Newsletters

September 1999

ISSUE 24

FROM THE CHAIR

In our 1998 Newsletter, I asked on behalf of the then South Dakota Commission of Engineering, Architectural & Land Surveying Examiners, that all South Dakota registrants and their professional societies and organizations give their assistance and cooperation in the statute rewrite introduced in the 1999 State Legislature session. I’m happy to say that this cooperative assistance was given and was certainly a factor in the successful passage of the statute rewrite.   This cooperation also prevailed in the comments and suggestions presented at the Commission’s May 1999 public hearing on the proposed rules.  The present South Dakota Board of Technical Professions thanks all registrants for this cooperation and assistance.

Ann Whipple, Warren Fisk, and I recently had the privilege of representing the South Dakota Board at the 78^th annual meeting of the National Council of Examiners for Engineers and Surveying (NCEES). Ann Whipple was presented with the NCEES 1999 Meritorious Service Award at this meeting and the South Dakota professionals can be proud of this national recognition accorded to Ann by her peers.  Please let Ann know of your own congratulations when you visit or talk with her.

Several items of the many presented at this meeting have left a lasting impact with me that I feel worth of sharing.  While the "Model Law" has been the principal guide for the States and Territories in their enactment of their individual statutes, we are finding that this licensing model is rapidly being challenged in the globalization of the practice of engineering and surveying.  The reciprocal or comity registrations between countries rather than just states are definitely on the table as we enter the Millennium.  The issue that may have the largest impact in this evolving world of technical licensing is that of computer based testing (CBT).  Various committees and task forces are moving forward in the adoption of a staged time frame for possible offering of CBT for the FE, FLS and the PLS by April 2003 and then each quarter thereafter.  The move toward 100% objectively scored-no choice format examinations is also moving forward.  It is anticipated that Group I Environmental will be given initially in October 1999 and the others to follow in the April or October test periods of 2000 and 2001.

An alarming presentation on examination security and high-tech cheating caught the attention of every state board present.   The technology of cheating on examinations is not limited to someone who sat for the same examination earlier or looking at another candidates answer sheet as it was when you were in grade school. Today, high tech approaches of industrial espionage represent low-cost low risk means of stealing examination materials and presents a real threat to the viability of any testing program.  Fortunately, the national documented cheating to date has been very limited in the area of NCEES examinations.  This has not been true in almost all of the other professions.  This alarming trend leads me to believe that the old three legged stool analogy for stability of professional technical licensing needs to be expanded.  This past explanation of the three legs needed for stability have long been referred to as education, examination and experience (the 3 E’s).   For more complete stability, a fourth leg title ethics should probably be added.   In fact, there are many licensing boards considering the addition of an examination in ethics in some format as a future requirement to licensure.  With the health, safety, and welfare of all citizens both continentally and globally at stake, this in itself will probably spark future board consideration.

Fred Rittershaus, P.E., L.S.

OUR PERSONAL RESPONSIBILITY

Many of us remember the excitement of receiving our license to practice our professions.  Our license demonstrates that we have met rigorous training and experience requirements.  Over time as our professional and personal lives become more complex, we often delegate certain responsibilities to our subordinates. However, as a licensee certain responsibilities remain our own.  Our signatures announce our professional credibility and willingness to take personal responsibility for our work.  This is crucial for protecting the citizens of South Dakota.

Whether we work for a unit of government or for a private entity, license renewal is also our responsibility.  Our supervisors, administrative assistants, or the Board are not responsible to make sure we renew our licenses. Maintaining our license is our personal privilege and responsibility. Your license is important to your development as a professional practitioner to protect the citizens of South Dakota.  The ramifications for not renewing your license within the required time period are serious.  The expense in time and money is quite small compared to the benefits.

EXAMINATIONS SCHEDULE
(The Board would appreciate your sharing information about these examinations.)

RESPONSIBLE CHARGE

Any office physically located and maintained in this state to offer engineering, architectural, land surveying, landscape architectural, petroleum release assessment, or petroleum release remediation services shall have an appropriately licensed person who is regularly employed in that office and who has responsible charge and direct supervision and control of all professional services.  A licensee who renders occasional, part-time, or consulting services to an office may not be designated as the person in responsible charge for the professional activities of the firm or office unless a schedule is posted at the office for the public’s knowledge stating when the licensee is physically in the office.  A resident licensee must be in responsible charge in each separate office where professional work is performed.  The resident licensee can be at only one place of business at one time.  If you have a firm performing professional services in one location in the morning or on Monday, Wednesday and Friday and in another location in the afternoon or on Tuesday and Thursday, the licensed professional could be the resident licensee for these two locations.

