Regulation of Air Conditioning and Refrigeration Practice

Qualifications, term, removal, officer

Section 3 provides that Board members serve three-year terms after appointment, or until successors are appointed and duly qualified.
Section 3 staggers initial terms: one member for one year, one for two years, and one for three years.
Section 3 provides that vacancies are filled only for the unexpired term.
Section 3 requires each member to qualify by taking the proper oath of office before performing duties.
Section 3 bars reappointment after serving a full term of three years.
Section 5 requires Board members to be: Philippine citizens and residents; at least 30 years of age; of good character; holders of BSME or Bachelor of Science in Air Conditioning and Refrigerating Engineering from a duly chartered recognized engineering school/college; and registered ACRE or PME engaged in active practice for at least 10 years—with a transition: one year after effectivity, only an ACRE may be qualified for appointment.
Section 5 also requires that a Board member be not connected directly or indirectly with any school for at least 5 years prior to appointment.
Section 6 designates the Commissioner of Civil Service as Executive Officer of the Board, to conduct examinations and designate subordinate officers; examination papers and minutes are kept in the custody of the Board Secretary.
Section 7 authorizes the President to remove any member for continued neglect of duty, lack of interest, incompetency, unprofessional or dishonorable conduct, or pecuniary interest in a school/institution/college/university where air conditioning and refrigeration engineering is taught, after the member has been given opportunity to defend himself in proper administrative investigation.

Board powers, inspection, enforcement assistance

Section 4 authorizes the Board to subpoena witnesses, compel attendance, and require production of books, papers, and documents in cases involving revocation, practice, or offer to practice without registration.
Section 4 allows any member of the Board to administer oaths or affirmations to witnesses appearing before the Board.
Section 4 provides that if a person refuses to obey a subpoena or refuse to testify or produce documents, the Board petitions the Court of First Instance, which may issue a subpoena requiring attendance and testimony or production of pertinent materials.
Section 4 states that refusal to obey the court subpoena or order may be proceeded against in the same manner as refusal to obey other court subpoenas or orders.
Section 4 tasks the Board to charge selection, development, preparation of all codes and recommended standards of practice in the field, and revisions for adoption by practitioners.
Section 4 requires cooperation with other government agencies to promote and encourage research in air conditioning and refrigeration.
Section 4 requires at least once a year inspection of refrigerating engineering works/projects/plants and corporations established in the Philippines to safeguard life, health, and property.
Section 4 also requires inspection of educational institutions offering courses in air conditioning and refrigerating engineering and performance of other duties affecting ethical and technological standards.
Section 4 makes the Director of the Bureau of Labor Standards and/or duly authorized provincial representatives, and competent registered engineers of chartered cities, as ex-officio agents of the Board to help enforce the Act.

