OF   TECHNICAL   PROFESSIONALS

Individuals who practice as a business has generated a great deal of discussion recently.  Many who need to provide engineering, architectural, land surveying, landscape architectural and petroleum release services have been informed that they need a Certificate of Authorization (business license) to practice. If you are a sole proprietor or an individual, you could have several other professionals who work with or for you.  If you work for an exempt organization (state, county, city, public utilities), you could “moonlight” or work for yourself.  All of these instances require a Certificate of Authorization.  The Board must link all professionals to a business.  If you go to work for yourself, you must have a business license (Certificate of Authorization) that you are linked to…even if it is John Doe Company.  If you leave your current employment that has a business license, and if the employment you go to does not have a business license, they must get one.  If you work for an exempt business or if your business does not currently practice your profession in South Dakota, you will be required to state such in a Disclaimer that is filed with this office.  If your business entity has a COA, you are linked to that business by name and license number.  If your business entity wishes for you to be in responsible charge of the business performed in South Dakota, you must sign an affidavit to that affect.  At least one professional for each business must be in responsible charge, and more than one is preferable so if one person leaves, another can be in charge.  Applications, affidavits, and disclaimers for business entities can be found at the Board’s website at www.state.sd.us/dol/boards/engineer under the heading “Businesses.”

NCEES EXAM ISSUES

The South Dakota Board currently administers the exams that we purchase from NCEES.  The Board’s responsibility to protect the exam from being compromised has become a high risk problem.  The Board is researching the possibility of turning over the entire exam process to NCEES.  One draw back will be an increase in exam cost.

Examinees are reminded that the topics to be covered and the knowledge being tested are detailed on-line at the NCEES website for every exam.  www.ncees.org

SUBDIVISION SURVEYS AND PLATS

This article is being written to clarify a few issues that are the basis of many complaints that the Board receives each year.  There appears to be a wide variation in practice standards within South Dakota and, while some latitude of practice is expected, others do not meet the needs of statute or professional conduct.  The platting of land carries obligation and provides opportunity.

Without doubt, the most abused statute is SDCL 11-3-2 regarding the placement and recording of corner markers.  While it is the Owner’s responsibility to see that markers are placed, the Surveyor (as the Owner’s agent) is expected to mark every corner.  “Paper” plats, based upon record information, are not in compliance with this statute and are not acceptable.  Of course, in accordance with Administrative Rule 20:38:22:05(3), all corners, “including points of curvature” shall be marked with ferrous metal and survey caps.  If a corner lies on unsafe ground or is subject to damage by erosion, a witness corner must be set as near as possible at a safe location.  Witness corners are not to be used to avoid setting rear lot markers in steep terrain.

“The point set shall be distinguished on the plat.”  All markers, whether found or set should be described thus giving them a “called-for” status in future retracements.  Old plats often failed to describe the markers set leaving a cloud upon acceptance of monuments found in the vicinity of a corner.  A new plat is an opportunity to describe those monuments once they are found and verified.  Found monuments that are rejected as not being a corner should be noted and identified to prevent errant retracements by others.

Every subdivision is based upon found and verified monuments that control the location of lines being platted.  While the statutes and rules are silent on the display and description of controlling corners on a new plat, professional conduct dictates that this information be shown to help protect your interest and your client’s interest.  Further, inclusion of controlling corners is a professional courtesy that may save future owners and surveyor’s considerable time and effort.  Failure to show such information brings into question the degree of care in performing a survey.

The statutes and rules are also silent on the issue of showing record vs. measured bearings and distances.  The general rule in the Government’s Manual of Instructions (which, by SDCL 43-18-6, governs the manner of survey in South Dakota) indicates that the record bearings and distances are not absolute, but yield to the monuments on the ground.  The records are merely evidence.  While a surveyor may be willing to accept a monument based upon visual inspection, he or she is not acting in the client’s best interest by relying upon records.  Verification of a monument nearly always includes the measurement of its relationship to other monuments.  By including the records and measured on a plat, verification is displayed and additional evidence becomes record.  In this manner, errant records will be revealed and documented.  Again, professional conduct calls for inclusion of such information in the interest of yourself, your client and the public.

Finally, many complaints arise from poor quality plats.  It is unfortunate to see the number of blunders and misspellings, many of which could have been eliminated by better and more thorough supervision.  The evidence in the courthouses today indicates that little or no attention is being given to the review of some plat documents.  Our State does not have the luxury (and burden) of a State Surveyor’s office that would closely examine each plat prior to (and a requisite for) the filing of all plats.  It is time to “clean up our act” and do better at supervision and review.

