reglab/statecodes huggingface dataset:
2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART VIII - Public Planning II (§§ 9011 — 9047) › Chapter 230 - Puerto Rico Permit Process Reform Act (§§ 9011 — 9028i) › Subchapter III - Permit Managers and Environmental Compliance Evaluation Director (§§ 9013 — 9013b) › § 9013a - Appointment

The Executive Director shall appoint, in coordination with the concerned government entities and with the approval of the Governor, one (1) permit manager to direct each of the units created under § 9013 of this title and which fall within the purview of the concerned government entities, respectively. As for the Environmental Compliance Evaluation Division, the Environmental Quality Board, together with the Executive Director and with the approval of the Governor, shall appoint one (1) Environmental Compliance Evaluation Director. The Executive Director may appoint staff in addition to employees transferred from the concerned government entities as he/she may deem necessary for each of the units created under § 9013 of this title, per the volume of cases received. The Managers and the Environmental Compliance Evaluation Division Director must have an education and professional experience that are substantial to and specialized for the unit or division each is to direct and which enables them to fully discharge the obligations imposed under this chapter and to supervise the staff under their charge on technical issues. The Managers and the Environmental Compliance Evaluation Division Director must meet with such training and continuing education requirements as established by the Permit Management Office by regulation. In order to be eligible for appointment as Manager or Environmental Compliance Evaluation Division Director, candidates must have at least five (5) years of professional experience after having been admitted to practice their profession in the Commonwealth of Puerto Rico, as may apply. The Managers and the Environmental Compliance Assessment shall be subject to comply with the provisions of §§ 1801 et seq. of Title 3, known as the “Ethics in Government Act of the Commonwealth of Puerto Rico”. Neither Managers nor the Division Director may tend to matters in which they have any direct or indirect personal or financial interest or when they are related to an applicant to the fourth degree of consanguinity or to the second degree of affinity. Their performance must be evaluated at least every twelve (12) months.
History —Dec. 1, 2009, No. 161, § 3.2.
2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART VIII - Public Planning II (§§ 9011 — 9047) › Chapter 230 - Puerto Rico Permit Process Reform Act (§§ 9011 — 9028i) › Subchapter IV - Permit Officers (§ 9014) › § 9014 - Appointment, authorities, duties, and functions

As of the date of approval of this act, the Commonwealth Historic Conservation Office, the Institute of Puerto Rican Culture, the Electric Power Authority, the Highway and Transportation Authority, the Aqueduct and Sewer Authority, and the Department of Natural and Environmental Resources shall appoint a Permit Officer and his/her alternate at each of these agencies. Permit Officers and their alternates shall be specialized officials serving in the concerned government entities, and notice of their appointments shall be given to the Executive Director. Such Permit Officers shall be officials in the Electric Power Authority, the Commonwealth Historic Conservation Office, the Institute of Puerto Rican Culture, the Highway and Transportation Authority, the Aqueduct and Sewer Authority, and the Department of Natural and Environmental Resources, respectively, who shall be of renowned capability and professional experience, and have the following general duties, authorities, and functions:
(a) They shall work in close coordination with permit managers from their respective government entities.
(b) They shall assist permit managers in obtaining information or documents needed to discharge their functions, within the timeframes set forth in the Joint Permit Regulation.
(c) They shall expeditiously coordinate any field work as necessary to obtain information requested by permit managers.
The Executive Director or his/her authorized representative shall refer to the attention of the corresponding head of agency, any issues concerning the performance of the Permit Officer which is affecting the transaction course of matters entrusted to the latter under the provisions of this chapter, so that such head of agency may take the corresponding action. By request of the Executive Director, any other [concerned government entity] shall appoint a Permit Officer from among its officials to serve for such term as the Executive Director determines to be necessary. The Executive Director and the head of the [concerned government entity] shall determine the specific tasks to be performed by each Permit Officer, so as to discharge the duties, authorities, and functions set forth in this section, on a case-by-case basis.
History —Dec. 1, 2009, No. 161, § 4.1.
2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART VIII - Public Planning II (§§ 9011 — 9047) › Chapter 230 - Puerto Rico Permit Process Reform Act (§§ 9011 — 9028i) › Subchapter V - Service Representatives (§§ 9015 — 9015b) › § 9015 - Appointment

Service Representatives shall be officials of the Permit Management Office, appointed by the Executive Director to ascertain compliance of permit managers with the terms set forth in the Joint Permit Regulation for transacting the evaluation, approval or denial of final determinations and permits in the Management Office. Under no circumstances may Service Representatives intervene in the evaluation of recommendations, final determinations or permits, as may apply, issued by permit managers or the Environmental Compliance Evaluation Division Director. Service Representatives shall, however, give their recommendations directly to the Executive Director, pursuant to the provisions of §§ 9015a and 9015b of this title.
History —Dec. 1, 2009, No. 161, § 5.1.
2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART VIII - Public Planning II (§§ 9011 — 9047) › Chapter 230 - Puerto Rico Permit Process Reform Act (§§ 9011 — 9028i) › Subchapter V - Service Representatives (§§ 9015 — 9015b) › § 9015a - Authorities, duties, and functions