Grades, scope of practice, definitions

Section 9 creates two grades of certificates of registration, in order of rank: (1) Air Conditioning and Refrigerating Engineers and (2) Air Conditioning and Refrigerating Technician.
Section 10 prohibits any person from practicing or offering to practice air conditioning and refrigeration engineering in the Philippines without a certificate of registration from the Board, unless exempted from registration.
Section 11 defines Air Conditioning and Refrigerating Engineering as professional work—whether for a fee, salary, compensation, or even without reward—consisting of consultation, investigation, inspection, valuation, design, or preparation of specifications/estimates, and taking charge of, supervising, undertaking construction/erection/installation/alteration, or rendering engineering service connected with manufacture/sale/supply/distribution, or managing/operating/tending/maintaining air conditioning or refrigeration equipment, machinery, or processes for works/projects/plants.
Section 11 also defines practice to include offering to practice by signs, cards, advertisements, or any other way, and using/assuming/advertising titles or descriptions that convey the impression that a person is an air conditioning or refrigerating engineer or of the other grade, or is engaged in practice as defined.
Section 11 defines “air conditioning and refrigerating equipment, machinery, or process” to include condensing systems (compressor, condenser, cooling towers, and auxiliaries), low side/evaporator systems (direct expansion coils; open type brine coolers; S & T brine or water coolers; brine/water and refrigerant pumps; refrigerant controls; dehumidifiers; air washers handling equipment and duct systems; cold storage and freezer rooms; ice-making accessories and equipment; refrigerant mains including insulation works), and refrigeration materials and supplies, hardware, and similar trade articles/components exclusively manufactured for service.
Section 11 defines “air conditioning and refrigerating works, project, or plants” broadly to include ice-making plants, air conditioning plants, storage plants, processing plants, manufacturing plants for air conditioners, refrigerators, beverage coolers, ice cream or ice drop machines, ice cans, air conditioning ducts (air grilles, fans, ventilators, dehumidifiers, cooling coils for condensers/evaporators, brine tanks/coils, storage coils/doors and hardwares, etc.), and service shops repairing such items.
Section 11 excludes from coverage works/projects/plants of less than ten tons refrigerating capacity or less than five tons ice-making capacity.
Section 11 defines “ton of Refrigeration” as absorption of 12,000 BTU per hour, taken as one horsepower of prime mover per ton for compliance.
Section 11 defines “ice-making” as 2,000 lbs of ice flakes, or cubes, blocks harvested every twenty-four hours.
Section 11 provides that capacity determination is by reference to manufacturer or local agent or by calculations/other methods by a registered engineer, and such determination is accepted as correct until the Board determines otherwise; the Board’s decision is final.
Section 11 states that tonnage rating for compliance is the total installed tonnage for use in such works/projects/plants, whether in operation or not, without regard to the number or capacities of individual equipment/machinery/processes.

Exemptions and when registration is required

Section 12 exempts registration for: (1) engineering students, apprentices, and others employed or acting as subordinates of a registered person, and (2) persons practicing refrigerating and/or air conditioning engineering in works/projects/plants of less than ten tons refrigeration capacity or less than five tons ice-making capacity.
Section 13 requires technological examination for all applicants for registration except where otherwise specifically provided in the Act.
Section 14 requires an applicant for Air Conditioning and Refrigerating Engineer registration (before admission to examination) to establish to the Board that he is at least 25 years of age, of good reputation and moral character, graduated from a duly accredited school/college after an approved course in mechanical engineering or electrical engineering, and has either (a) a specified record of additional four years or more of active practice in air conditioning and refrigeration engineering works, with a transition that after one year after approval of the Act, this four-year practice requirement subsection no longer applies, or (b) a graduation in air conditioning and refrigeration engineering plus an additional two years or more of active practice certified by the engineer under whom the practice was acquired.
Section 14 provides that applicants in charge of teaching air conditioning and refrigeration in an engineering school accredited with the Board may be regarded as being in active practice.
Section 15 requires an applicant for Air Conditioning and Refrigeration Technician registration (before admission to examination) to establish to the Board that he is at least 21 years of age; of good reputation and moral character; graduated from an accredited vocational/trade school offering air conditioning and refrigeration; or has a specific record of two years or more of active practice in plant operation, servicing, or trouble shooting certified by the engineer under whom practice was acquired; he must be competent to operate/serve/troubleshoot plants of less than thirty tons refrigerating capacity or five tons ice-making capacity; and he must have working knowledge and be able to read, write, and speak English or Spanish or any recognized dialects.
Section 16 requires examinations twice a year during every first Tuesday of March and September at a place fixed by the Board.
Section 16 requires written or printed notice to be mailed to each candidate who filed name and address with the Board at least 30 days prior to the first day of examination.

Examination ratings and registration without exam

Section 17 directs the Board to prescribe the scope and procedure of examination based on the applicant’s ability to perform the class of work for the grade and to prove sufficient technological knowledge to ensure safety of life, health, and property as well as economy and efficiency in design, construction, installation, maintenance, operation, organization, and management of air conditioning and refrigerating plants/works.
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