Practicing Engineering in a State while not having a license there.

[Berniedog]

I have been asked to prepare some seismic calculations for a state that I have no license in. The project specifications do not require a PE. Am I still responsible to have a license there?

 

[IRstuff]

Who wrote the project specifications? Unless they are the US government or similar, state laws have precedence.

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[TehMightyEngineer]

A little bit of a grey area but my understanding is "yes, but it varies".

See this PDF (

http://www.aia.org/aiaucmp/groups/aia/documents/pdf/aiab095375.pdf

) or look at that states rules for the definition of "practice of engineering" and see if this activity qualifies. Note that most states will give you a temp. stamp for those one-off projects that you often get.

Maine Professional and Structural Engineer.

http://www.fepc.us

 

[IRstuff]

That document is incorrect with respect to the definition of "practice" in California. It says "NO SPECIFIC DEFINITION OF "PRACTICE;" only included in engineering definition"

But,
6734. Practice of civil engineering
Any person practices civil engineering when he professes to be a civil engineer or is in responsible charge of civil engineering work.

clearly defines practice for this state law.


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[SLTA]

Call the state board and ask! In my state, practicing without a license will get you in trouble and fast, like maybe getting your actual license revoked.

Please remember: we're not all guys!

 

[TehMightyEngineer]

That document is incorrect

Good to know. In any case, the OP can easily look at the state laws directly.

Maine Professional and Structural Engineer.

http://www.fepc.us

 

[darthsoilsguy2]

the best and worse part of the US Constitution is the part where they let the States have the Powers not delegated to the Feds. In the case of engineering licensure, it is just the worse.

 

[lacajun]

I would not do anything that might even be construed as engineering work in another state without licensure in that state. It can only lead to trouble.

Pamela K. Quillin, P.E.
Quillin Engineering, LLC

 

[Berniedog]

Thanks for input. I will not do any work in any state now without a license even if the specification on the job states a license is not required.

 

[JAE]

A job specification can certainly not require a PE stamp but the state laws that govern engineering practice would control in any case unless there is an industrial exemption (the work is done from within a company, for the company and not for the public at large).

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[IRstuff]

In California, the industrial exemption covers consultants, etc., so such a contract in a state like California would be OK.

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[SLTA]

IRStuff, for structural too? That would mean everyone would just "consult" and no one would sit for the famously-difficult CA exam.

Please remember: we're not all guys!

 

[TehMightyEngineer]

An SE isn't needed in CA for low-rise buildings that aren't schools or hospitals IIRC.

Maine Professional and Structural Engineer.

http://www.fepc.us

 

[IRstuff]

Again, it only applies to work performed by otherwise exempt companies, so normal PEs and SEs require licenses.
This is what's exempt in the California law:

6737.1. Structure exemption
(a) This chapter does not prohibit any person from preparing plans, drawings, or specifications for any of the following:
2011 Professional Engineers Act 15
(1) Single-family dwellings of woodframe construction not more than two stories and basement in height.
(2) Multiple dwellings containing no more than four dwelling units of woodframe construction not more than two stories and basement in height. However, this paragraph shall not be construed as allowing an unlicensed person to design multiple clusters of up to four dwelling units each to form apartment or condominium complexes where the total exceeds four units on any lawfully divided lot.
(3) Garages or other structures appurtenant to buildings described under subdivision (a), of woodframe construction not more than two stories and basement in height.
(4) Agricultural and ranch buildings of woodframe construction, unless the building official having jurisdiction deems that an undue risk to the public health, safety or welfare is involved.
(b) If any portion of any structure exempted by this section deviates from substantial compliance with conventional framing requirements for woodframe construction found in the most recent edition of Title 24 of the California Code of Regulations or tables of limitation for woodframe construction, as defined by the applicable building code duly adopted by the local jurisdiction or the state, the building official having jurisdiction shall require the preparation of plans, drawings, specifications, or calculations for that portion by, or under the responsible charge of, a licensed engineer, or by, or under the responsible control of, an architect licensed pursuant to Chapter 3 (commencing with Section 5500). The documents for that portion shall bear the stamp and signature of the licensee who is responsible for their preparation.

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