Sole proprietorships, partnerships and corporations renewing their certificates of authorization this year will be required to list on the application the resident licensee at each office and branch office located in the state of South Dakota.  Such licensees can be the resident licensees at only one place of business at one time.

Practicing or offering to practice professional services without a current license is a violation of state statute and will be prosecuted.

 WHY REGISTRATION?

Protection of public health, safety and to a certain extent, welfare.  Why should anyone obtain registration?  This publication is directed primarily to practitioners who are registered, but they and others who read it may encourage other qualified graduates to seek registration.  Why?   First, there is great personal satisfaction in determining that one is able to meet the standards of practice required to compete with peers in practice of a chosen profession.  After all, it opens opportunities for wider employment or establishing a personal practice.  It offers incentives for new and better qualifications by the required continuing education programs and opens doors to enter professional organizations.  There is no better time to take examinations leading to registration than now.

Ray Hengel, Architect

CERTIFICATE OF AUTHORIZATION

Any business entity that desires to practice engineering, architecture, land surveying, landscape architecture, or petroleum release assessment or remediation in this state shall register with the board by making application for a certificate of authorization.  A business entity is responsible for the conduct or acts of its agents, employees, officers, partners, members, or managers.   No person is relieved of the responsibility for that person’s conduct or acts performed by reason of that person’s employment by or relationship with a business entity.  A licensee who renders occasional, part-time, or consulting services to or for a business entity may not be designated as the person in responsible charge for the professional activities of the business entity.

This office shall be notified when there is a change in the person or persons designated to be in responsible charge.  Failure to file a written notice with the Board within 30 days of any change that removes a licensed professional from a position of responsible charge shall constitute a violation of these regulations.

If you change employment, you should notify this office of the change even if you were not the licensed professional in responsible charge in your former office.

SEALS

The application of the licensee’s seal, signature and date constitutes certification that the work on which it was applied was done by the licensee or under the licensee’s responsible charge.  The seal, signature and date shall be placed in such a manner that it can be legibly reproduced on the following:

1. All originals, copies, tracings, or other reproducibles of all final drawings, specifications, reports, plats, plans, land surveys, design information, and calculations prepared by the licensee or under the licensee's responsible charge when presented to a client or any public or governmental agency.   A licensee may not review or check technical submissions of another licensed professional or unlicensed person and seal the documents as the licensee's own work;

2. Preliminary work shall contain a note that the submittal is Not for Construction, Preliminary, or other such explanation that it is not final;

3. In the case of multiple seals, the title or index sheet may be sealed, signed, and dated by all involved.  In addition, each sheet shall be sealed, signed, and dated by the licensee or licensees responsible for that sheet;

4. Drawings that are transmitted electronically to a client or governmental agency shall have the computer-generated seal removed from the original file.  The electronic media shall have the following inserted in lieu of the seal, signature, and date:  This document originally issued and sealed by (name of licensee/sealer), (title), (license number), on (date of sealing).   This media should not be considered a certified document.

 REINSTATEMENT

A person may reinstate an expired license within three years after a license’s date of expiration if the person is otherwise qualified.  The fee for the reinstatement of the license after it has expired shall be $170.  A person requesting reinstatement of an expired license shall complete the requirements for continuing professional development and any reexaminations.  If a person fails to reinstate an expired license within the three years after the expiration, all relevant files shall be destroyed.  A person requesting licensure after three years shall submit an application for a new license.

INACTIVE

Any licensed person may request that their license be placed on inactive status.  A fee to place files on inactive status shall be $40 biennially.  Failure to render any fees required for inactive status shall result in the automatic termination of inactive status.  Return to active practice requires 30 PDH during the previous 2 years and the $70 renewal fee.  No person may practice or offer to practice while their files are inactive.

RETIRED

Former licensees of South Dakota who no longer practice or offer to practice may request retired status from this office.   Renewal fee is $10.00 biennially and PDH requirements are waived.  Licensees cannot have had a professional license revoked in any state.  They can use the appropriate title with the notation "Retired".

ENGINEERING DEGREE REQUIREMENTS

A person who has begun the requirements for licensure without minimum education and has qualifying experience as of July 1, 1999, shall apply to the board before July 1, 2004, for approval to take the examination under the qualifications that previously existed under § 36-18-7.4.

 APPOINTMENT TO THE BOARD IS NOT JUST AN HONOR

Members of the Board are not figureheads; they work hard, giving many hours of their time to regulate their professions in the best interest of the public.

