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RE: Direct Supervision in Texas

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Rand:

With all due respect, I am not hung up on anything!  I was merely passing along accurate information on the unusually strict TBPE rules, interpretation, and enforcement related to plan stamping and direct supervision.  This was offered as meaningful follow-up to the discussion last week (ref:  Scary, Illegal, and Disgusting !!!).

The subject you now raise is an entirely different issue:  one engineer/firm replacing another engineer/firm as the engineer-of-record on a project.  That is certainly legal in Texas, but it is covered by an entirely different set of TBPE rules and interpretations.

Guessing at the unpublished details of any disciplinary action amounts to nothing more than idle speculation and is unproductive.

Stan

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Rand Holtham wrote:

Scott, Charley, and Jim,

Stan and I have been discussing this off line since last week, and I'm not sure he completely gets my point. By the way I'm licensed in Tx. My issue was that if someone prepares a design and gives it to me to sign, then I must perform ALL calculations and apply appropriate engineered judgment to that design prior to stamping it. In do this I have personally done the engineering work (the direct supervision clause doesn't enter in)  In addition to stamping it the registered engineering firm's logo must appear on that drawing. This fits the intent of the Texas Engineering Practice Act and I have confirmed this with the boards technical specialist (also a P.E.).

Now the twist that Stan is hung up on is if someone else does the engineering calcs for me (lets say an EIT and the direct supervision clause then applies) then I must stay in very close contact with the EIT and check every aspect of his work as if I were doing it myself. This of course save me no time but gives the EIT the experience. If I go on vacation then the EIT can continue to do the work I've laid out for him, I just have to check every thread of work he has done before I put my name on it. The bottom line is if someone questions your work can you prove what you did, both with your closeness to the engineering and involvement.

If I had to guess at the particulars of the disciplinary action I would say that this fella had someone working at his side business and he failed to check the fellas work before he stamped it. Also it may be that no licensed engineer work at this part time business significantly long enough (per day or week) to qualify as a registered firm in the state of Texas. A firm or individual cannot offer his services to the public unless through a Register Firm or Registered sole proprietorship.

Again the bottom line is that the person signing a drawing has to be able to prove due diligence for the information on the drawing (or omissions). I would doubt that this is very different in any of the other states.

Thanks for your time,

Rand

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