Image: South Dakota Board of Technical Professions.  
Image: South Dakota Board of Technical Professions Image: South Dakota Board of Technical Professions

Newsletters


AUGUST 2001

 ISSUE 26

Communicating with the Board

 

Web-site address:  www.state.sd.us/dcr/engineer Adm. Assistant (Exams):  Ruth Knapp
Executive Director:  Ann Whipple E-mail:  ruth.knapp@state.sd.us
E-mail:  ann.whipple@state.sd.us Secretary (Applications):  Amy Click
E-mail:  amyclick@state.sd.us

REPORTING VIOLATIONS

South Dakota Codified Law 36-18A-56 (14) states that proof of injury is not necessary for the Board to take action against a professional who fails to report known violations.  Also Administrative Rules 20:38:20:01(29) which establishes professional conduct states that all licensees who are aware of the violation of any of the rules of professional conduct by another licensee shall report the violation to the Board for investigation.

CERTIFICATES OF AUTHORIZATION

This office is still having some problems involving Certificates of Authorizations.  These licenses are to permit businesses to operate in the state of South Dakota.  They allow business letterheads, titles blocks, business cards, and such for businesses to offer to practice in our state.  These certificates are for sole proprietorships, corporations, partnerships, and limited liability companies.  The business must also have a licensed professional in South Dakota who is willing to take responsible charge of work performed in our state.  The individual may be active or inactive and may be an officer or an employee.  If inactive, the individual must become active before work is started.  A business may not maintain inactive status.  If a business does not wish to practice or offer to practice in South Dakota this office must still have a "Disclaimer Form" stating such.  We file these "Disclaimer Forms" and input them on our computer to show who the employer is.  Federal, State and municipalities are exempt.  If you have questions, please contact our office.  Applications are available either through our office or on our web site.

BUSINESS MUST HAVE APPROPRIATELY LICENSED PERSON IN CHARGE

Any office physically located and maintained in South Dakota shall have a person who is regularly employed in that office and who has responsible charge of all professional services.  A licensee who renders occasional, part-time or consulting services to a business may not be designated as the person in responsible charge unless a schedule is posted at the office for the public's knowledge and filed and approved by this Board stating when the licensee is physically in the office.  This may not sound too serious except all too often the clients are led to believe they are dealing with professionals when in fact they are dealing with unlicensed persons.  Some states have even had situations where a licensee's seal was left in an office to be used by the staff in the licensee's absence.  One licensee even provided his staff with signed and sealed stick-ons for their convenience.  This Board sees this as unethical and an abuse of public trust.

RESPONSIBLE CHARGE

What does it mean?  If you are in responsible charge, you sign and seal it.  You should have immediate and responsible direction.  You should have exercised personal direction, guidance, and control over the design, preparation of documents, construction administration and other professional services.  You should have exercised professional judgment in all matters relating to those services.   Mere review, no matter how detailed, cannot meet the requirement of the responsible charge.  If the professional in responsible charge does not have expertise in a particular area, they are to use licensed persons in responsible charge of services outside their own area of competence.  A seal is required on all final plans, specifications, land surveys, reports, plats, design information and calculations.  Some professionals may say that current law is too rigid and that sealing requirements should be broadened.  They maintain it does not allow interstate and international projects via electronic media.  In light of these concerns, how does the Board continue to be responsible to safeguard the life, health, property and welfare of the public?

THANKS TO BUILDING OFFICIALS!

The Board would like to recognize and express its appreciation for all the hard work of the building officials and their staff across the state.  The job of building officials is to apply code rather than design, so they are not normally licensed design professionals.  Licensees should not knowingly provide services that result in violation of building codes.  The Board supports the work of the building officials and recognizes their authority to protect the health, safety and welfare of the public.

IT'S YOUR DUTY

While a contract may be with the client, the design professional has a duty to design a reasonably safe environment for the public.  Building codes are a complex process based upon research, fire loss, emerging technologies and other factors.  The purpose is to provide a set of regulations, which represents a minimum level of safety for the general public by establishing maximum acceptable levels of risk to life and property.  Laws require design professionals act with reasonable care and competence, technical knowledge and skill which is ordinarily applied by others of good standing practicing in the same locality.  By failing to apply building codes to their projects, whether intentionally or not, design professionals are exposing themselves to increased liability.  As professionals you must know the purposes behind the building codes.  By knowing and using the building code as a tool rather than an obstacle, you can find creative ways to achieve the projects goals and perhaps save the client money.  Take the time to educate yourself on building codes, keep up to date with their changes, get involved in the code development process.  It's your duty and a very costly one to neglect.

