P.R. Laws tit. 23, § 9027
(a) Any person who violates any of the provisions of this chapter, any regulation adopted, permit or denied permit or recommendation, whether granted or denied under this or any other applicable law, shall be guilty of a fourth-degree felony, and upon conviction, he/she shall be punished by imprisonment for a term not exceeding one hundred and eighty (180) days, or a fine which shall not exceed ten thousand dollars ($10,000), or both penalties, at the discretion of the court. In the event of recidivism, he/she shall incur a third-degree felony, in addition to any other penalty. This penalty shall be extended to those persons who paralyze, obstruct, invade or interrupt without legal authority any construction activities works, or uses authorized by virtue of this chapter.
(b) Any person who violates a closing order or resolution issued by the Office of the Chief Permit Inspector, shall be guilty of a fourth degree felony and, upon conviction, he/she shall be punished by imprisonment not exceeding one hundred and eighty days (180) or a fine which shall not exceed ten thousand dollars ($10,000) for each day in which the infraction of this chapter or regulations is maintained; or both penalties, in the discretion of the court.
(c) Any person who, during the process of applying for a permit, whether intentionally or by gross negligence with the purpose of obtaining the issue of a final determination, a recommendation or approval of the construction works: (a) furnishes false information or facts; (b) or the design of the works does not adjust to the act and regulations; (c) or states facts or dimensions that are not true or correct; (d) or withholds information when submitting a certification, shall incur a fourth-degree felony and, upon conviction, shall be punished by imprisonment for a term of not less than six (6) months and one (1) day nor more than three (3) years or a fine not exceeding ten thousand dollars ($10,000) for each infraction of this chapter, or both penalties, in the discretion of the court. Furthermore, the court shall establish the period for which the person shall be barred from submitting plans or documents for the purposes of this chapter, which period shall not be less than six (6) months nor more than five (5) years. If the person were to be convicted a second time for the offense herein established, or if his/her first offense shall cause damages to the life or property of others, he/she shall be permanently barred from submitting plans or documents for the purposes of this chapter. The court shall also impose the penalty of license suspension or revocation in the event of recidivism, without being it understood as a limitation for the professional association of which the sanctioned professional is a member to act regardless of the outcome or ruling of such court.
(d) Any person who, without the due authorization of the Management Office or by gross negligence, alters the construction of a work in such a way that the plans or documents or the project as approved pursuant to the provisions of this chapter, varies, shall incur a fourth-degree felony and, upon conviction, shall be punished by imprisonment for a term of not less than six (6) months and one (1) day nor more than three (3) years and/or a fine not exceeding twenty thousand dollars ($20,000) for each infraction, for each day that the infraction persists, or both penalties, in the discretion of the court.
(e) If as a consequence of the conduct stated in subsections (c) and (d) of this section, an injury occurs requiring medical assistance, specialized professional assistance or outpatient treatment, the person who caused such injury shall incur a fourth-degree felony and, upon conviction, punishment by imprisonment shall be imposed for a minimum fixed term of one (1) year and a maximum of five (5) years and/or a fine of not less than fifty thousand dollars ($50,000), plus an equal sum to compensate the injured persons individually, without prejudice to the parties to claim additional compensation in the corresponding forums. If the person were to be convicted more than once for the offense set forth herein, he/she shall be permanently barred from submitting applications and documents for the purposes of this chapter and the court shall impose the revocation of the license, regardless of the decision that the professional association of which he/she is a member may make.
(f) If as a natural consequence of the conduct stated in subsections (c) and (d) of this section, an injury occurs requiring hospitalization or causing a permanent damage, the person who caused such injury shall incur a third-degree felony and, upon conviction, punishment by imprisonment shall be imposed for a term of not less than three (3) years and a fine of not less than one hundred thousand dollars ($100,000), and the person shall be permanently barred from submitting applications and documents for the purposes of this chapter. If, on the contrary, as a natural consequence of the conduct stated in subsections (c) and (d) of this section, by means of gross negligence a human being dies, the person who caused the death shall incur a fourth-degree felony and, upon conviction, shall be punished by imprisonment for a term of not less than five (5) years nor more than eight (8) years or a fine which shall not exceed one hundred thousand dollars ($100,000) for each infraction, or both penalties, in the discretion of the court. The court shall also impose a penalty of license revocation for any situation under this subsection.
(g) The contractor or builder of a construction work shall be bound to perform alterations and reconstructions or revert to his/her design pursuant to the approved plans so as to correct the construction defects or flaws, or deviations from the design established in the approved plans which had been constructed in violation of the granted authorization and the applicable regulations.
(h) Any person, entity, agency, instrumentality, autonomous municipality with I to V granted hierarchy or any other authorized to issue permits, who grants a provisional permit in violation of the provisions of this chapter, a fine of ten thousand dollars ($10,000) shall be imposed.
The provisions of this section do not limit what is set forth by the laws that regulate the professions, certifications or licenses of authorized professionals or inspectors, as well as those of any other trade, regarding disciplinary actions for violations of such provisions, regardless of any criminal action initiated under this chapter. The court shall notify of any pronounced judgment for violations of this chapter to the College of Engineers and Land Surveyors of Puerto Rico, the Board of Examiners of Engineers and Land Surveyors of Puerto Rico, the Puerto Rico Architects and Landscape Architects Association, the Board of Examiners of Architects and Landscape Architects of Puerto Rico, the Board of Examiners of Professional Planners, the Board of Examiners of Geologists, the Bar Association, the Permit Management Office, the Office of the Chief Permit Inspector, and any other professional organization, as applicable. It is hereby provided that the criminal liability described in subsection (c) of this section shall not prescribe; regarding subsection (d) of this section, it is hereby provided that it shall prescribe five (5) years after the date on which the action constituting an offense was discovered. It is further provided that for the offenses described in subsections (f) and (g) of this section, the criminal action shall prescribe twenty (20) years as of the approval of the permit.
History —Dec. 1, 2009, No. 161, § 17.1.