• Warren Fisk, PE/LS, who has served on the Board since April 1985, has been active in state land surveying activities, national committees, and served as national president of the National Council of Examiners for Engineering and Surveying.

• Fred Rittershaus, PE/LS on the Board since 1992, has served three terms as chairman of the Board and took a proactive stance with the current changes in our statutes.

• Wally Larsen, PE/LS, service since 1993, is retired from DOT with an excellent knowledge of state government and how it works; he has been invaluable during statute rewrites and rules hearings.

• Dale Jans, PE, who has served since 1993, is a contractor who has brought a different prospective to the Board, serving more as a semi-public member with a professional engineering background.

• Ray Hengel, Architect, has served since 1990, and has been active in both scoring the architectural exam prior to computer scoring and providing examination problems.

• Mark Aspaas, Architect, serving since 1993, has scored the exam prior to computer scoring, has served as chairman of several National Council of Architectural Registration Boards exam committees, and is currently serving as Regional Secretary/Treasurer.

All of this contributes to a Board that is effective and is respected nationally.  The people of South Dakota are fortunate to have dedicated professionals who are willing to give themselves to the regulation of their professions and to the safeguarding of life, health, and property.

The Commission accepts MasterCard, Visa and Discover credit cards for all fees, including applications, examinations, and renewals.

CORRECTION NOTICE

The August 1998 newsletter incorrectly reported that a cease and desist order had been given to Johnson Controls for practicing engineering without a license.  This was incorrect.  The Commission’s legal counsel had given a positional letter to Johnson Controls requesting that the company cease unauthorized engineering practice and stating the Commission’s intent to seek court resolution.  Johnson Controls responded that it was a "qualified provider" within the meaning of the Guaranteed Energy Savings Contract statute.  Without hearing, the matter was subsequently resolved.  Johnson Controls now has a Certificate of Authorization in South Dakota and has advised the Commission that it will continue to provide service in South Dakota as a "qualified provider" within the meaning of the Guaranteed Energy Savings Contract statute.

Q: My firm has traditionally provided both design and construction-phase services for our clients on most projects.   However, in recent years, I have observed that clients are increasingly retaining my firm to provide only design services and not construction-phase services, and either performing the construction-phase services themselves or retaining another firm to do that.  Not only has this significantly affected my firm’s bottom line, but also it concerns me that my firm does not have a knowledgeable representative on-site during the construction phase to make sure that there is no implication that construction problems are the result of design errors or omissions.  Any suggestions?

A: No person other than an architect or professional engineer may provide architectural and engineering services which include construction administration services on projects that are not exempt.  The architect or professional engineer of record or another designated architect or professional engineer without conflict of interest shall provide a written report of observed deficiencies or variations from the submitted plans and specifications to the building official, owner, and builder before project completion.

This office is not permitted to license or renew anyone who is in arrears for unpaid child support in South Dakota. Delinquent registrants will be denied licensure until arrangements are made with the State Department of Social Services.

ETHICS

Licensees share a responsibility for honesty on the reference forms they sign for those seeking licensure.  As a reminder, 20:38:20:01 (23), states it is an ethical violation to further an application of an unqualified applicant, and 20:38:20:01 (25) states it is illegal to engage in conduct involving dishonesty, fraud, deceit or misrepresentation.  A violation of either of these rules by a licensee would be cause for a complaint to be filed, resulting in appropriate disciplinary action from the Board.  When you put your signature on that sheet, you are vouching for the credibility of the information contained in that document.   If you sign false information, you are also putting that candidate at a disadvantage for the exam.  You may be signing off on experience and training desperately needed for passing the exam.

There is nothing more important than the next generation of professionals.  We all have a stake in their development and training.  The worst thing we can teach them is that ethics does not matter.   Let’s make sure we start them off with the best possible training and the highest ethical standards. It is well worth it.

We no longer publish a roster of licensed people and businesses. Current roster information can be found at www.state.sd.us/dcr/engineer. Also we sell either a computer printout or diskette for $10.00.

DESIGN - BUILD

The Board of Technical Professions recognizes that the design/build method of project delivery is growing rapidly.  As a result, the board feels it is our responsibility to the public to ensure that those providing this service are doing so in accordance with the current statute and related board rules.  Design/build services include the building delivery system where the design and construction of a building is accomplished by a single entity.  The code is clear that only an architect and engineer licensed in South Dakota may offer to provide professional design services unless the building is exempt.

It is unlawful for a contractor or any other non-professional to offer to provide architectural or engineering design services to design a building.