BUILDING OFFICIALS ASSOCIATION

The South Dakota Building Officials Association periodically offers courses on the International Building Code (IBC) and other programs.  Many of these programs are available for continuing Professional Development Hours (PDH).  For more about their programs or membership, write to 214 East Capitol, Pierre, SD 57501 or phone 605-224-8654.

LAND SURVEYING COMMITTEE STUDYING MINIMUM STANDARDS

A committee of land surveyors is looking at some minimum standard guidelines.  Standards under consideration are violations for failure to show changes in direction, including curves, by either bearings, angles or azimuths.  If bearings are selected, then the basis of the bearings will be noted on the survey drawing.  At a minimum, curved lines should show radius, arc length and either central angle (delta) or chord bearing and distance.  This information is necessary for both proving mathematical precision and for assisting the surveyors following in your footsteps.

Another violation may be failure to use durable caps or markers on monuments used on the survey. The caps shall bear the name of the land surveyor in responsible charge and his/her license number. Also each survey drawing, including those to be recorded with the county clerk, shall have the name, seal, signature and date of the signature of the surveyor in responsible charge.  Other issues are being discussed.  Wally Larson, Warren Fisk, Brett Kennedy, Daniel Norman, and Dean Scott are some of the committee members.

NCARB MONOGRAPHS

South Dakota accepts all NCARB monographs for Professional Development Hours upon completion of passing the quiz.

Energy-Conscious Architecture 10 PDH = 10 AIA LU
Fire Safety in Buildings 10 PDH = 10 AIA LU
Wind Forces  14 PDH = 14 AIA LU
Subsurface Conditions  10 PDH = 10 AIA LU
Seismic Mitigation 10 PDH = 10 AIA LU
Low-Slope Roofing I  10 PDH = 10 AIA LU
Professional Conduct 10 PDH = 10 AIA LU
Sustainable Design  10 PDH = 10 AIA LU
Why Buildings Fail 10 PDH = 10 AIA LU

 All monograph quizzes may now be completed on-line.  Regular price for most titles is $195; NCARB Record holders may purchase them for $125 each.  To order a monograph, contact NCARB at 202/783-6500 or visit their web site at www.ncarb.org/publications.

ARE REVISED STUDY GUIDE

NCARB has recently published is Architect Registration Examination Study Guide in a fully revised format.  There are two complementing editions that reflect the nature of the exam itself. The ARE Study Guide:  Multiple-Choice Divisions and the ARE Study Guide:  Graphic Divisions offer test takers more flexibility and the added economic benefit of buying either volume when needed.  Each volume will be sold for $49.95 plus shipping and handling.

The ARE Study Guide:  Multiple-Choice Divisions reviews the following divisions:  Pre-Design, General Structures, Lateral Forces, Mechanical & Electrical Systems, Materials & Methods, and Construction Documents and Services.  This volume contains approximately 30 exam questions and answers for each multiple-choice division.  The ARE Study Guide:  Graphic Divisions review the Site Planning, Building Planning and Building Technology divisions.  This volume contains sample passing and failing solutions for the vignettes included on the practice program for the ARE graphic divisions. Contact NCARB at 202/783-6500 or visit the Council web site at www.ncarb.org for more information.

CONSTRUCTION ADMINISTRATION - OBSERVATION

SDCL 36-18A-46 requires construction administration services to be provided by an architect or engineer on all projects that are not exempt.  The professional shall provide a written report of observed deficiencies or variations from the submitted plans and specifications to the building official, owner and contractor before project completion.

Design professionals play two vital roles by being directly involved in construction observation.  The first role is to be the interpreter of specifications and drawings, helping the contractor bring reduced, two-dimensional drawings into third dimensional reality.  The second role is to act as the eyes and ears of the client to ensure that the value of what the client is spending in manifested in the project construction.

