West Virginia Code of State Rules › Agency 7 - Professional Engineers › Title 7 - LEGISLATIVE RULE WEST VIRGINIA STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS › Series 7-03 - Application Of Engineering Seal › Section 7-3-2 - Checking another registrant's work

Current through Register Vol. XLI, No. 28, July 12, 2024
The second sentence of the second paragraph of W. Va. Code §
									30-13-16(c) sets a standard by which a registrant checks the work of an out-of-state registrant. The reviewing registrant must "completely check and have complete dominion and control of the design" which "includes possession of the sealed and signed reproducible construction drawings with complete signed and sealed design calculations indicating all changes in design."
W. Va. Rule 7CSR1-7.3(g) also discusses the standard for checking the work of an out-of-state registrant and requires the West Virginia registrant to have "complete dominion and control of the design, which includes possession of the sealed and signed reproducible construction drawings and sealed design calculations indicating all changes in design."
The above provisions relate to circumstances when a West Virginia registrant is asked to place a West Virginia professional engineer's seal on work that was done by an out-of-state registrant. This requirement or standard is consistent with the provisions set forth in W. Va. Code §
									30-13-16(c) and in 7CSR1-7.3(a) which requires the registrant's seal to be on engineering documents "presented to a client or any public or government agency" only when the work was done by the registrant or under the registrant's complete direction and control. However, the provision is outdated inasmuch as there is no longer any distinction between an out-of-state and in-state registrant.
Violation of the provisions regarding the legal use of a registrant's engineering seal is a ground for disciplinary action in W. Va. Code §
									30-13-21(a)(10), which makes it unlawful to sign or affix the seal (or permit same) "to any specifications, reports, drawings, plans, design information, construction documents or calculations or revisions which have not been prepared or completely checked by the professional engineer or under the professional engineer's direct supervision and control".
While there is no need for a standard that applies solely to out-of-state registrants, there is often a need for a standard of review for another's work. However, currently there are no provisions that specifically set forth a registrant's duties with regard to review of another's work when it is not an out-of-state engineer. This is a common practice and is often necessary due to death, mobility, job change or other circumstance that requires a successor engineer take over and complete the work.
The Board would like to provide some clarity to its registrants so they may avoid disciplinary action in connection with their sealing engineering work that was done by another engineer. Therefore, the Board is of the opinion that the requirements set forth for the review of work by an out-of-state registrant applies to the review of any registrant's work and will interpret the term "out-of-state registrant" to mean "another registrant" when used in the context of the standard under which a registrant checks another professional engineer's work.