Engineer in Responsible Charge and Peer Review 2

[WKRP]

I have a small civil/structural engineering firm located in the US and am licensed in 30 states. We provide specality engineering services; design calculations for a specific type of equipment. These services are marketed to manufacturers of the equipment. I have two questions related to meeting the intent of various state laws.

First, we provide calculations only; the manufacturers are responsible for producing the drawings. We review the manufacturer's drawings for completeness and accuracy. We have authority to request changes in the drawings and, of course, would not approve or seal any drawing that did not follow our design intent. Many states require the engineer not only be an "engineer in responsible charge" but some go so far to state that the engineer receive a majority of his income from the company producing the drawings. Most of the companies we work with do not have a PE on staff. Would we be considered the engineer in responsible charge or is there another definition we could use?

Secondly, many engineers seek a peer review (typically to obtain a specific state PE seal on their work) for engineering performed by them. I realize the state laws are written to protect against plan stamping. During peer reviews I have provided, I either go through the designing engineer's calculations line by line or I produce dual calculations to confirm the original engineer's design. Similar to the first question, how would a third party provider of engineering services perform a peer review within the context of state laws?

Does anyone know of a legal authority I might turn to for clarification?

Thank you for any input.

WKRP

 

[Ron]

Based on your wording of your statements, it is likely that you are complying with the intent of the "responsible charge"; however, this definition does vary a bit from state-to-state. It would be better to check with each state in which you intend to do this type of work.

I have done similar work (and continue to do so) and treat it in much the same manner as you....I must have control over the final drawings even though they might be produced by their internal "designer". So far that has been acceptable.

One thing that makes this a bit clearer in my home state is that we have a rule about "delegated engineering services" which is what you are describing, I believe. In such services, we provide our engineering "product" to the engineer of record for review.

 

[MiketheEngineer]

Agree with Ron - BUT each state can have a slightly different "slant" on the subject. Just be careful.

BTW - if this is a "manufactured" product - many states have an exemption for this??!!

 

[WKRP]

Ron; Thanks for your comments. My home state actually has a clause regarding the review of engineering work done by a peer from another state. They allow review and sealing of work provided by others if the reviewing engineer assumes full responsibility for the work. In my mind, as soon a seal goes on the work, responsibility has been transferred.

Mike; I'll definately check into the "manufactured product" designation you point out. I think this might provide a very clear means of defining the product we are putting out the door.

Thanks again to both of you for your helpful insight.

WKRP