Service Representatives shall have the following general duties, authorities, and functions as conferred under this chapter:
(a) They shall verify the status of cases pending before the Permit Management Office by means of the electronic information system of the said Office.
(b) They shall oversee compliance with the assessment standards established together with permit managers to handle any deviation from such standards in the evaluation of recommendations, final determinations, and permits. They shall determine the cause of such deviation and provide such recommendations as they may deem necessary to the Executive Director.
(c) They shall give notice to the Executive Director about any instance of noncompliance within the Permit Management Office or by authorized professionals with the assessment standards for the evaluation of recommendations, final determinations, and permits.
(d) They shall provide informational guidance to the public as to the procedures to file applications and they shall provide information on application status to anyone who so requests and keep a register on the requests for information which they have received and processed.
(e) They shall have access to records and, after consultation with and authorization from the Executive Director, may reassign cases in compliance with Permit Management Office operational guidelines.
(f) They shall directly assist the Executive Director in drafting the report required under § 9012p of this title.
(g) They shall ascertain that all required documents, be these in written or in electronic format, are filled out in all their parts.
(h) They shall not accept any incomplete permit applications which are not accompanied with the documents that are indispensable for their evaluation, as set forth in the regulation required under this chapter.
History —Dec. 1, 2009, No. 161, § 5.2.
2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART VIII - Public Planning II (§§ 9011 — 9047) › Chapter 230 - Puerto Rico Permit Process Reform Act (§§ 9011 — 9028i) › Subchapter V - Service Representatives (§§ 9015 — 9015b) › § 9015b - Reports

Service Representatives shall work in close coordination with the Executive Director, so that they may render the operations of the Permit Management Office more efficient and streamlined. In order to accomplish such purpose, Service Representatives shall draft and submit to the Executive Director, monthly reports on the transaction status of recommendations, final determinations, certifications, and permits pending before the Management Office, as well as any recommendations as they may deem necessary to improve Management Office operations. Contents of these reports shall be considered when drafting the report required under § 9012p of this title.
History —Dec. 1, 2009, No. 161, § 5.3.
2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART VIII - Public Planning II (§§ 9011 — 9047) › Chapter 230 - Puerto Rico Permit Process Reform Act (§§ 9011 — 9028i) › Subchapter VI - The Permit Management Office Adjudicatory Board (§§ 9016 — 9016d) › § 9016 - Creation

The Permit Management Office Adjudicatory Board is hereby created as a body attached to the said Office, to be responsible for evaluating and adjudicating final determinations and permits that are discretionary in nature. In coordination with the Planning Board, the Executive Director shall establish, eliminate or relocate any such Adjudicatory Boards as necessary to serve the Regional Offices of the Permit Management Office, in compliance with the provisions of this chapter. When the volume of cases so requires, an Adjudicatory Board may handle and adjudicate matters for more than one (1) region.
History —Dec. 1, 2009, No. 161, § 6.1.
2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART VIII - Public Planning II (§§ 9011 — 9047) › Chapter 230 - Puerto Rico Permit Process Reform Act (§§ 9011 — 9028i) › Subchapter VI - The Permit Management Office Adjudicatory Board (§§ 9016 — 9016d) › § 9016c - Quorum

The majority of the members of an Adjudicatory Board shall constitute a quorum to hold sessions and to make decisions. All Adjudicatory Board agreements shall be adopted by majority vote. The votes cast by members shall only indicate their position in favor of or against the decision, but they shall not cast explanatory votes. The vote of each member, whether in favor or against, shall be recorded into the minute books of the Adjudicatory Board, which shall constitute public documents.
History —Dec. 1, 2009, No. 161, § 6.4.
2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART VIII - Public Planning II (§§ 9011 — 9047) › Chapter 230 - Puerto Rico Permit Process Reform Act (§§ 9011 — 9028i) › Subchapter VI - The Permit Management Office Adjudicatory Board (§§ 9016 — 9016d) › § 9016d - Agreement notice

Once a matter before the consideration of the Adjudicatory Board has been adjudicated, the Executive Director shall then give notice on the granting or denial of the final determination or permit applied for, as the case may be, pursuant to the agreement reached by the Adjudicatory Board, as established by regulation, which shall be deemed to be a final determination of the Management Office. The Management Office shall give notice to the Planning Board on final determinations involving direct or indirect land qualification or use changes. The final determination notice to be given by the Adjudicatory Board shall contain findings of fact and conclusions of law. Any party adversely affected by an action, a final determination or a resolution of an Adjudicatory Board may file a recourse for review, pursuant to the provisions set forth in §§ 9022 et seq. of this title.
History —Dec. 1, 2009, No. 161, § 6.5.
2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART VIII - Public Planning II (§§ 9011 — 9047) › Chapter 230 - Puerto Rico Permit Process Reform Act (§§ 9011 — 9028i) › Subchapter VII - Authorized Professionals and Authorized Inspectors (§§ 9017 — 9017k) › § 9017 - Authorized professional—Creation

