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RE: More "Responsible Charge" Stuff[Subject Prev][Subject Next][Thread Prev][Thread Next]
- To: <seaint(--nospam--at)seaint.org>
- Subject: RE: More "Responsible Charge" Stuff
- From: "Joe Grill" <jgrill(--nospam--at)swiaz.com>
- Date: Thu, 26 Aug 2004 09:05:58 -0700
The state of Arizona throws another curve at the profession that hurts the small offices. The work must also be done by a “bona-fide” employee. Contract workers would be covered, but, stamping a drawing that an architect did (even if the stamp is qualified to “structural only” or some wording) can’t be done even if the drawings were reviewed, red-marked and corrected to the engineer’s satisfaction. In this case (according to the state definition) the architect is not a contract employee. This on top of the further ambiguity of “direct supervision”.
Here is the pertinent article from the Texas Board of Professional Engineers’ website to which Stan refers:
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.
Now, I don’t know anything else other than what this guy is saying here, but if I’d been Mr. Perge, I’d have sued the b*st*rds.
This is no less than “restraint of trade,” and the TBPE ought to be ashamed of themselves.
There is NO DIFFERENCE between what this man did, and what thousands of other P.E.s do every single day across these United States. No difference, that is, except for one thing: It is probable that the work wasn’t done under Mr. Perge’s roof.
Every single day, work is done under the “responsible charge” of a licensed Professional Engineer who is in the next office, or down the hall, or even across the corporate campus from the one doing the grunt-work. In fact, I have been involved with firms that had offices in other CITIES, where the work of drafting and even design was done in one office, under the supervision of an engineer in the home office. The drawings were on a common server, and were plotted in the home office. The EOR supervised the work, nonetheless; in fact, he supervised several jobs simultaneously, and he checked the final work, and sealed it himself.
There is, I repeat, NO DIFFERENCE in this case, except that the fat-cat big firms would NEVER be prosecuted in this fashion.
This is, I REPEAT, restraint of trade and I DARE the TBPE to try to treat me in this fashion. I’ll have their butts in my lawyer’s sling.
I challenge this action on the part of the TBPE. On the fact of it, as described, it is unconscionable.
- More "Responsible Charge" Stuff
- From: Bill Polhemus
- More "Responsible Charge" Stuff
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