The entity could be any one of the following, provided that the architect and engineer are engaged prior to the team offering design/build services:

Architectural and engineering lead team, including general contractor.
General Contractor lead team hiring an architect and engineer.
Developer lead team hiring contractor and architect and engineer.
Construction manager hiring general contractor, architect and engineer, etc.

A written disclosure is required at the time of the offering that the architect and professional engineer are contractually responsible for the entity and will have direct supervision of the work.

INTERN AND ARE NEWS / IDP

The South Dakota Board requires completion of a three-year internship prior to being eligible to take the examination (ARE) leading to licensure.  The purpose of the Intern Development Program (IDP) is to assist in the development of competent registered architects.  Although South Dakota currently allows credit to be retroactively documented, you are strongly encouraged to begin IDP documentation with NCARB at (202) 879-0500.

NEW MONOGRAPH – "WIND FORCES" – 14 CONTACT HOURS

Wind Forces provides information about wind and its implications for buildings, using mathematics to determine design wind pressures in illustrative examples.  NCARB will award architects who pass the quiz 14 contact hours toward South Dakota’s requirements for PDH.  Unlike the previous four monographs (Energy-Conscious Architecture, Indoor Environment, Subsurface Conditions and Fire Safety in Buildings), the monograph and quiz are being offered separately.  The cost of the monograph is $35 and the quiz, which is needed for continuing education credits, is $70.  If ordered together the cost is $100.  For more information or to order any of the five monographs, call (202) 783-6500 or visit the website at ncarb.org.

ARE Practice Program Available

A practice program for the graphic divisions of the ARE is now available through NCARB’s website.  The practice program contains sample vignettes for all three graphic divisions that allow candidates to practice solving the problems and to become comfortable with the interface.  Users can download the free software at ncarb.org.

EXECUTIVE DIRECTOR

Ann Whipple has been employed by the South Dakota State Board for thirteen years and currently serves as Board Administrator.   Whipple has been active on several NCEES committees, serving for six years on the Member Board Administrators Committee and for three years on the Communications Committee.   She has also served six years as the Central Zone secretary-treasurer.   Whipple has served as a representative with ABET inspection teams and is active in representing the South Dakota Board to professional societies and public officials.   Whipple has often represented the South Dakota Board at legislative hearings.   Whipple has been recognized for her dedicated service with the "Outstanding Contribution to the Land Surveying Profession Award", the "Central Zone Award", and the NCEES "Meritorious Service Award".

The Council of Landscape Architectural Registration Boards (CLARB) announces the Student Outreach Initiative, a new program aimed at increasing the communication and understanding of licensure process for students of landscape architecture.

As a first step toward this goal, CLARB has developed Student Information Packets that are now available for distribution.  These complimentary packets include information on the importance of licensure, the Landscape Architect Registration Examination (LARE), registration requirements from local registration board, information on study material for the LARE, information on how to record professional experience, and recent copies of CLARB News, a quarterly newsletter devoted to landscape architectural licensure issues.

Student Information Packets also include a special offer for students to begin a CLARB Council Record and begin compiling the necessary information for applying for the LARE.  This program has helped thousands of landscape architect interns navigate the licensure process smoothly.  Students, student groups, educators, and practitioners may submit requests for Student Information Packets to CLARB, 12700 Fair Lakes Circle, Suite 110, Fairfax, VA 22033.  Please allow several weeks to receive materials.

The Board has had a busy year.  We got the statute rewrite through the legislature, not completely intact, but with a good foundation on which to build.  We had a lot of help from various groups I cannot mention for fear of leaving someone out.  For those of you involved with the statute rewrite, it may be easier to list the things we asked for and did not get.  We did not get the exemptions we requested and in fact the exemptions were increased to 4,000 square feet minimum for all buildings.

The exemptions remain similar to previous wording with occupancy and square footage.  We did not get unlicensed practice, but we did get injunction relief and cease and desist orders to clarify the statutes.

Now for some of the things we did get.   We changed our name to the Board of Technical Professions; Construction Administration; Inactive Status; Retired Status with titles retained; sole proprietorship for Certificates of Authorization; more options for disciplinary actions; deleted engineering status by experience only; and fee increases.

FEE SCHEDULE

REVIEW AND APPROVAL OF PLANS PREPARED BY OTHERS

Architects and engineers may not seal plans prepared by others.  Although an architect and engineer may have a contractor’s shop drawings that have already been prepared, sometimes by an architect or engineer licensed in another state, they must recalculate, redraft, and resubmit the plans.

