To require a roof waterproofing, sealant, and repair technician license from all those contractors dedicated to said activity, registered and bonded with the Puerto Rico Department of Consumer Affairs, in accordance with Law Number 146 of August 10, 1995, and the Law Number 137 of July 11, 1998, and create a board of contractors to issue said license, establish the rules for them; and other purposes.
WaterproofingSealing and Roof
The Legislative Assembly has the power to approve laws to protect the life, health, and well-being of the people of Puerto Rico in accordance with Section 7 of Article II of the Bill of Rights of the Constitution of the Commonwealth of Puerto Rico.
It is clear that, in accordance with the postulate of constitutional order indicated above, it corresponds to the representative groups of governmental power to create the legislation, facilities, and resources to legally order the activities that establish the necessary controls to ensure the general well-being. That is, establish a public policy that corresponds to the needs of the Puerto Rican.
To achieve this purpose, public policy cannot be dogmatic and unalterable. At least it requires, in a progressive and changing country in its factors, continuous evaluation.
If the public policy becomes dogmatic and of general application, it is heading towards governmental leadership, which is the complete opposite in every country with democratic roots. It is thus that, when setting the parameters to establish the controls and planning of the activities in a society of this genre, it is necessary to discern the factors that deserve to be specified and individualized. So much so, that the civil legal system, together with the administrative and governmental ones, should not deviate from the principles already exposed, which prevail in all criminal systems and criminal procedures in Puerto Rico. There are circumstances in government control that require regulation of a general nature and others of a specific and individual nature.
Within these parameters, we have to frame the Law appropriate to the problem at hand. That is, how to adequately protect consumers from contract violations, scams, use of inferior or inadequate quality products, and breach of guarantees and insurance in waterproofing, sealing, and Residential Roofing repair services in Puerto Rico.
This, in Article 3, provides that the primary purpose of the Department of Consumer Affairs is to vindicate and implement consumer rights and curb inflationary trends. It also provides for the establishment and control of price control on articles and services for use and consumption.
Likewise, said the law has empowered, among other powers, the Secretary of said Department to promote standards of quality, safety and suitability in services and products for use and consumption and require their compliance.
Also, the Law grants powers and faculties to the Secretary of the Department of Consumer Affairs so that, in the protection of consumers, he oversees compliance with the laws on consumer protection that are under the jurisdiction of other agencies and bodies of the Commonwealth. of Puerto Rico and refer to them the complaints and notify the infractions so that they can take the appropriate action.
Experience indicates that both laws have not resolved the problem that plagues these consumers. Reasons for this include that both measures are extremely general.
According to agency statistics, as of July 1999, the agency closed 1,114 cases, while it had 8,456 active. This in itself is a disappointing picture for someone who has suffered from improper work on their roof.
The waterproofing, sealing and repair of roofs is a service and is not part of the construction of homes, businesses, industries and other related structures, therefore, including it in a general classification under contractor laws and under the regulations of the Department of Public Affairs of the Consumer, in an encompassed way, is not its own and does not solve the problems that this activity requires.
Any violator responds with penalties, including license revocation.
In Puerto Rico, regulating the indicated activity is necessary and urgently needed for the protection of the consumer and all economic sectors related to waterproofing, sealing, and roof repair.
The purpose of this Act is to protect the life, health, and individual and collective property of the people of Puerto Rico.
Department of Consumer Affairs
The approval of this Law expedites and ensures the provision of quality waterproofing, sealing, and roof repair services and the use of safe and appropriate products. Thus, it avoids all the bureaucratic processes and operational expenses that currently exist to resolve complaints and reduce damages in a reasonable time and the satisfaction of the guarantees on the services provided.
This Law is consistent with the established public policy that when the services offered by a Commission, Board, or any governing body to regulate activities become unnecessary, the laws that created them must be abolished or amended. That is the case.