The legal construct of the authorized professional is hereby created, to include professional land surveyors, agronomists, geologists, engineers, and planners and licensed architects who obtain the authorization, and any other professional holding a license in construction-related fields, pursuant to §§ 9017a and 9017b of this title.
Authorized professionals shall evaluate or issue ministerial permits, in compliance with the provisions of this chapter and any other applicable legal provision. The most important parameters that govern ministerial permits are the following:
(a) Zoning or qualification;
(b) uses;
(c) height;
(d) lot size;
(e) density;
(f) occupation area;
(g) gross floor area;
(h) front yard;
(i) right-side yard;
(j) left-side yard;
(k) backyard;
(l) parking spaces, and
(m) loading and unloading area.
History —Dec. 1, 2009, No. 161, § 7.1; Nov. 23, 2010, No. 175, § 4.
2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART VIII - Public Planning II (§§ 9011 — 9047) › Chapter 230 - Puerto Rico Permit Process Reform Act (§§ 9011 — 9028i) › Subchapter VII - Authorized Professionals and Authorized Inspectors (§§ 9017 — 9017k) › § 9017a - Authorized professionals—Minimum skill-building training requirements and accreditation

Authorized professionals or practitioners of other licensed professions in construction-related fields must have at least five (5) years of experience, after having obtained their licenses or certifications and admitted or qualified into the practice of their respective professions in Puerto Rico, in such fields or areas as established by regulation. They must as well be current in the payment of their corresponding professional association membership fees and take such courses and pass such examination as the Office of the Chief Permit Inspector may determine through regulation.
Furthermore, authorized professionals must receive skill-building training and accreditation by the Office of the Chief Permit Inspector. Likewise, such Office shall establish, as part of skill-building training courses, the green design guidelines that are to be set forth in the Joint Permit Regulation.
In order to receive such authorization, authorized professionals shall pay an annual registration fee pursuant to the regulation to be adopted by the Chief Permit Inspector and show evidence of having posted a bond whose amount is to be established by the Office of the Chief Permit Inspector. Such authorization shall be effective for two (2) years and the renewal application shall be submitted thirty (30) days before its expiration date or earlier, for which applicants shall include evidence that they meet any requirement that applies to the practice of their profession in Puerto Rico. If any authorized professional’s authorization to practice his/her profession in Puerto Rico should lapse for any reason, or if his/her authorization under this chapter should be suspended by the Office of the Chief Permit Inspector, such professional shall be immediately barred from continuing to issue the authorizations described in §§ 9017 et seq. of this title. Any permit issued under such circumstances shall be void ab initio.
History —Dec. 1, 2009, No. 161, § 7.2.
2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART VIII - Public Planning II (§§ 9011 — 9047) › Chapter 230 - Puerto Rico Permit Process Reform Act (§§ 9011 — 9028i) › Subchapter VII - Authorized Professionals and Authorized Inspectors (§§ 9017 — 9017k) › § 9017b - Authorized professionals—Permits issued

Authorized professionals shall be circumscribed to granting or denying the following final determinations and permits in connection with: (a) use permits; (b) demolition permits; (c) remodeling building permits; (d) general consolidated permits, except as provided in § 9012d of this title; (e) categorical exclusion determinations; (f) building permits; and (g) land subdivision permits. Authorized professionals shall require authorization from the Permit Manager of the Archaeology and Historic Conservation Unit for any use permit to be issued for structures officially designated and included in the Historic Site and Zone Register of the Planning Board; permits and final determinations regarding demolition permits, remodeling building permits, and building permits, shall require the authorization of the Institute of Puerto Rican Culture. Any final determination or certification issued by an authorized professional shall contain, as part of the record, an assessment of the parameters that apply according to the laws and regulations in effect and which he/she used to come to such determination. Said assessment shall not require findings of fact or conclusions of law.
Authorized professionals may issue permits in Autonomous Municipalities with I to V granted hierarchy only if such municipality has so provided by municipal ordinance to that effect. Such municipal ordinance shall establish the powers that authorized professionals shall have, which shall not be greater than those set forth in this chapter.
History —Dec. 1, 2009, No. 161, § 7.3; Nov. 23, 2010, No. 175, § 5.
2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART VIII - Public Planning II (§§ 9011 — 9047) › Chapter 230 - Puerto Rico Permit Process Reform Act (§§ 9011 — 9028i) › Subchapter VII - Authorized Professionals and Authorized Inspectors (§§ 9017 — 9017k) › § 9017c - Authorized professionals—Required courses

