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Re: Requirements for PE Sealing for Fabricated Material

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In Texas, all construction design work must be sealed by a Texas PE.  Products do not need to be sealed, as they are covered by product liability law rather than by construction law.  Let me give an actual recent example.
 
We recently designed a public park project that included a pre-engineered pedestrian bridge.  We designed the abutments and provided detailed specifications for the pedestrian bridge, including the requirement for drawings and calculations to be submitted with Texas PE seals.  The low-bid D/B contractor was in California.  They submitted drawings and calculations sealed by a Colorado PE (who was not a PE in Texas).  I asked the Texas PE Board if they considered a pre-engineered bridge to be construction or a product.  They responded that ALL bridges are construction.
 
Enforcement action was then initiated against the D/B contractor for offering engineering services in Texas without having at least one Texas PE on staff.  Enforcement action was also initiated against the Colorado PE for (1) practicing in Texas without a Texas PE license and (2) aiding and abetting a company offering engineering services without engineers on staff.  Also, neither the California nor Colorado firm was registered with the Texas PE Board, another violation.
 
About a month after we rejected the initial submittal, the D/B contractor resubmitted the original drawings and calculations, identical to the original submittal except for the addition of a Texas PE seal.  Enforcement action was then initiated against the Texas PE for plan stamping. 
Moral:  If you want to work in Texas, you need a Texas PE license and your firm needs a Texas PE registration.  About the only exceptions are Canadians and Mexicans.  Under NAFTA, they can get a temporary (3 year) renewable licenses via reciprocity. 
 
Epilogue:  We are working hard at establishing S.E. licensure in Texas.  Unless the effort gets derailed, this will happen via changes to the Texas Engineering Practice Act in the Texas Legislature 1Q11.  Right now, this effort has the support of SEAoT, ASCE/SEI, TSPE/NSPE, TCEC/CASE, and the Texas PE Board. 
 
Regards,
 
Stan
On Wed, Mar 31, 2010 at 11:21 PM, Paul Ransom <ad026(--nospam--at)hwcn.org> wrote:
Bill,
That depends on whether somebody is asking for sealed calculations/drawings.

For a structure requiring a permit issued by an in-state regulatory
authority, you most likely require in-state licensed professional ... unless
the element under question is part of a larger assembly for which there is
an "EOR" who does not require it for your element.

For something that is not regulated, it probably doesn't matter who sealed
it. The question then becomes whether the owner is satisfied with the design
basis, the qualifications of the designer and whether they want a
declaration (e.g. seal) on the documents.

The issue of equipment design comes to mind as an example. You don't ask the
foreign pump manufacturer for a TX seal.

Regards
Paul


> From: "bill(--nospam--at)polhemus.cc" <bill(--nospam--at)polhemus.cc>
> To: "<seaint(--nospam--at)seaint.org>" <seaint(--nospam--at)seaint.org>
> Subject: Requirements for PE Sealing for Fabricated Material

> I've got some calculations for some steel items that will be fabricated and
> assembled in one state, but permanently installed in another.
>
> It seems to me that the seal on the calculations should be for the state where
> they will be installed, but in this case the engineer's seal is for the state
> in which they are being fabricated.
>
> Does it matter?


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