Author |
Message |
Ed Storer Senior Member Username: ed_storer
Post Number: 45 Registered: 05-2009
| Posted on Saturday, October 19, 2019 - 02:00 pm: | |
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: | |
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: | |
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: | |
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: | |
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: | |
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: | |
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: | |
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: | |
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: | |
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: | |
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: | |
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: | |
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: | |
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." |