The depth and breadth of construction services vary depending on the size and complexity of the project.  A/E can be placed on site full time when the job was either complex or very fast paced. Normally, however, they participate in weekly or biweekly meetings with the idea of making sure that the project is progressing within the design intent and looking ahead proactively.  They also have ongoing responsibility to review project submittals and communicate with the contractor on a regular basis so that they are clear on the substance and intent of the construction documents.  In the best scenario, A/E will work with the contractor from early project design to maximize the project's potential for success.

Some think you increase your exposure to risk if you perform construction observation.  True, when you visit a jobsite, you may have an increased risk for claims of site safety.  But that risk (which is largely manageable) should be weighed against another and bigger issue.  When you design a project, you assume the associated liability, whether or not you visit the project.  In avoiding observation, you forfeit the opportunity to satisfy yourself that construction is proceeding, as it should.   No matter how detailed or near perfect your plans are, even the best contractor can't build from them without some degree of interpretation.  It is far better to protect your interest and those of your client by being there to provide clarification and interpretation.  Some client-written contracts contain onerous language that needs judicious editing.  For instance, a client contract may state that the purpose of construction observation is to "guard the owner against all defects" or to "assure complete conformance with the contract documents."  Both phrases can be construed as warranties or guarantees.  Agreeing to such overstated provisions jeopardizes your professional liability insurance coverage.  Your agreement should include the scope and fees necessary to provide adequate construction observation services as part of basic services.  Building Officials support the A/E through construction observation for many reasons.  Most important, A/Es supply the "why" behind the drawings. They have reasons for specifying materials and systems, which helps contractors interpret drawings quickly and correctly.  It is especially important on systems required by code.  When walking the site, the A/E can see what is happening and spot any deficiencies in process or materials.  They provide an additional oversight function that makes the building official's job easier and helps protect the public.  It can also help the A/E's professional development.  It's one thing to design something on paper, and another to build it.  By observing the construction process, A/E get the opportunity to see where things work well and where they don't.  That real world experience can only help future designs.

NCEES OFFERS NEW FE EXAM PREPARATION MATERIALS

The National Council of Examiners for Engineering and Surveying (NCEES) has developed new preparation materials for Fundamentals of Engineering (FE) exam candidates.  FE candidates can now purchase any of the six CD-ROMs that present NCEES practice problems in an accessible electronic format.  A CD-ROM is available for each of the six afternoon modules currently offered in the FE exam:  General, Civil, Chemical, Electrical, Mechanical and Industrial.  The new product features content similar to what is currently found in NCEES printed FE Sample Questions and Solutions publications but CD-ROM technology adds an exciting and useful dimension to the material. Each Practice Problems CD-ROM allows users to review practice questions in a tutorial approach where hints are provided, solutions can be reviewed and users can proceed at their own studying pace.  In the test mode users can complete a timed practice mini-exam.  Results and solutions are offered at the end of the exam.

The CD-ROMs join a growing list of NCEES FE preparation material, including the FE Supplied-Reference Handbook, FE Typical Questions and Solutions book and the FE Sample Questions and Solutions (discipline-specific) books.  The CD-ROMs are available on a discipline-specific basis for $29.95 and may be purchased from NCEES customer service at 1-800-250-3196 or their web site at www.ncees.org.

NCEES POSTS ON-LINE DIAGNOSTIC EXAM

Mirroring the development of the new exam format, NCEES has developed new preparation materials for civil PE candidates.

Internet Practice Examination--Civil PE candidates can now take a timed mini-examination via the Internet.  This on-line product offers the candidate the opportunity to sit for what amounts to half an exam, with half the number of questions administered in half the amount of time given during a real exam.  Candidates can purchase the Internet practice exam and take the exam in whole or in parts, at their convenience.  Upon completing each module (morning breadth and afternoon depth), the candidate will receive feedback on their responses, including the correct solution.  The Internet Practice Examination may be accessed at the NCEES web site www.ncees.org.

Sample Questions and Solutions publication--Sample questions are also available in a hard copy format.  This book features sample questions in each of the civil PE modules (morning breadth and five afternoon depth modules), complete with solutions and other information regarding the civil PE examination.  The Sample Questions and Solutions book may be purchased by calling the NCEES customer service at 1-800-250-3196 or the web site at www.ncees.org.

