LAW NUM. 20,071 CREATES AND REGULATES THE NATIONAL REGISTER OF REVIEWERS |! | INDEPENDENT OF BUILDING WORKS Having present that the H. National Congress has |! |given its approval to the following Bill: " TITLE I General provisions Article 1.- Create the National Register of |! | Independent Building Works of |! |compliance with article 116 Bis of the decree with |! |force of law No. 458, of the Ministry of Housing and |! | Urbanism, of 1975, General Law of Urbanism and |! | Constructions. Article 2 °.-The Directorate of the Registry will depend on the Ministry of Housing and Urbanism, who will administer it unconcentratedly through the Regional Secretariats of the same Ministry. The register shall be governed for the entire national territory and shall be of a public and permanent nature. TITLE II Registration requirements, inabilities |! |and incompatibilities Article 3 °.-You can only register in the |! | Register and remain enrolled in the people |! |natural that: a) Credit to be in possession of the professional title |! |of Architect, Civil Engineer, Engineer |! | Constructor or Civil Builder; b) Count with the required experience and qualification |! |for the category in which they intend to register, and c) Not to be The administrative acts that originate in the |! |rejection of an application for registration may |! |claim by means of the resources established in the law |! | N ° 19,880, of Bases of the Procedures |! | Administrative. Article 4 °.-The Register shall be divided into the following categories, according to the greatest or least experience and qualification of the reviewers: (a) Third Category: They may be registered with any of the following requirements: 1.-Participation as competent professional, in at least 10 works which, as a whole, add up to a minimum of 10,000 m2, or 2.-Two years of performance as an official in the Urban Development Division of the Ministry of Housing and Urbanism or in some Unit of Urban Development and Infrastructure of a Regional Secretariat of the same Ministry, carrying out, in either case, supersurveillance in compliance, by the Directorates of Municipal Works, of the Law General of Urbanism and Constructions and any other legal or regulatory norm related to the same subject, or 3.-Two years of performance as a reviewer of projects of construction works in Directorates of Municipal Works or in some fiscal institution, or as an inspector of construction works in the latter, provided that in that period they have reported, revised, or inspected at least 10 works which, as a whole, have a minimum of 10,000 m2. Those registered in this category may only review projects and works whose total area is not more than 2,500 m2. (b) Second Category: Those who credit any of the following requirements may be registered: 1.-Two years of performance as an independent reviewer, provided that in that period, at least 30 works have been reported which, as a whole, have a minimum of 30,000 m2; or 2.-Five years of professional exercise, with participation as competent professional in at least 30 works which, as a whole, add up to a minimum of 30,000 m2; 3.-Four years of performance as an official in the agencies and under the conditions set out in paragraph 2 (a) above; or 4.-Four years of performance in the bodies and under the conditions set out in paragraph 3 of (a) above, provided that at least 30 works have been reported, reviewed or inspected during that period, together with a minimum of 30,000 m2. Those registered in this category may only review projects and works whose total area is not more than 5,000 m2. (c) First Category: Those who credit any of the following requirements may be registered: 1.-Two years of performance as a second-rate independent reviewer, with such that they accumulate their performance in this category and the third at least 50 works which, as a whole, have a minimum of 50,000 m2; or 2.-Ten years of professional practice, with participation as a responsible professional in at least 50 works which, as a whole, together a minimum of 50,000 m2; or 3.-Eight years of performance as an official in the agencies and under the conditions mentioned in the letter No. 2 (a) precedent; or 4.-Eight years of performance in the agencies and under the conditions set out in paragraph 3 of (a) above, provided that at least 50 works have been reported, reviewed or inspected during that period, together with a At least 50,000 m2, or 5.-Haber has served as municipal works director for two years in municipalities with more than 40,000 inhabitants or during four in communes with a lower population, with such that they have reviewed at least 50 works which, in their together, with a minimum of 50,000 m2. Those registered in this category will be able to review all types of projects and works. Article 5 °.-The inability to register and remain in the Register shall be as follows: (a) To be an official in a Municipality, in the Ministry of Housing and Urbanism or in a Regional Secretariat of the latter; (b) Be already enrolled in (c) Haber has been convicted of a crime or a simple crime that deserves a penalty, and (d) have been punished with the elimination or have the registration suspended in this or other Register of the Ministry of Housing and Urbanism. The inskills arising from a criminal or administrative conviction will be without effect after five years from the end of the penalty or penalty. However, after half of this period, the Assistant Secretary for Housing and Urban Planning, with consultation with the Director of the Registry, will be able to lift this inability through a well-founded resolution. Article 6.-Independent reviewers will not be able to review projects or works in which they have conflicts of interest. There shall be an expression of such conflicts, for example, of projects or works: (a) Employed in premises belonging in the domain to the reviewer or his relatives up to the 4th degree of consanguinity or 2nd degree of affinity; b) Employed in premises belonging in the domain to a society of persons of which the reviewer is a partner or a a legal person in which the person is a member, director, administrator or one with whom he or she has economic dependence or an employment relationship, and (c) where the reviewer, or any of his or her relatives up to the 4th degree of consanguinity or 2nd degree of affinity, intervenes as project or builder. TITLE III Of the infringements and their penalties Article 7 °.-It will be considered as minor infraction and |! |will be sanctioned with written warning the issue of |! |reports on incomplete files, whose omissions |! |prevent the understanding of the project. Article 8 °.