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Re: Direct Supervision in Texas

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Stan,

I didn't say the guy who brings a drawing was a licensed engineer he could
be anyone off the street with a drawing as long as I do the engineering
there is nothing improper about affixing a seal and emblem to that drawing.
And to Scott's question someone who is truly under my supervision can
provide "tactical support" to me as long as I verify their work with
analysis. I can't use the guy off the streets engineering (if he has any) I
or someone I'm supervising must do the engineering and I must verify it
either way.

Rand


----- Original Message ----- 
From: "Caldwell, Stan" <scaldwell(--nospam--at)halff.com>
To: <seaint(--nospam--at)seaint.org>
Sent: Wednesday, April 14, 2004 2:45 PM
Subject: RE: Direct Supervision in Texas


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Guessing at the unpublished details of any disciplinary action amounts to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

¤º°`°º¤ø,¸¸,ø¤º°`°º¤ø¤º°`°º¤ø,¸¸,ø¤º°`°º¤ø¤º°`°º¤ø,¸¸,ø¤º°`°º¤

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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