NCEES CHANGES NAME OF EXAM

The electrical PE exam is being changed to the Electrical and Computer Engineering examination effective with the April 2002 administration.  The name change is particularly appropriate, as it will coincide with the exam's conversion to a new breadth and depth format.  The April 2002 exam will contain both a morning module testing the breadth of electrical engineering and three afternoon modules testing the depth topics in electrical and computer engineering.  All candidates will work the same morning breadth module.  Then they will choose the afternoon depth module that best corresponds to their area of expertise.  Computer engineering is one of the depth modules, containing a balanced number of questions on hardware and software content as well as a small number of questions on networks.  The morning breadth module combined with the Computer depth module will be very appropriate for computer engineers.  Other afternoon depth modules are Electronics/Controls/Communications and Power.

FAQ REGARDING EXAMS

Exams can no longer be reviewed in South Dakota.

Why can't I review my exam?

Questions may be repeated on exams and the integrity of the questions is compromised by overexposure.  If some examinees are allowed to review questions, it may give them an unfair advantage over others.

In the past, essay problems could be appealed and rescored.  Why can't this policy be continued?

There was an element of subjectivity in grading essay problems due to the difficulty of reading handwriting, etc.  Thus, it was appropriate to permit an examinee to point out work that may not have received appropriate credit.  This situation does not exist with multiple-choice questions.  The grading of these questions is objective and very accurate.

How do I know the areas where I need to concentrate my study for the next exam?

If you are unsuccessful, you are provided with a diagnostic report that shows the percentage of questions answered correctly in each subject area.

Does a passing score of 70 mean that 70% of the questions were answered correctly?

No.  The required number of points (questions answered correctly) needed to pass the exam is determined in terms of the total points available on the exam.  The required number of points needed to pass the exam is referred to as the "raw passing score."  This raw passing score is always reported as the converted or scaled score of 70.

THE BOARD RECEIVES E-MAIL

The Board office often receives e-mails from individuals interested in applying for licensure or examination.  Many of these include descriptions of experience requesting if the individual qualifies. Please be aware that Board staff and Board members cannot determine if your application would be approved without a completed application and fee.  Please DO NOT e-mail us expecting to be informed if your application will be approved based on the information you provide.  You can download applications from our web site at www.state.sd.us/dcr/engineer.

WHY SHOULD I HIRE AN A/E?

In last year's newsletter, a landscape architect took exception to a quote in the above referenced article, "Architects are experts in building and landscape design."  The intent was to include landscape architects in the title "architect" rather than separate them out.  It is true that landscape architects are experts not only in landscape design, but also site planning and design, grading and drainage issues as well as other related issues.  They are a vital and important part of any project team.

Please let the Board office know if you have changed jobs or moved.  We mail renewal notices, newsletters, and other correspondence to your last known address.  You may send change of address by mail, fax 605-394-2509, or e-mail.

CAN ETHICS BE TAUGHT?

They can not only be taught but they can also be developed and enhanced.  It's true that it is difficult to change attitudes once they are ingrained, but it is entirely possible we can learn new skills and behaviors, including ethical skills.

There are at least six stages of moral development:

  • People believe that you should do the right thing so you won't get into trouble.
  • Some believe you should do the right thing so that others will give you something in return.
  • Others believe you should do the right thing so people will like you.
  • Some emphasize the importance of laws and rules and believe that following those guidelines is important for an orderly society.
  • Critical thinkers believe that society's laws may be flawed and there may be exceptions to the rules.
  • Others believe in universal ethical principles that go beyond a particular society's rules.

While it is difficult to bring about a significant change of ethics in an artificial environment, such as a classroom, it is possible.  Among other findings:

  1. Individuals must go through stages in sequence.  They cannot skip from Stage 1 to Stage 3.
  2. Generally, stage development is not reversible.  Once individuals have reached Stage 4, they will use Stage 4 as their dominant style for handling ethical dilemmas.  By the way, Stage 4 thinking is the typical style for adults.
  3. Individuals cannot comprehend moral reasoning at a stage more than one beyond their own.  It is best to reason with individuals based on their own level of development.
  4. Stage development occurs when one's cognitive outlook is inadequate to cope with a dilemma. Real change occurs when we confront real, not hypothetical, ethical problems at home and at work.
  5. We are inspired intellectually by those who are more mature in their judgment and in their behavior.  Our attraction to ethically superior people suggests not only that we are capable of being taught, inspired and led, but also that individuals who are more advanced in their reasoning skill have the obligation to speak up, teach and lead.