We have the greatest respect for contractors and most possess a great deal of awareness, knowledge and experience in the construction industry.  Many are perhaps more knowledgeable than some architects and engineers in issues relating to required design and construction.  However, they are not educated the same way.  They can produce "designs" based on past experience, but they do not do so based upon application of architectural and engineering principles.  Even if they do understand basic architectural and engineering principles, how is the public safety ensured?  Do we just shrug our shoulders and say, "He seems like a smart contractor, let’s let him practice engineering?"  It is wrong to argue that someone with "highly developed design skills" gained through construction experience can safely and consistently produce good engineering or architectural designs.

It is a mistake to ask the contractor to produce detailed drawings.  While it is common to utilize a contractor with good experience to develop conceptual plans or cost estimates, to use a contractor to develop fully detailed plans and specifications without an architect and engineer is putting the cart before the horse.  Why not simply hire an engineer and architect in the first place?

While an architect or professional engineer may diligently review every calculation and detail to a complete degree, the effort involved to adequately check a set of plans and calculations produced by others, in reality, takes almost as much time, if not more time, as designing it from scratch.   There is not a great deal of efficiency found by adequately checking someone else’s work, and in some cases, great inefficiencies are developed when the architect or engineer discovers flaws in the contractor’s design.

The prohibition against plan stamping is primarily focused on creating the incentive to seek out and hire an appropriate architect and engineer to do the work in the first place!  It is an effort to ensure public safety by requiring designs to be prepared by appropriately trained individuals.

CHECK US OUT ON THE WEB!

To provide current and easily accessible information, the Board continues to update its website.  A Roster now includes names, addresses, phone numbers, license numbers, and license expiration dates for all current licensees.  You may check the status of any licensed person and business or see if we have your current address.  The public, other licensing boards and state agencies may view this information.  Look for us at "state.sd.us/dcr/engineer".

Sample topics listed on our home page include:

• Application information and Forms
• Fee Schedule
• Renewal Information
• Continuing Professional Development
• Statutes and Rules
• Roster

DISCIPLINARY ACTIONS

In order to protect the high regard in which licensed professionals are held, it is vital that everyone report suspected violations of either technical or ethical standard to the Board.  With a professional license comes the often very difficult responsibility of ensuring that the high standards of the profession are maintained.

98-01	Surendra Ramana:  Unlawfully engaged in practice of structural engineering on behalf of TRC International. Added in to his file from South Carolina.
98-04	Walter Stepanek: The licensee will not be allowed to renew his license in South Dakota upon expiration; that licensee will not practice engineering in any of the 16 states in which he is now licensed and will not renew any licenses therein, except as may be necessary to resolve and bring to a proper closure his office opened in Florida.
98-07	David Remely: License will not be renewed upon expiration.
98-08	Investigation pending on questionable business practices.
98-09	Dismissed without merit.
98-10	David Stadheim: Letter of caution.
98-11	Chi S. Lee: Assisted Stellar Communication to provide or offer engineering services without Certificate of Authorization.  Information will be added to his file from the Oklahoma Board.
98-12	Affidavit filed correcting plat and set pins. Case dismissed.
98-13	Case dismissed without merit.
98-14	Case dismissed.  Architectural plans include structural engineering plans.
98-15	Donald J. Kelley: Unlicensed practice; letter of caution.
98-16	Harvey Jacoby: Firm practiced before licensure, information added to file from South Carolina.
98-17	David W. Day: Firm practiced before licensure; information added to file from South Carolina.
98-18	M-Retail Engineering, Inc.: Practiced before licensure; information added to file from South Carolina.
98-19	Insufficient evidence; dismissed without merit.
98-20	Insufficient evidence; dismissed without merit.
98-21	Insufficient evidence; dismissed without merit.
98-22	Investigation pending against professional engineer for unprofessional conduct.
98-23	Steven Wayne Davis: Reprimanded and costs of $1,000 for practicing architecture before registration by preparing, signing and sealing plans.  The firm of Schenkel Shultz was reprimanded.
98-24	Clyde D. Pope,  Jr.: Affixing seal to unlicensed person’s plans; information added to his file from Arkansas.

KEEP IN TOUCH

Have you changed jobs in the last year?   Have you moved?  We need to know it!  We mail renewal notices, these newsletters and other correspondence to you at the last address you have given us.   If you have moved or changed jobs, please let us know!  You may send the information by fax at (605) 394-2509, mail, or e mail.

If you want a compilation of our new statutes and rules, please contact us at the Board of Technical Professions, 2040 W. Main, Suite 304, Rapid City, SD 57702-2447. Or send us the form below: