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RE: Direct Supervision in Texas

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Title: Message
Stan,
 
With that "personally present" thing how does a principal who signs the plans ever go on vacation?  Or to a seminar to get CEU's to maintain his license?  Sounds overly restrictive to me.
 
Jim Persing
-----Original Message-----
From: Caldwell, Stan [mailto:scaldwell(--nospam--at)halff.com]
Sent: Tuesday, April 13, 2004 2:05 PM
To: rand(--nospam--at)sigmaengineers.com; SEAINT Listserv
Subject: Direct Supervision in Texas

Rand:
 
I finally found the document that I was looking for.  What follows is cut and pasted verbatim from Section III of a recent TBPE publication entitled "Firm Registration Guidance Document":
The Board has defined “direct supervision” in Board Rule 131.18(9) as “critical watching, evaluating, and directing of engineering activities with the authority to review, enforce, and control compliance with all engineering design criteria, specifications, and procedures as the work progresses.  Direct supervision will consist of an acceptable combination of: exertion of significant control over the engineering work, regular personal presence, reasonable geographic proximity to the location of the performance of the work, and an acceptable employment relationship with the supervised persons.  Engineers providing direct supervision of engineering under the Texas Engineering Practice Act, 18(b), shall be personally present during such work.” 
I also thought that you might be interested in reading about a recent TBPE enforcement action against Mr. Dejan Perge:
Mr. Dejan Perge, P.E., Dallas, Texas - File D-1371 - It was alleged that Mr. Perge signed and affixed his Texas engineer seal to engineering design plans prepared by an employee of Mr. Perge's part-time engineering business. Although, Mr. Perge discussed engineering design issues with the employee and directed him to prepare the design, Mr. Perge was not personally present during the employee's performance of the engineering design. Therefore, it appears that Mr. Perge did not provide adequate direct supervision over his employee during the performance of the engineering design. The Board accepted a Consent Order signed by Mr. Perge for a Formal Reprimand and assessed him a $1,000.00 administrative penalty.
I hope that this material will clarify my previous statements on this subject.
 
Regards,
 
Stan R. Caldwell, P.E.
Dallas, Texas