Ethical behavior comes down to character.  Character matters, conduct matters, actions matter.  In a society where skepticism abounds with "the ends justify the means" and just saying "I'm sorry" for one's actions, diminishes public trust.  If one cannot be trusted, then it is irrelevant how much knowledge, time or capability one has.  In a day when society is so skeptical, the licensee has an opportunity to stand above it all.  Licensees that believe honesty, sincerity, dedication, honor, courtesy and respect for others have an obligation to set ethical examples.

HOME INSPECTIONS UNDER AUTHORITY OF REAL ESTATE COMMISSION

Home inspectors must contact the Real Estate Commission to become registered or licensed.  This new regulation became effective on January 1, 2001.  There are two categories of home inspectors, registered and licensed.  The difference between the two categories is reflective of the path followed by the individual.  A person with a minimum of one-year experience as a home inspector and 100 home inspections is classified as a licensed home inspector.  A person who does not meet the experience requirements for a licensee can become a registered home inspector by completing a minimum of 40 hours of prescribed education.  Both categories are required to pass an examination.   For more information, contact the South Dakota Real Estate Commission at 118 West Capitol, Pierre, SD 57501-2000 or phone 605-773-3600 or www.state.sd.us/sdrec

HOW WILL I KNOW WHAT ACTIVITIES WILL COUNT FOR CONTINUING PROFESSIONAL DEVELOPMENT HOURS (PDH) REQUIREMENT?

The Board does not pre-approve courses or activities for PDH.  Qualifying activities may be sponsored or presented by college or universities, employers, government agencies, nationally affiliated professional or technical societies or other organizations and sole providers.  All activities must be relevant to the licensee's field of practice and may include 10 ethical or managerial content for each biennium.  Architects may present AIA/CES transcripts and 1 Learning Unit (LU) = l PDH.   Documentation should be kept for three years for audit verification purposes.

FREQUENTLY ASKED QUESTIONS ABOUT RENEWALS

How much is the renewal fee?

The renewal fee is $70.

When do I renew?

Renewals are due biennially on the last day of the month you were licensed.  You will be sent two notices.  One notice is sent approximately two months before due; a final notice is sent the month it is due.

How many continuing Professional Development Hours (PDH) do I need?

You are required to obtain 30 hours during the previous 2 years.  At least 20 hours must be in technical subjects pertinent to your profession and 10 hours may be in ethical or managerial subjects.

What happens if I am short PDH hours?

If you are short PDH, you may either request to put your license on Inactive Status and pay a fee of $40 biennially, or you may delay your renewal log until you have all your PDH.  If you delay, you must submit your log and pay a fee of $170.  This includes the late fee of $100 and the renewal fee of $70.   You may not delay your renewal for more than three years.  You may not practice or offer to practice during either of these scenarios.

When can I put my license on Retired Status?

You can retire your license at any time if you pay a fee of $10 biennially, no longer practice the profession, have not had license revoked in any state, and have been licensed for 10 consecutive years in South Dakota.  This allows you to use the appropriate title with "Retired."

What if I live in another state that requires continuing education?

If you live in another state that has mandatory continuing education, you may send in the other state's log or a signed affidavit that says you have met the other state's requirements.

What is a "contact hour"?

A "contact hour" means one continuous hour spent in activities to increase the professional's knowledge and competence.  One contact hour = one PDH.

Can I attach a copy of my AIA/CES transcript instead of completing the log?

Yes, provided the Learning Units (LU) are for the previous two years and total 30 PDH.

What do I need to keep for supporting documentation in case of an audit?

Examples of what you should keep in your personal file include certificates, agendas, handouts, invitation, copies of payments of fees, etc.  Please do not send documentation to the Board until it is requested.

Will credits accepted by my professional society count toward my PDH?

The acceptance of continuing PDH by a professional society does not guarantee acceptance by the Board.  Activities must meet all the requirements.

Where can I obtain a copy of the continuing PDH rules?

