In Costa Rica, the Legislative Assembly issues laws and the Government decrees, which require regulations for their implementation. With the legislative power the situation is presented that, made the law, the executive power creates the regulations or regulations for its application, precision and development; but this later does not return to the Legislative Assembly to be evaluated if it is coherent with the approved law and the spirit of the legislator.
This has caused that there are regulations that even have elements contrary to the law that it claims to represent or with gaps around the law that generate distortions, even conflicts that end in legal processes such as administrative litigation.
As I expressed in another article, the specific destination taxes or fees must be evaluated by the Legislative Assembly, as well as their results every 10 years. Likewise, the legislature should evaluate the rules and regulations before they are applied to verify whether they are consistent with the law and the spirit of the legislator.
But there are surprises around the application of the regulations, cases where there is no legal basis, but as Thomas’s theorem affirms “What people believe is real, is real in its consequences”. Some of those who sell new extinguishers and recharge say that although the factory extinguisher expires in five or more years, they remove the factory label and give it a one-year validity. The argument used is “by the regulation of the Ministry of Health.”
Even officials of this ministry when they supervise businesses, sodas, workshops, grocery stores, etc. They consider this duration of 12 months and if it is not complied with, there are reprimands that could even imply the closure of the business due to its non-compliance if it is not done. The same happens with the small extinguishers that are used in vehicles and their possible fines by the
I experienced this situation in an agricultural business, it seemed absurd to me that the Ministry of Health did not respect the international regulations with which the manufacturers of extinguishers in the United States, Mexico, Taiwan etc. operate. For this reason, I asked this Ministry for the regulations that supported this one-year limitation. They sent me the regulations that turned out to be from the Ministries of Economy, Industry and Commerce, and the Ministry of Labor and Social Security (technical standard RTCR1997 portable fire extinguishers). The surprise is that, in this regulation, there is no time rule, it establishes that the manufacturer’s rules must be followed and of course recharged if it was used.
The annual recharge and possible sanctions have become a problem for economic activity, especially SMEs and vehicle owners, and therefore it is urgent that the ministers of the branch, MEIC. MTSS, MSP, MOPT act immediately.
They must report that there is an abusive and illegitimate practice of some of the extinguisher sellers and some public officials who must apply the regulation correctly and, on the contrary, establish a deadline
non-existent and arbitrary maturity.
They must also inform the public about the correct application of the regulation.
It is worrying that public officials apply norms on bases that do not exist, as well as that they demand it as a requirement for the health operating permit. It also happens that to grant or renew this permit the patent must be up to date, without considering that, in the case of agriculture, the legislation of most municipalities exempts this activity from the patent requirement.
Citizens and companies need simple, reduced procedures, with the greatest possible validity and transparent government regulations. Rules and regulations cannot be an end in themselves, but a means to facilitate and order private and public activity, and the relationship between the two.