WarrenFisk,PE/LS

Board Member

2000 Life Safety Code

By final rule action in the January 10, 2003, Federal Register, the Centers for Medicare and Medicaid Services (CMS) adopted the 2000 edition of the National Fire Protection Code 101 (Life Safety Code) (LSC) as the standard to be used to determine compliance in certain certified health care facilities (hospitals, ambulatory surgery centers, inpatient hospices, long term care facilities, intermediate care facilities for the mentally retarded, critical access hospitals, etc.).  The final rule can be accessed on pages 1374 through 1388 at http://www.access.gpo.gov/su_docs/fedreg/frcont03.html.   (If you are typing this, it is su_docs, which does not show up very well in print when it is underlined.)

This brings the following changes:

●    The effective date of the rule is March 11, 2003.  The compliance date for the affected facilities is September 11, 2003.  This gives the facilities a six month period to bring their buildings into compliance with the 2000 LSC standard without receiving deficiencies for those issues that were previously compliant with the 1967-1985 editions of the fire and life safety standard.

●     The 1967, 1973, 1981, and 1985 editions of the LSC standard will no longer be the effective fire and life safety code for any certified facility types.  If your facility was required to meet one of these standards, the facility will now need to comply with the 2000 Life Safety Code.

●     Installation of emergency lighting is allowed to be phased in, but must be completed by March 13, 2006.  See LSC 19.2.9 Emergency lighting.

●      Roller latches will not be allowed for corridor doors.  The facility may phase in this change, but the change to positive latch hardware must be completed by March 13, 2006.  See LSC 19.3.6.3.2

The adoption of the new Life Safety Code will not have much impact on South Dakota facilities as this standard had already been adopted in Administrative Rule http://legis.state.sd.us/rules/rules/4404.htm.  The final rule action in the Federal Register does not allow roller latches on corridor doors in existing health care facilities and this CMS exception impacts a number of South Dakota facilities.  If you must change out this hardware, please also consider lever operators for improved accessibility.

If you do not already have your copy of the 2000 Life Safety Code or want to check on available training, please contact the National Fire Protection Association at 1-800-344-3555 or www.nfpacatalog.org.  If you have questions regarding life safety code issues, please feel free to contact John A. Robertson at 605-773-5140 or john.robertson@state.sd.us.

THE ARCHITECT REGISTRATION EXAMINATION

Prior to being appointed to serve on the Board of Technical Professions, I volunteered to be a grader of the "Paper and Pencil" exam.  Hundreds of architects from around the country would gather twice a year to "holistically" grade the graphic exams.  I began to understand the complexities respecting the process of the ARE.  After being appointed to the Board in 1993, I continued my involvement on the ARE by volunteering to be on a test-writing committee for the computer-delivered exam.  Nine years later I became the chair of the ARE and subsequently the chair of the Committee on Exams, which oversees the ARE, Grading Subcommittee and other exam-related sub-committees.  Having served and coordinated both multiple choice and graphics divisions of the computer-delivered exam, I can say with full confidence, that the ARE is a valid, practice-based test of the candidate's skills and knowledge.

Testing consultants, practicing architects, NCARB staff, code consultants, psychomatricians and others make sure that the exam is current and reflects practice in the new millennium.  A recently published "Practice Analysis" on the profession validated the exam and gave the ARE high marks.

The exam is constantly being improved.  Outdated and overused questions are replaced with new ones.  Exam divisions are pre-tested before they become active.  Statisticians review each question and rank them for their performance and degree of difficulty.

New computer programs are being analyzed for future versions of the ARE.  I was recently appointed as chair of a new task force called the Graphics Think Tank.  The purpose of this group will be to look at the current graphics exam and to look at current and future technologies. We will be trying to envision the graphics exam of the future and to develop time-lines, costs and strategies keep the ARE on the cutting edge.  We envision a more interactive exam that reflects the way we actually work in the office.

It has been an honor for me to be a part of the ARE for so long.  The thousands of hours that are given each year by volunteers are reflected in the quality of the exam.  It is also a learning experience for those of us who do volunteer time.  But, as in our practices, we architects are never satisfied.  There is always room for improvement, and I can assure you that our exam, which has been called by others the best professional exam in the world, will continue to improve.

MarkAspaas,AIA,

BoardMember

CORPORATE AMERICAN RACE

A Japanese company and an American company decided to have a canoe race.  Both teams practiced long and hard to reach peak performance.  On the big day, the Japanese won by a mile.

A management team made up of senior management was formed to investigate and recommend appropriate action.  Their conclusion was the Japanese had 8 people rowing and one person steering while the American team had 8 people steering and one person rowing.

