Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

House Bill No, __142?

INTRODUCED BY HON. LUIS JOSE ANGEL N. CAMPOS

EXPLANATORY NOTE .

Over the past few years, office and residential buildings in Makati

have experienced difficulty in obtaining “Certificates to Operate” because

of Section 34 in Republic Act No. 8495, otherwise known as the “Philippine
Mechanical Engineering Act of 1998”.

Section 34 of Republic Act No. 8495 requires that every mechanical
work, project, or plant in operation, have a licensed professional mechanical
engineer or certified plant mechanic present twenty-four hours a day.
However, said provision which was clearly made for industrial plants is
now being implemented against non-stock non-profit condominium
corporations and commercial buildings which do not have nor do they
utilize equipment and machinery present in industrial plants such as steam
engines, turbines, boilers, furnaces, cranes and the like. Said residential and
office buildings only have air conditioners, elevators, and escalators.

The adversely affected buildings have attempted to comply with the
requirements of the law, but despite earnest efforts, they failed to do so due
to the limited number of licensed mechanical engineers available for
employment. Moreover, the high cost of employing a mechanical engineer
to be available for twenty-four hours a day as required by foregoing section
further prevents compliance.

The skills of our licensed mechanical engineers would be of better use
in operating, maintaining, and keeping safe plants and operations that
actually utilize complex machinery, engines, equipment, and similar
devices. It would be redundant for residential and office buildings to
employ licensed engineers just to monitor and maintain elevators, air
conditioners, and escalators since they would either have a technician to
handle the same or the supplier of the said equipment would be handling
its maintenance.


This bill seeks to rectify the situation by amending Republic Act 8495
so that it excludes residential and office buildings that only use simple
machines such as elevators, escalators, and ventilating equipment/air
conditioners.

In light of the foregoing, the approval of this measure is earnestly
sought.

LOIS JOSE ANGELN.


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

House Bill No._142?

INTRODUCED BY HON.LUIS JOSE ANGEL N. CAMPOS, JR

AN ACT AMENDING THE PHILIPPINE MECHANICAL
ENGINEERING ACT OF 1998

Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled:

SECTION 1: Declaration of Policy - Section 34 of Republic Act No.
8495, otherwise known as the Philippine Mechanical Engineering Act of
1998 is hereby amended as follows:

“Section 34. Personnel Required in Mechanica] Plant. - Every
mechanical work project or plant in operation shall have not less than the
following complement of resident licensed professional mechanical
engineer, mechanical engineer or certified plant mechanic:

(a) 100 kw or over but not more than 300 kw: one (1) certified plant
mechanic, or more mechanical engineer or one (1) professional
mechanic engineer: Provided, That every mechanical work, project, or
plant in this category operating in more than one shift every
twenty-four hours, shall have in addition to the minimum personnel
herein required, one (1) certified plant mechanical, or one (1)
mechanical engineer, or one (1) professional mechanical engineer
in-charge of each and every additional shift.

(b)300 kw or over, but not more than 2000 kw: one (1) mechanical
engineer or one (1) professional mechanical engineer or one (1)
professional mechanical engineer: Provided, That every mechanical
work, project, or plant in this category operating in more than one
shift every twenty-four (24) hours shall have, in addition to the
minimum personnel herein required at least one (1) mechanical
engineer, or one (1) professional mechanical engineer in-charge of
each and every additional shift.


(c) Over 2000 kw: one (1) professional mechanical engineer: Provided,
That every mechanical work, project or plant in this category
operating in more than one shift every twenty-four (24) hours shall
have, in addition to the minimum personnel herein required at least
one (1) professional mechanical engineer in-charge of each and every
additional shift.

PROVIDED, HOWEVER, THAT BUILDINGS USED FOR
RESIDENTIAL, OFFICE, OR COMMERCIAL PURPOSES, WHICH
ONLY UTILIZE BASIC NON-INDUSTRIAL EQUIPMENT SUCH
AS ELEVATORS, ESCALATORS, HEATING, AIR
CONDITIONING, VENTILATING EQUIPMENT, OR OTHER
SIMILAR MECHANICAL EQUIPMENT NECESSARY AND
DESIRABLE FOR RESIDENTIAL, OFFICE, OR COMMERCIAL
PURPOSES, SHALL BE EXEMPTED FROM COMPLYING WITH
THIS SECTION”.

SECTION 2: Separability Clause - If any provision of this Act is
subsequently declared invalid or unconstitutional, other provisions hereof
which are not affected thereby shall remain in full force and effect.

SECTION 3: Repealing Clause - All Jaws, acts, presidential decrees,
executive orders, issuances, presidential proclamations, rules and
regulations or parts thereof which are contrary and/or inconsistent with
any provision of this Act are hereby repealed, amended, or modified
accordingly.

SECTION 4: Effectivity Clause - This Act shall take effect fifteen (15)
days upon completion of its publication in at least two (2) national
newspapers of general circulation.

Approved,