at the discretion of the court.
(d) The provisions of §§ 73–73 l of this title do not limit the provisions of the acts that regulate the architectural or engineering professions, as well as those of any trade, with regard to disciplinary action for violations thereof, regardless of any criminal action prosecuted under §§ 73–73 l of this title. The court shall notify the Engineers and Surveyors Association of Puerto Rico, the Architects Association, the Examining Boards of Engineers, Architects, Surveyors and Landscape Architects, or any administrative entity concerned, of any sentence handed down for violations of §§ 73—73 l of this title.
(e) The contractor or constructor of the works shall be obliged to carry out alterations and reconstructions, or restore its design in conformity with the certified plans approved as required by the government bodies of the Commonwealth of Puerto Rico concerned, to correct construction defects or flaws, or deviations from the design established in the approved certified plans which may have been constructed in violation of the authorization granted, and the applicable regulations.
History —July 19, 1985, No. 7, p. 625, § 10.