The rules are on our web site at www.state.sd.us/dcr/engineer.

QUALIFICATIONS-BASED SELECTION OF PROFESSIONALS

The quality of professional services is critical in determining the overall quality of a project, construction costs and life-cycle costs.  It is in the best interest of the owner to select the design professional with the most appropriate background for the project type as well as proposing the most appropriate approach of the design problem.  The selection should be based on the competence, experience and reputation of the firm and their ability to provide clients excellent service at a fair and reasonable price.  Qualifications Based Selection (QBS) is a process by which contracts are negotiated between the client and service provider on the basis of demonstrated competence and qualifications.

The QBS process allows the design professional to create a team environment with the client in developing a scope of work and building a relationship based on mutual trust.  This framework will optimize the quality of the final product, lower the overall cost to the owner and improve client satisfaction.  QBS leads to lower costs over the life of the project as a high quality design can lead to significant savings on the long-term maintenance and operation.

FREQUENTLY ASKED QUESTION ABOUT PROFESSIONAL RESPONSIBILITIES

Who is legally required to be responsible for the preparation, design and submittal requirements for electrical, plumbing and mechanical construction plans for projects to be sealed and signed?

Licensed professional engineers are required to be responsible for non-exempt projects.

Building officials receive prints of plans with a copy of the seal on them.  Is this acceptable or should each print be originally sealed, signed and dated?

The seal is placed on all original documents and signed and dated by the licensee.  In the case of documents that are on translucent material for printing, this would mean that the seal, signature and date would be reproduced.  Similarly, photocopies of sealed, signed and dated originals are acceptable.  The seal without the signature and date is unacceptable.

Construction plans are submitted with the same engineer's seal on structural, mechanical, plumbing and/or electrical drawings.  Should separate engineers representing each discipline execute these designs?  Construction plans are submitted where an architect has sealed structural, mechanical, plumbing, and/or electrical drawings.  Should an engineer do these designs, other than architectural?  What is a Building Official expected to do?

A licensee may have expertise beyond the discipline in which he or she is educated and examined.   While the building official should not be called upon to judge competence, any time he is confronted with the suspicion of incompetence, he should contact the Board so that it can make a judgment.   When a complete set of project drawings has been submitted bearing the seal of only one licensee, the Board suggests that the building official require that the licensee sign a statement as to authorship and competence.  A copy of any such signed form should be forwarded to the Board for its attention.  If a licensee refuses to sign such a statement, the Board should be notified immediately.  Regardless, the building official should notify the Board if he believes the registrant of one discipline is incompetent to seal the work of another discipline when the documents look incomplete or suspect.

What does an A/E do when there is no building official or building code?

The Uniform Building Code is the standard of care and should generally be followed.  There is a greater duty upon the design professional to comply when there is no building official.  The standard of care is heightened when there is no building official on site to approve.

Are A/E required for "strip" malls?

First-time occupants for strip malls unless exempt must have A/E for the design of each section of the building.  This includes architectural, HVAC, structural and plumbing.  After that, design is only necessary if there are major changes for occupancy such as the use, occupancy classification, or occupant load, or the exiting, structural, mechanical or electrical systems as defined by the building code.  Building officials cannot be less stringent than the state laws, but they can be more stringent.   Check it out with the building official in your locale.

WHAT DOES A LANDSCAPE ARCHITECT DO?

Landscape architects prepare preliminary studies, provides land-use studies, develops design concepts, plan for the relationships of physical improvements and intended uses of the site, establish form and aesthetic elements, analyze and provide for life safety requirements, develop construction details on the site which are exclusive of any building or structure and do not require the seal of an engineer or architect, prepare and coordinate technical submissions, and conduct site observation of landscape architecture projects.

Landscape architecture, for the purposes of landscape preservation, development and enhancement, includes:  investigation, selection and allocation of land and water resources for appropriate use; feasibility studies; formulation of graphic and written criteria to govern the planning and design of land construction programs; preparation, review and analysis of mater plans for land use and development; production of overall site plans, landscape grading and landscape drainage plans, irrigation plans, planting plans and construction details; specifications; cost estimates and reports for land development; collaboration in design of roads, bridges and structures with respect to the functional and aesthetic requirements of the areas on which they are to placed; negotiation and arrangement for execution of land area projects; field observation and inspection of land area construction, restoration and maintenance.  Street design and storm drainage systems, including subsurface systems and component structures, is within the definition of the practice of engineering and not within the definition of landscape architecture.

