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RE: More "Responsible Charge" Stuff

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So the state of Arizona dwells in the dark ages too
Gary

On 26 Aug 2004 at 9:05, Joe Grill wrote:

> Bill,
> 
> 
> 
> 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".
> 
> 
> 
> Joe Grill
> 
> 
> 
> -----Original Message-----
> From: Bill Polhemus [mailto:bill(--nospam--at)polhemus.cc] 
> Sent: Thursday, August 26, 2004 8:37 AM
> To: seaint(--nospam--at)seaint.org
> Subject: More "Responsible Charge" Stuff
> 
> 
> 
> 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.
> 
> 
> This is Texas. It's a "Right to Work" state, which ought to give you
> some idea about how we think of "liberty" around these parts.
> 
> 
> 
> I challenge this action on the part of the TBPE. On the fact of it, as
> described, it is unconscionable.
> 
> 



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