Courses to be taken by authorized professionals shall be administered by institutions or organizations approved by the Chief Permit Inspector, which institutions or organizations shall be also accredited by the General Education Council or the Council on Higher Education. The subjects to be covered in the required courses for authorized professionals shall be established by the Office of the Chief Permit Inspector by regulation; such courses, however, shall include at the very least subjects pertaining to the application and interpretation of planning regulations, green design guidelines or any other regulation relative to the authorities of the Management Office, as well as the Code of Ethics established by the Office of the Chief Permit Inspector.
History —Dec. 1, 2009, No. 161, § 7.4.
2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART VIII - Public Planning II (§§ 9011 — 9047) › Chapter 230 - Puerto Rico Permit Process Reform Act (§§ 9011 — 9028i) › Subchapter VII - Authorized Professionals and Authorized Inspectors (§§ 9017 — 9017k) › § 9017d - Authorized professionals—Continuing education

The Office of the Chief Permit Inspector shall promulgate a regulation whereby he/she shall establish a continuing education program with which authorized professionals shall comply.
History —Dec. 1, 2009, No. 161, § 7.5.
2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART VIII - Public Planning II (§§ 9011 — 9047) › Chapter 230 - Puerto Rico Permit Process Reform Act (§§ 9011 — 9028i) › Subchapter VII - Authorized Professionals and Authorized Inspectors (§§ 9017 — 9017k) › § 9017e - Authorized professionals—Conduct

No authorized professional may issue a final determination or permit for a project in which he/she has participated in any phase of its design, or in which he/she has a direct or indirect personal or financial interest or when he/she is related to the applicant or the applicant’s authorized representative by fourth-degree of consanguinity or second-degree affinity. Furthermore, authorized professionals shall observe a Code of Ethics, to be promulgated by the Office of the Chief Permit Inspector. Such Code shall set forth the obligations and prohibitions that apply to authorized professionals. Authorized professionals shall be subject to fines and penalties as established in this chapter for infringing any provision thereof. Moreover, they shall meet any requirement imposed by the Management Office or the Office of the Chief Permit Inspector in the discharge of their responsibilities as imposed under this chapter, including their appearance as an indispensable party in those recourses to contest their final determinations.
History —Dec. 1, 2009, No. 161, § 7.6.
2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART VIII - Public Planning II (§§ 9011 — 9047) › Chapter 230 - Puerto Rico Permit Process Reform Act (§§ 9011 — 9028i) › Subchapter VII - Authorized Professionals and Authorized Inspectors (§§ 9017 — 9017k) › § 9017f - Records

Authorized professionals shall keep a copy of all permits and related documents issued by them, as determined by the Office of the Chief Permit Inspector, for the period established by the Chief Permit Inspector through regulations. Authorized professionals shall surrender the records of permits issued by them to the Permit Management Office, as set forth in the Joint Regulation, as well as approved plans with the corresponding stamps, affixed and cancelled or in digital format, as required by law. Authorized professionals may pay for stamps, affixed and cancelled or in digital format, in connection with documents, action is authorized by their respective colleges, boards, and licenses. Such powers shall be recognized in the Joint Permit Regulation.
Authorized professionals shall send to the Office of the Chief Permit Inspector, a monthly index indicating the permits issued not later than the tenth calendar day of the month following the month being thus reported, which index shall state the numbers of such permits, as well as the name of the proponent party, the date, address of the property, and the object of the permit, certification or document.
On such report, authorized professionals shall certify that they have sent to the Management Office, any sums paid on account of submittal or other charges or fees payable on applications and issue of permits within the term set forth under this chapter. If no permits should have been issued during the month, authorized professionals shall send a negative report for such month to the Office of the Chief Permit Inspector.
If the offices of an authorized professional should be located or established in a wooden or a mixed-construction building, the authorized professional shall be provided with fireproof steel or iron boxes to store copies of all permits and related documents.
In the event that an authorized professional dies or suffers from permanent mental or physical disability, it shall be the duty of his/her heirs, successors or legatees to surrender, within thirty (30) calendar days, the copies of all permits and documents to the Chief Permit Inspector. In the event that an authorized professional ceases in office voluntarily or involuntarily, such term shall be fifteen (15) calendar days.
History —Dec. 1, 2009, No. 161, § 7.7; Nov. 23, 2010, No. 175, § 6.
2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART VIII - Public Planning II (§§ 9011 — 9047) › Chapter 230 - Puerto Rico Permit Process Reform Act (§§ 9011 — 9028i) › Subchapter VII - Authorized Professionals and Authorized Inspectors (§§ 9017 — 9017k) › § 9017g - Notice of disciplinary proceedings