So American management hired a consulting company and paid them a large amount of money.  The consulting company advised that too many people were steering the boat, while not enough people were rowing.  Management took their advice and next year the rowing team reorganized to 4 steering supervisors, 4 area steering superintendents and 1 assistant superintendent steering manager.  A new performance system would give the 1 person rowing the canoe greater incentive to work harder.  It was called the Rowing Team Quality First Program, with meetings, dinners and free pens for the rower.  The following year, the Japanese won by two miles

Humiliated, the American management laid off the rower for poor performance, halted development of a new canoe, sold the paddles and canceled all capital investments for new equipment.  Then they distributed the money saved as bonuses to the senior executives.

QUESTIONS AND ANSWERS

If I, as a design professional, design a system for a building, am I allowed to bid that project?  (Assuming I am qualified as a contractor to do the work.)  If I am hired as a project manager, or construction manager, during the design phase, can I bid the work I am supposed to be the project manager for?

 It depends.  If a design professional designs and manufactures cabinets or a system and his design is specified, he can bid on the project.  However, if he owns stock in the cabinet or system company and designs a building that excludes others from bidding, then no.  A project manager who is hire by the owner to represent him during the construction should not bid on the work.  A construction manager can bid all or part of the work as long as they take competitive bids on the work.  However, this Board does not regulate either contractors or construction managers.

Do I have to sign, seal and date every sheet of my plans? 

In last year’s newsletter, this question was asked.  It is still “yes”.  All final drawings prepared by the licensee or prepared under his/her direct supervision must contain the licensee’s seal, signature and date when presented to the client.  In the case of multiple seals, the sheet must contain the licensee’s seal, signature, and date of the licensees responsible for that particular sheet.   The reason for this is that the plans often get separated in the field and given to subcontractors.  Then the Board gets complaints that the architect or engineer did not sign, seal and date the plans when actually they did, but they had signed only the title sheet which the person did not have in their possession.

Do I have to sign, seal and date every sheet of my specifications book?

No.  You do not have to sign and seal every page of the specifications.  Only the title or index page needs to signed, sealed and dated.

Must a parking lot be designed by an Architect or PE?

Yes.  The layout of a parking lot can affect the life and safety of the public.  The location of the accessible spots, the walkways, driveways, geometrics, site distance and local drainage are major safety concerns that need to be considered when laying out a parking lot.  The grades, drainage and general flow of the lot are also important.  A change from gravel to asphalt could have a severe impact on the amount of peak storm runoff, and it will affect the life of the public downstream.  Parking lots may be tied into South Dakota exemptions that if the building is exempt from A/E design, the parking lot may be also.  For a non-exempt building, the parking lot should be designed by a design professional.

Who can design electrical work?

SDCL 36-18A-3 defines engineering as “…any service or creative work…” designing “…equipment of a mechanical, electrical, hydraulic, pneumatic, or thermal nature…”.  It would appear that only licensed professional engineers may design electrical installations.  Insurance coverage for electrical contractors frequently contain either a specific endorsement or language in the policy excluding “professional services” which include preparing architectural and engineering plans, drawings, and specifications for a project.  It would appear that if an electrical contractor designs an electrical installation that work may not be insured.  The implications to the owner, the contractor, and the architect are significant.  All persons involved in the design, installation, and construction process needs to work together in their respective areas of expertise to ensure the health, safety and welfare of the public.

Is it allowed to have both a mechanical and electrical engineering license and stamp both sets of plans?

It is not only allowed to be licensed in more than one engineering discipline, it is encouraged.  You must take and pass the Principles and Practice of Engineering exams for each discipline.

May I practice structural engineering with my civil engineering license?

You may practice structural engineering with a civil license as long as you are competent to perform structural engineering.  You may not refer to yourself as a structural engineer, or use the initials S.E. after your name until after you have passed the Structural II examination.

What is required in order for a design-build project to comply with the Board’s rules?

The Board requires the following requirements:

● Architects and Professional Engineers must participate in all aspects of the project design.

● The design professionals are identified at the outset of the project.

●  The design professionals are not removed from the project without the Owner’s consent.

● The design professionals must see that construction administration be done on the project.

New Board Members

Hani F. Shafai, P.E., was appointed to the South Dakota Board.  His appointment will conclude in April 2005 unless reappointed.  Mr. Shafai came to Rapid City in 1981 to attend and graduate from the South Dakota School of Mines and Technology with a bachelors and masters degree in civil engineering in 1989.  He has worked as an instructor at the SDSM&T, performed structural materials research for the U.S. Navy and various national oil companies.  Mr. Shafai has co-authored and published articles on various properties of structural materials and made technical presentations at the American Concrete Institute and the National Transportation Research Board.  He joined the City of Rapid City Engineering Division and advanced to become the Environmental Director for the city.  In 1998, Mr. Shafai started his own engineering firm, Dream Design International, Inc. and has been involved with several projects around the community.  Married to Barb for eleven years, they have 4 year old twins, Sharaf and Yasmeen.