-The following actions of the reviewer shall constitute serious infractions and shall be punishable by the suspension of the Register, up to a period of one year: (a) Reoffending in the commission of any minor infringement within a period of (b) Act in a category higher than that in which it is registered; (c) Failure to communicate to the Registry any modification of his or her personal history which has an impact on the fulfilment of the registration requirements or the causal inability or incompatibility. The communication shall be made within 30 days of the date of the amendment, and (d) Issue a report in contravention of the laws or regulations on construction or the provisions of the planning instruments. the territorial scope of the project, without compromising the habitability, safety or health of the buildings. Article 9 °.-The following actions of the reviewer shall constitute serious infractions and shall be sanctioned with suspension of one to three years, or with the elimination of the Registry: a) Reoffend in the commission of any serious infringement within a period of three years; b) Act finding itself affected by some causal of inability or incompatibility or having lost any of the registration requirements in the Register; c) To provide inaccurate information regarding compliance with the registration requirements or to omit information relating to this same point; (d) To be convicted of executed judgment due to civil or criminal liability arising from the (e) issuing a report in contravention of the legal rules; or regulations on construction and/or the provisions of the territorial planning instruments applicable to the project, compromising the habitability, safety or health of buildings, and (f) Altering a certificate of registration in the Register. TITLE IV of the Sancionatory Procedure Article 10.-It will be competent to know of the |! |violations to this law and apply the sanctions |! |that in this is established the Regional Secretariat |! | Ministry of Housing and Urbanism of the Region in which |! |the infringement was committed. The sanctioning procedure should be initiated from |! |officio when the Ministerial Regional Secretariat of |! | Housing and corresponding Urbanism takes cognizance |! |of facts that could be constitutive of some of |! |the infractions to which refers to this law. The procedure may also be initiated by |! |written complaint, to the Regional Secretariat |! | competent ministerial, formulated and subscribed by a |! person interested. The complaints must be founded and |! |contain a description of the concrete facts that |! |are considered to constitute infringement, owing |! |accompany copy of the antecedents in which it is founded. From |! |these requirements will not be met the complaint will not be |! |admitted to processing. Article 11.-The sanctioning procedure shall be initiated by a resolution of the Ministerial Regional Secretariat of Housing and corresponding Urbanism in which the precise charges against the alleged infringer must be stated, which will be notified to you by registered letter sent to the registered office of registered office, with the background of the founds. The formulation of charges shall state the manner in which the proceedings have been initiated, a description of the facts which are deemed to be an infringement, the rule of law which has been infringed and the provision of the sanction assigned to it. infringement. The alleged infringer will have a period of 30 days to formulate discards, counted from the notification. Article 12.-Received or after the deadline set for this, the Ministerial Regional Secretariat shall examine the merit of the records and, if necessary, order the execution of the expertise and inspections that are relevant and the receipt of the other supporting evidence to be obtained. The new antecedents will be referred to the alleged infringer, who may make observations about them within the 30-day period counted since the notification. The facts under investigation and the responsibilities of the offenders may be credited by any eligible means of proof in the form of an awareness. Article 13.-The resolution terminating the sanctioning procedure shall be founded and shall resolve all the questions raised, giving a statement on each of the claims and defenses of the accused, and must declare the sanction imposed on the or his acquittal. The final decision shall be taken within 30 days after the date on which the last due diligence on the dossier has been completed. Penalties shall be entered in the Register. Article 14.-Administrative acts originating in this procedure may not be claimed by means of the resources provided for in Law No 19,880, of the Administrative Procedures. However, the appeal to the Commission of Appeals of the Registry, hereinafter referred to as the Commission, shall be lodged against the decision to terminate the sanctioning procedure, and shall be brought within 30 days of its notification. Such appeal shall not have suspensory effect unless the Commission expressly so decides, at the request of the person concerned. The decisions of the Commission shall be unappealable, without prejudice to any other actions and resources which may be taken. Article 15. The Commission shall be composed of: (a) Two officials of the Ministry of Housing and Urbanism, one of whom shall preside. b) A representative of the College of Architects of Chile A.G. c) A representative of the College of Engineers A.G. d) A representative of the College of Civil Builders of Chile A.G. The members of the Commission and their alternates shall be appointed by the respective bodies. The constitution of this Commission will be formalised by a resolution of the Under-Secretary for Housing and Urban Planning. TITLE V Final and transitional provisions Article 16.-The actions to pursue the |! |infringements referred to in this law |! |shall be prescribed within two years, counted from the |! |date the infringement was committed. Transitional Article.-Within 60 days of the entry into force of the Register referred to in this Law, natural persons who meet the requirements laid down in Article 3 (a) and (c) of this Law and who, in case or through a legal person, they had an entry in force on 27 May 2005, in the National Register of Independent Building Works of Construction created by the supreme decree No. 177, of Housing and Urbanism, of 1996, may request their incorporation without further processing to the Registry that establishes this law, with recognition of the category, age and experience they had in the previous Register. ' And because I have had to approve and sanction it; therefore, promulgate and take effect as the Law of the Republic. Santiago, 8 November 2005.-RICARDO LAGOS ESCOBAR, President of the Republic.-Sonia Tschorne Berestesky, Minister of Housing and Urban Planning. What I transcribe for your knowledge.-Teresa Rey Carrasco, Assistant Secretary for Housing and Urbanism.