The Office of the Chief Permit Inspector shall notify the Examining Board of Engineers and Land Surveyors of Puerto Rico, the Board of Examiners of Agronomists, the Board of Examiners of Architects and Landscape Architects of Puerto Rico, the Professional Planners Examining Board, the Board of Examiners of Geologists of Puerto Rico, the College of Engineers and Land Surveyors of Puerto Rico, or the Agronomists Association of Puerto Rico, or the Puerto Rico Architects and Landscape Architects Association, or any professional association or Examining Board that regulates the practice of an authorized professional, of the filing of any complaint and the institution and outcome of any disciplinary proceeding against professionals whose conduct they regulate, so that they may take the corresponding action.
The Examining Board of Engineers and Land Surveyors of Puerto Rico, the Board of Examiners of Agronomists, the Board of Examiners of Architects and Landscape Architects of Puerto Rico, the Professional Planners Examining Board, the Board of Examiners of Geologists of Puerto Rico, the College of Engineers and Land Surveyors of Puerto Rico, the Agronomists Association of Puerto Rico, the Puerto Rico Architects and Landscape Architects Association, or any professional association or Examining Board that regulates the practice of an authorized professional, shall notify the Office of the Chief Permit Inspector, within a twenty-four (24)-hour period, of the filing of any complaint and the institution and outcome of any disciplinary proceedings against professionals whose conduct they regulate. Colleges or Boards of authorized professionals, as well as any other institution that regulates the practice of an authorized professional, shall take action motu proprio upon learning about any violation of this Act committed by one of their members without having to be notified by the Office of the Chief Permit Inspector or any agency of the Government of Puerto Rico.
History —Dec. 1, 2009, No. 161, § 7.8; Nov. 23, 2010, No. 175, § 7.
2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART VIII - Public Planning II (§§ 9011 — 9047) › Chapter 230 - Puerto Rico Permit Process Reform Act (§§ 9011 — 9028i) › Subchapter VII - Authorized Professionals and Authorized Inspectors (§§ 9017 — 9017k) › § 9017h - Authorized professional—Scope of liability

Authorized professionals shall review and evaluate documents submitted by applicants pursuant to the requirements established by the Chief Permit Inspector by regulation. The scope of liability set for those designing or building under the provisions of the Puerto Rico Civil Code or §§ 42a—42i of this title, shall not be extended over to authorized professionals.
History —Dec. 1, 2009, No. 161, § 7.9.
2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART VIII - Public Planning II (§§ 9011 — 9047) › Chapter 230 - Puerto Rico Permit Process Reform Act (§§ 9011 — 9028i) › Subchapter VII - Authorized Professionals and Authorized Inspectors (§§ 9017 — 9017k) › § 9017i - Authorized professionals—Service fees

The Chief Permit Inspector shall establish, by regulation, the fees that authorized professionals may charge applicants for their services, in addition to other charges set forth pursuant to the provisions of this chapter.
History —Dec. 1, 2009, No. 161, § 7.10.
2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART VIII - Public Planning II (§§ 9011 — 9047) › Chapter 230 - Puerto Rico Permit Process Reform Act (§§ 9011 — 9028i) › Subchapter VII - Authorized Professionals and Authorized Inspectors (§§ 9017 — 9017k) › § 9017j - Authorized inspectors—Creation

The legal construct of the authorized inspector is hereby created. authorized inspectors shall be any natural persons duly authorized by the Office of the Chief Permit Inspector. Authorized inspectors, in compliance with the provisions of this chapter, any other applicable legal provisions, and the provisions set forth by regulation, shall evaluate and issue certain certifications, such as fire prevention certifications and environmental health certifications, as well as any other as allowed under regulation.
History —Dec. 1, 2009, No. 161, § 7.11.
2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART VIII - Public Planning II (§§ 9011 — 9047) › Chapter 230 - Puerto Rico Permit Process Reform Act (§§ 9011 — 9028i) › Subchapter VII - Authorized Professionals and Authorized Inspectors (§§ 9017 — 9017k) › § 9017k - Authorized inspectors—Minimum skill-building training requirements

Authorized inspectors shall take such courses and pass such examination as the Office of the Chief Permit Inspector may determine by regulation. In order to receive their respective authorization, authorized inspectors must pay an annual registration fee and submit evidence of having posted a bond, the amount of which shall be established by the Chief Permit Inspector. Such authorization shall be effective for two (2) years and the renewal application must be submitted thirty (30) days before its expiration date or earlier. In the event that an authorized inspector is no longer authorized to practice his/her profession in Puerto Rico for any reason, or has his/her authorization suspended by the Chief Permit Inspector, he/she shall be barred from continuing to issue environmental health or fire prevention certificates or any other certification allowed. Any environmental health or fire prevention certification issued under such circumstances shall be void ab initio. Professional conduct, liability, and service fees shall be provided for under the Joint Permit Regulation. Authorized inspectors shall keep a copy of all certifications and related documents issued by them, for such period as the Chief Permit Inspector may determine by regulation.
History —Dec. 1, 2009, No. 161, § 7.12.
2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART VIII - Public Planning II (§§ 9011 — 9047) › Chapter 230 - Puerto Rico Permit Process Reform Act (§§ 9011 — 9028i) › Subchapter VIII - Evaluation, Granting or Denial of Final Determinations or Permits (§§ 9018 — 9018o) › § 9018 - Jurisdiction