WHO IS RESPONSIBLE?  BUSINESS ENTITY OR LICENSEE?

Both the business entity and the licensee are responsible for material error, discrepancy or omission.   SDCL 36-18A-48 states that a business entity is responsible for the services performed.  No licensee is relieved of the responsibility for their conduct or acts performed by reason of that person's employment by or relationship with a business entity.  In most situations, the business entity has the records and history of the project and the licensee has the personal recollection of the involvement.

FIRE PROTECTION SPRINKLER SYSTEMS

It is the responsibility of the licensed design professionals to be thoroughly familiar with the requirements for the preparation, review and approval process of fire protection sprinkler plans in South Dakota.  Professional engineers must seal, sign and date those portions of the plans and/or performance specs.  The design can be either limited or extensive, depending on the design professional, and can be schematic in nature.  The design professional is still responsible for all shop drawings and plans whether it is a detailed plan or a paragraph in the specs.

DISCIPLINARY ACTIONS

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

98-22 Ralph Schnorr, PE - unprofessional conduct; suspension for one year; probation for five years; complete ethics course; fined $15,708.72; pending until September 2001
99-17 David A. Larson, Architect - probation for 2 years; complete an ethics course within first year of probation; pursue 30 hours each year of continuing education in construction management; fined $7,332.68; pending until March 2002
99-19 David A. Larson - offered to practice after license was not renewed; renewal; fined $500; dismiss
00-13 Blake Holman - for unlicensed practice; reprimand and fined $500
00-14 Gene Walker - no Certificate of Authorization; has not practiced in state for 5 years; dismissed
00-15 Wendy Aasen of Prairie Engineering; misleading use of "engineering"; changed name; dismissed
00-16 Coteau Environment - alleged price fixing; dismissed for lack of evidence
00-17 Industrial Support, Jim Plumbtree; illegal titles; change titles; dismissed
00-18 Spherion Work Force Architects - illegal use of title; pending
00-19 Alleged plan stamping; dismissed for lack of evidence
00-20 Myron Van Buskirk - unlicensed; new plans were drawn and sealed; dismissed
00-21 Nick Boerger - Professional Engineer performing Land Surveying work; reprimand
00-22 Stamping unsealed plans - pending
00-23 Faulkner Construction Company - Engineer-in-training drafting reports; letter of caution
00-24 Architect performing professional engineering work; exempt project; dismissed
00-25 Denver Mattress Company -no construction administration; architect performing services; pending
00-26 Mac Construction - no construction administration; exempt project; dismissed
00-27 Engineered Services, Inc - illegal use of term in business; cease and desist ordered; pending
00-28 Question if communication between attorney and design professional is privileged; yes
00-29 Fullerton Building Systems - misleading use of titles in brochures; letter of caution; dismissed
00-30 Independent Building Design - letter of caution; exempt; dismissed
01-01 Richard Stacy, Architect - using Ray Brown title blocks; letter of caution; compliance; dismissed
01-02 Ray Leahy - misleading use of title; Mining Engineer - pending
01-03 Dakota Environmental - No Professional Engineer; letter reversing Certificate of Authorization and told to delete listing in phone book this September; pending
01-04 Hodgens Engineering - Internet false ads; in compliance now; dismissed
01-05 Benning - land dispute; dismissed
01-06 Black Hills Recreation/Day Care project; letter of concern; dismissed

Have you heard…

Engineers are people who know a great deal about very little and who go along knowing more and more about less and less until finally they know practically everything about nothing.  On the other hand, architects are said to be people who know very little about a great deal and keep knowing less and less about more and more until they know practically nothing about everything.  Contractors start out knowing practically everything about everything but end up knowing nothing about anything due to their association with architects and engineers.  Subcontractors start out knowing nothing about nothing and never learn anything, as proven by the fact that they continue to do business with architects, engineer, and contractors.

 

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Executive Director:
Mark Humphreys
mark.humphreys@state.sd.us

Senior Secretary:
Kathryn Patterson
kathryn.patterson@state.sd.us  


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