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4specs Discussion Forum » Archive - Specifications Discussions #6 » design professional licensed in the state where the project is located « Previous Next »

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Ed Storer
Senior Member
Username: ed_storer

Post Number: 45
Registered: 05-2009
Posted on Saturday, October 19, 2019 - 02:00 pm:   Edit PostDelete PostPrint Post

This is a delegated design issue.

Is the "licensed in the state where the project is located" really necessary? Or is it just a matter of restating the legal requirement for in-state licencing.

I've found that structural engineers are very emphatic about "licensed in the State of Washington", but I think that it's redundant with the licensing laws.

I haven't really tried to track down the laws, but it seems that if one is designing construction, they need to hold a license for that locale.
ken hercenberg
Senior Member
Username: khercenberg

Post Number: 1243
Registered: 12-2006


Posted on Saturday, October 19, 2019 - 05:07 pm:   Edit PostDelete PostPrint Post

I don't know if it's still true but some jurisdictions used to allow PE's from other states to practice in their locale. I think that Washington, DC used to allow PE's from Maryland and Virginia to stamp docs used in DC but that was many years ago; I don't know if it's still true.

Then again I can't tell you how many times I've read through Structural Notes for projects in Seattle that refer to PE's licensed in the State of California. Since I'm sure they would 'never' just reuse Notes without editing them, perhaps Seattle is okay with Engineers from other jurisdictions designing structures. Heck, they have similar seismic conditions, right?
John Bunzick, CCS, CCCA, LEED AP
Senior Member
Username: bunzick

Post Number: 1793
Registered: 03-2002
Posted on Saturday, October 19, 2019 - 05:10 pm:   Edit PostDelete PostPrint Post

I'm not sure if you're asking about the relevant law, or about the wording in a spec. But, the professional engineer definitely needs to be licensed in the jurisdiction where the project is located, just like the engineer of record. MasterSpec section 014000 Quality Requirements captures this, stating "A professional engineer who is legally qualified to practice in jurisdiction where Project is located ...." Consider that the purpose of delegated design is to assign design responsibility for an element of work to a third party. That third party needs to comply with the relevant laws for licensing and conduct of business (which may extend beyond professional licensure) for the state where the project is. There' no reason why requirements would be different for the delegated design professional from the PE of record.
John Bunzick, CCS, CCCA, LEED AP
Senior Member
Username: bunzick

Post Number: 1794
Registered: 03-2002
Posted on Saturday, October 19, 2019 - 05:13 pm:   Edit PostDelete PostPrint Post

I think that a state may accept the fact that an engineer registered in certain other state is qualified, so they do not have to take the exam, but I think they still need to become registered in the state in question.
ken hercenberg
Senior Member
Username: khercenberg

Post Number: 1244
Registered: 12-2006


Posted on Saturday, October 19, 2019 - 05:25 pm:   Edit PostDelete PostPrint Post

I presume some states still grant reciprocity to Architects and Engineers from other states and at least require that they pay a licensing fee (hey, what state turns down free money?). I'd be curious if there are still states that recognize licensing by other jurisdictions without requiring the purchase of a license (or actual testing) by licensed Design Professionals in good standing in other jurisdictions.
ken hercenberg
Senior Member
Username: khercenberg

Post Number: 1245
Registered: 12-2006


Posted on Saturday, October 19, 2019 - 05:29 pm:   Edit PostDelete PostPrint Post

Oh, and I still state the location of the Project instead of using the catch-all "state where the Project is located." I agree with John that it needs to be stated in the Documents, preferably in Division 01 where delegated design is defined, as opposed to every spec Section where delegated design is included.
Ed Storer
Senior Member
Username: ed_storer

Post Number: 46
Registered: 05-2009
Posted on Saturday, October 19, 2019 - 07:44 pm:   Edit PostDelete PostPrint Post

Thanks John and Ken.

I think I'll put the requirement in 014000 and then reference it. All of my current projects are in Washington, so that makes it easier.

I hate useless repetition.
James Peter Jordan (Unregistered Guest)
Unregistered guest
Posted on Saturday, October 19, 2019 - 07:19 pm:   Edit PostDelete PostPrint Post

Reciprocity is not a trivial process. There are forms to fill out and documents to be submitted. NCARB Certification makes the process easier in most jurisdictions. However, design professionals who "practice" in states where they are not licensed/registered face sanctions from the state board. A recent case in Texas resulted in a $11,0000 fine.
Mark Gilligan SE,
Senior Member
Username: mark_gilligan

Post Number: 915
Registered: 10-2007
Posted on Sunday, October 20, 2019 - 09:59 am:   Edit PostDelete PostPrint Post

Any state that attempted to give blanket reciprocity to engineers licensed in other states would likely find that this was an improper delegation of state legislative authority.
Ellis C. Whitby, PE, CSI, AIA, LEED
Senior Member
Username: ecwhitby

Post Number: 480
Registered: 03-2003
Posted on Monday, October 21, 2019 - 10:22 am:   Edit PostDelete PostPrint Post

Federal projects often waive the requirement of being registered in the state or jurisdiction where the project is located. Registration in some USA jurisdiction is still required.
ken hercenberg
Senior Member
Username: khercenberg

Post Number: 1247
Registered: 12-2006


Posted on Monday, October 21, 2019 - 10:26 am:   Edit PostDelete PostPrint Post

Thanks Ellis. Perhaps that's where I received the impression that it was a Washington, DC practice. Obviously a fair amount of Federal projects have happened there over the years.
Ellis C. Whitby, PE, CSI, AIA, LEED
Senior Member
Username: ecwhitby

Post Number: 482
Registered: 03-2003
Posted on Monday, October 21, 2019 - 01:33 pm:   Edit PostDelete PostPrint Post

Federal projects happen in the entire DMV: DC, MD & VA. I have been involved in Federal projects nationwide and usually registration in the project location is not required (preferred perhaps, but not required).
Phil Kabza
Senior Member
Username: phil_kabza

Post Number: 647
Registered: 12-2002


Posted on Monday, October 28, 2019 - 08:10 pm:   Edit PostDelete PostPrint Post

I add "licensed in the Project jurisdiction" because I get tired of Owner reviewers who think they're really being clever by marking up the review draft with the name of the state. Of course, they never comment on the products or execution, but they do find all the bracketed bold options in a 50% draft and point them out. So helpful.
James Sandoz, AIA, CSI, CCS, CCCA
Senior Member
Username: jsandoz

Post Number: 284
Registered: 06-2005
Posted on Tuesday, October 29, 2019 - 08:57 am:   Edit PostDelete PostPrint Post

But, Phil, those who write "licensed in the Project jurisdiction" deprive me of the sick pleasure of reading "New Jersey" in a project manual that is for a project in Delaware. It's such an easy way to know something has been "re-cycled."

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