As of the effective date of this act, any person who wishes to apply for permits, recommendations, licenses or certifications in connection with land development and use in Puerto Rico, or any other such authorization or transaction as necessary, as set forth in §§ 9011, 9012d and 9017b of this title, may do so before the Management Office, whether at the main office or a regional office or through an authorized professional, as may apply. It is stressed in §§ 9017 and 9017b of this title, however, that authorized professionals may only transact ministerial matters, to the exclusion of any discretionary transactions.
Applications to be submitted to the Management Office or an authorized professional, as may apply, shall include such applications established in the Joint Permit Regulation, including but not limited to: site consultations; land requalification; lot division or subdivision permits; building permits; use permits; environmental documents; permits or recommendations previously evaluated and granted by the concerned government entities in connection with land development and use; and any other such application as provided for in the Joint Permit Regulation. Furthermore, the Management Office shall issue such certifications and documents as required to do or operate businesses in Puerto Rico, subject to the provisions of § 9012e of this title. Notwithstanding the foregoing, provisions shall be made, by regulation, as to a proper procedure whereby citizens may submit their comments. Lastly, the Management Office may issue Green Permits.
History —Dec. 1, 2009, No. 161, § 8.1.
2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART VIII - Public Planning II (§§ 9011 — 9047) › Chapter 230 - Puerto Rico Permit Process Reform Act (§§ 9011 — 9028i) › Subchapter VIII - Evaluation, Granting or Denial of Final Determinations or Permits (§§ 9018 — 9018o) › § 9018a - Pre-application meeting

As of the effective date of this act, any person who wishes to apply for any of the transactions provided for under § 9018 of this title, may apply to the Management Office, by submitting the corresponding service form and paying the pertinent fees, an informational briefing whereby compliance of the action proposed with the applicable statutes and regulations shall be assessed, which is known as a pre-application meeting, as defined under § 9011 of this title. This meeting shall only serve the purpose of clarifying, prior to filing any application contemplated under the provisions of § 9018 of this title, the requirements that apply to the project, and even though it may include Management Office recommendations, this procedure shall by no means be deemed to be a final determination by the Management Office in terms of approving or turning down the action thus proposed. Permit anager representatives for the Environmental Compliance Division Director, as applicable, may participate in the pre-application meeting evaluation, at the discretion of the Executive Director or the Regional Director.
History —Dec. 1, 2009, No. 161, § 8.2.
2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART VIII - Public Planning II (§§ 9011 — 9047) › Chapter 230 - Puerto Rico Permit Process Reform Act (§§ 9011 — 9028i) › Subchapter VIII - Evaluation, Granting or Denial of Final Determinations or Permits (§§ 9018 — 9018o) › § 9018b - Application submittal

The process for filing an application before the Management Office may be instituted by submitting the corresponding application, either by electronic or any alternate media as the Management Office may determine, in compliance with the provisions of § 9012f of this title. Applications must be accompanied with all required documents, including, among others, the corresponding environmental document or the form to claim the application of a categorical exclusion, as applicable, plus the payment of the corresponding charges and fees. The transaction of a ministerial permit application with an authorized professional is instituted when the latter submits all documents pursuant to the requirements established in the Joint Permit Regulation, as provided for in this chapter, plus the payment of the corresponding charges and fees.
Green Permits are hereby created for all buildings or designs that prove to be compliant with the pre-qualification of the parameters necessary to obtain a green design certification. The Joint Permit Regulation shall establish the procedure for the evaluation and expeditious granting of Green Permits. In order for Green Permits to be granted, an application must be submitted to the Permit Management Office, an authorized professional or an autonomous municipality with I to V granted hierarchy, as provided for in §§ 9011nt, 9012d and 9017d of this title.
All applications submitted to the Management Office shall be assigned an individual identification number, to which the proponent or interested person shall make reference in all documents, letters, and requests for information regarding such application. This number shall include the number of the municipality, as per the Municipal Revenues Collection Center (cadastre).
History —Dec. 1, 2009, No. 161, § 8.3.
2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART VIII - Public Planning II (§§ 9011 — 9047) › Chapter 230 - Puerto Rico Permit Process Reform Act (§§ 9011 — 9028i) › Subchapter VIII - Evaluation, Granting or Denial of Final Determinations or Permits (§§ 9018 — 9018o) › § 9018e - Participation in the process to evaluate permit applications or in requalification and use variance proceedings