Hani has not hesitated to contribute his time and energy to the Board.  He has already attended his first NCEES Zone meeting and the NCEES Annual meeting.  Hani is sure to be a great asset to the South Dakota Board.

David St. Pierre was appointed to the Board as a public member by Governor Rounds in January 2003.  His appointment will conclude in April 2007 unless reappointed.  Mr. St. Pierre attended South Dakota State University for general engineering and the Black Hills State University for business administration.  He has served three years in the U.S. Army and one year in the South Dakota Army National Guard.  He completed a tour of duty in Vietnam in 1969, earning several military honors including the Army Commendation Medal, the Bronze Star, and the Combat Infantry Man’s Badge.  He has worked in various companies including engineering firms and for the City of Rapid City Building Inspection Department where he became a certified plans examiner with the International Conference of Building Officials.  He has been a Certified Professional Member of the ICBO for over eight years, attending the yearly building code public hearings on the building code changes and attending the annual conferences of the three model code groups for the past six years.  Dave started his own business, Code Works, a private building code consulting service for architects, both in-state and out-of-state.  He has been a member of the South Dakota Building Officials for over 10 years and has worked almost continually for the Education Committee of that organization.   He is one of only 14 Certified Plans Examiners in the State of South Dakota.  Mr. St. Pierre is also on the Construction Committee for the Black Hills Area Habitat for Humanity.  Married to Debra, they have three children, Jon-Paul, James and Holly.  Dave has been called upon by the Board several times since becoming a Board member to determine if code violations have been made on projects.  He will be an excellent contributor to the South Dakota Board.

01-04   Hodgens Engineering – false advertising; pending

02-12     Don Larson – failed to notify DENR approval; consent order; public reprimand;   

$3,514.27 payment for costs; closed

02-14     Harvest Covenant Church; no life/safety issues discovered; dismissed

02-26     Unprofessional conduct; waiting for Minnesota to take action; pending

03-01     Unprofessional conduct; waiting for Kentucky to take action; pending

03-02     Misleading ads; dismissed

03-03     Regency Retirement Home; dismissed

03-04     Stoneybrook Suites; dismissed

03-05     Avera St. Luke’s Hospital; Aberdeen; dismissed

03-06     American Baptist Church of the Dakotas; Camp Judson; obtained sealed electrical plans; closed

03-07     Hot Springs Golf Course; closed

03-08     Ronald Hommerding; disciplined in MN; letter of caution

03-09     Use of “engineering” for firm name; out of business; closed

03-10     Unlicensed company using “engineering” for name; changed name; closed

03-11     Using “certified engineer” in ads; letter of caution

03-12     Incorrect resume; corrected; closed

03-13     Dakota Sun ALC; unlicensed roof design; obtained engineer; closed

03-14     Florence Fire Hall; obtained architect; closed

03-15     Freeman Fire Hall; obtained engineer; closed

03-16     Evergreen Manor; DOH inspection followed; closed

03-17     Using “project engineer” title; closed

03-18     City alleged to showing favoritism towards some professionals; dismissed

03-19     Alleged unprofessional conduct against a P.E.; dismissed with letter of caution

03-20     Randy Greenway, LS; prepared plat of his own property; made corrections to plat; obtained a business license; closed

03-21     David Baumann, AR; Iron Horse Inn; lack of engineering; letter of caution; pending

03-22     Don Sandberg; Medical building in Ft. Pierre currently exempt; pending

03-23     Sioux Falls Construction Co.; false advertising; using retired architect until brochures depleted within one year; closed

03-24     Rose Manor Retirement Home; Colone, SD; pending

03-25     Hot Springs Library; project requires an architect; letter of caution; pending

03-26     First American Title Co.; alleged to practice land surveying; pending

03-27     Berne Convention; copyright issue; pending

Other matters that have been resolved and/or pending include: West Oak Addition and Remodel in Sioux Falls; Somerset Court ALC in Rapid City; Lewis & Clark ALC; Bonesteel-Fairfax school; Wakonda school; Kimball school; need for school inspections to prevent structural failures; Beardsford Fire Hall; architectural firms making proposals with and without engineering services included; Community Center in Buffalo, SD; funeral home in Spearfish; value engineering; construction management services; drafting service brochure; and incorrect telephone listings.

South Dakota Board of

Technical Professions

2040 W Main Suite 304

Rapid City, SD  57702-2447