The Joint Permit Regulation shall establish the mechanisms whereby persons other than the applicant may participate in the process to evaluate final determinations pursuant to the provisions of Subchapter XV of this chapter. As for requalification and use variance proceedings, the Joint Permit Regulation shall provide for the holding of public hearings.
History —Dec. 1, 2009, No. 161, § 8.6.
2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART VIII - Public Planning II (§§ 9011 — 9047) › Chapter 230 - Puerto Rico Permit Process Reform Act (§§ 9011 — 9028i) › Subchapter VIII - Evaluation, Granting or Denial of Final Determinations or Permits (§§ 9018 — 9018o) › § 9018f - Findings of fact and conclusions of law

With regards to discretionary applications, the Permit Management Office shall issue all final determinations in writing and include and state separately therein the findings of fact and conclusions of law that constitute the grounds for its determination. With regards to ministerial applications, the Permit Management Office shall include, as part of the record, an assessment of the applicable parameters pursuant to the laws and regulations in effect that were used to come to such determination. Said assessment shall not require findings of fact or conclusions of law. The final determination shall advise on the right to request a review and state the corresponding terms to request such review. Upon meeting this requirement, such terms shall begin to run their course. As for final determinations related to the land requalification process, the same shall contain:
(a) A clear statement of the right to request a judicial review and the term available therefor, and
(b) a clear statement of the date of effectiveness of such requalifications.
History —Dec. 1, 2009, No. 161, § 8.7; Nov. 23, 2010, No. 175, § 8.
2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART VIII - Public Planning II (§§ 9011 — 9047) › Chapter 230 - Puerto Rico Permit Process Reform Act (§§ 9011 — 9028i) › Subchapter VIII - Evaluation, Granting or Denial of Final Determinations or Permits (§§ 9018 — 9018o) › § 9018g - Notice

The Permit Management Office, the autonomous municipalities with I to V granted hierarchy, and the authorized professionals shall give notice by sending a copy of all final determinations, in compliance with the applicable regulations. Furthermore, they shall give notice by sending a copy of such determinations and the permits to the Office of the Chief Permit Inspector and the concerned government entities, as may apply, within a term of two (2) business days as of its date of issue. Final determinations shall be accompanied with an electronic copy of all plans submitted for the granting of such determinations, as well as any other document as the Office of the Chief Permit Inspector may deem necessary. The date of such notice, whenever applicable, shall be certified on the text of the final determination and shall be deemed to be the date of record of the final determination in question for reviewing purposes. As for requalifications, the Management Office shall give notice to the Planning Board or the municipality, as may apply, of its final determination, so that the latter may make the approved change on the corresponding qualification plan.
History —Dec. 1, 2009, No. 161, § 8.8.
2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART VIII - Public Planning II (§§ 9011 — 9047) › Chapter 230 - Puerto Rico Permit Process Reform Act (§§ 9011 — 9028i) › Subchapter VIII - Evaluation, Granting or Denial of Final Determinations or Permits (§§ 9018 — 9018o) › § 9018h - Effective date of final determinations and permits

Final determinations issued by the Permit Management Office, the autonomous municipalities with I to V granted hierarchy or an authorized professional shall take effect as of the date on which the issue of the notice is certified, pursuant to the provisions of § 9018g of this title.
History —Dec. 1, 2009, No. 161, § 8.9.
2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART VIII - Public Planning II (§§ 9011 — 9047) › Chapter 230 - Puerto Rico Permit Process Reform Act (§§ 9011 — 9028i) › Subchapter VIII - Evaluation, Granting or Denial of Final Determinations or Permits (§§ 9018 — 9018o) › § 9018i - Effectiveness of final determinations or permits

The term during which any final determinations or permits granted by the Management Office, an autonomous municipality with I to V granted hierarchy or the authorized professionals, shall be effective under this chapter, shall be the term established to such effect in the Joint Permit Regulation or the Ordination Regulation, as may correspond.
History —Dec. 1, 2009, No. 161, § 8.10.
2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART VIII - Public Planning II (§§ 9011 — 9047) › Chapter 230 - Puerto Rico Permit Process Reform Act (§§ 9011 — 9028i) › Subchapter VIII - Evaluation, Granting or Denial of Final Determinations or Permits (§§ 9018 — 9018o) › § 9018j - Terms for the evaluation and issuance of final determinations or permits

The Joint Permit Regulation shall establish the term within which the Permit Management Office or authorized professionals shall evaluate in order to issue a final determination. However, final determinations on applications for permits for soil use projects pursuant to those established in the applicable regulations shall be evaluated and issued or denied within a maximum term of ninety (90) days, to be counted as of the date on which the application was submitted, except in the case of projects, which, owing to their nature or intensity, require a special or particular location to address special situations such as heavy industrial projects such as quarries, transshipment or final solid waste disposal stations or any other special projects, as specifically established by regulations. The Executive Director may extend such term for an additional term of thirty (30) days under special circumstances. The terms established pursuant to the provisions of this section shall be mandatory.
The term to issue a Green Permit and PyMES Permit shall not exceed sixty (60) days. The procedure to be followed for the proper evaluation and granting of a Green Permit and PyMES Permit shall be established in the Joint Regulations.
History —Dec. 1, 2009, No. 161, § 8.11.
2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART VIII - Public Planning II (§§ 9011 — 9047) › Chapter 230 - Puerto Rico Permit Process Reform Act (§§ 9011 — 9028i) › Subchapter VIII - Evaluation, Granting or Denial of Final Determinations or Permits (§§ 9018 — 9018o) › § 9018k - Public nature of documents

Documents submitted according to §§ 9018b—9018d of this title before the Permit Management Office shall be deemed to be public documents pursuant to §§ 1001 et seq. of Title 3, known as the “Public Documents Administration Act”, for at least twenty (20) years, to be counted as of the granting or denial of the final determination or permit.
History —Dec. 1, 2009, No. 161, § 8.12.
2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART VIII - Public Planning II (§§ 9011 — 9047) › Chapter 230 - Puerto Rico Permit Process Reform Act (§§ 9011 — 9028i) › Subchapter VIII - Evaluation, Granting or Denial of Final Determinations or Permits (§§ 9018 — 9018o) › § 9018l - Performance bonds

The Permit Management Office, the autonomous municipality with I to V granted hierarchy, or the authorized professional may require as a condition to issue a building or use permit to be developed in stages, the posting of a performance bond to guarantee completion of the facilities, services, and fixtures required, pursuant to the provisions of the Joint Permit Regulation or the Ordination Regulation, as the case may be.
History —Dec. 1, 2009, No. 161, § 8.13.
2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART VIII - Public Planning II (§§ 9011 — 9047) › Chapter 230 - Puerto Rico Permit Process Reform Act (§§ 9011 — 9028i) › Subchapter VIII - Evaluation, Granting or Denial of Final Determinations or Permits (§§ 9018 — 9018o) › § 9018m - Impact fees

As part of the issue of a final determination, the Permit Management Office or the autonomous municipality with I to V granted hierarchy shall impose, pursuant to the provisions of the Joint Permit Regulation or the Ordination Regulation, as may correspond, such fees on account of exaction impact that may apply to a project and direct that the applicant pay such fees in favor of the corresponding government entity concerned by using the means of payment set forth by regulation, by the Management Office, and under this chapter. Any projects that get a green design certification shall be exempted from the payment of impact fees. The exaction percentage applicable to such projects shall be that which is determined via the Joint Permit Regulation.
The Joint Permit Regulation shall provide that, in cases in which the improvements required from an applicant exceed the impact fee that applies to the project, the concerned government entity shall give the applicant a credit which may be applied to any other fee charged to him/her by the concerned government entity in connection with the project, except for charges on consumption. The said credit may also be: (a) transferred by the applicant onto other projects belonging to him/her, for which the payment of impact fees to the concerned government entity is required; (b) transferred to third parties who have projects in the area through such procedures as the regulation may establish. The Management Office shall impose a nominal fee on the concerned government entities for transacting the collection of the said charge.
History —Dec. 1, 2009, No. 161, § 8.14.
2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART VIII - Public Planning II (§§ 9011 — 9047) › Chapter 230 - Puerto Rico Permit Process Reform Act (§§ 9011 — 9028i) › Subchapter VIII - Evaluation, Granting or Denial of Final Determinations or Permits (§§ 9018 — 9018o) › § 9018o - Criteria for the issuance of conditional, immediate, or temporary use permits

In order to obtain a conditional, immediate, or temporary use permit individuals shall complete the application for Conventional Use Permit of the Permit Management Office as provided in the Joint Permit Regulations for Construction Works and Lands and show proof of having obtained Fire Prevention and Environmental Health Certifications, which may be certified by a Professional Engineer or Architect in accordance with the Plan Certification Act, Act No. 135-1967, or issued by an authorized professional or inspector in accordance with § 9018n of this title.
Upon showing proof of having both certifications and of having completed the application for Conventional Use, the Permit Management Office and/or the Autonomous Municipalities with I to V granted Hierarchy shall issue the provisional use permit within one (1) business day.
If the proposed business is to be located in a property that does not have a permit, it may also avail itself of the fast-track process provided in § 9018n of this title to obtain a conditional, immediate, or temporary use permit within one (1) business day; provided, that the certifications are issued by an authorized professional and the proposed use is allowed by the qualification district of the property.
History —Dec. 1, 2009, No. 161, added as § 8.16 on June 11, 2014, No. 62, § 6.