[CLC-Discussion] Rejection of PE drawings by non-PE plans examiner

[Charles B. Hernicz, Esq]

Jeff, I like the creativity, but don’t think this argument will fly.  The
key language in this rule is “whenever they are performing engineering as
that term is defined in Section 471.005(7), F.S.”  Plan reviewers in the
building department are not “performing engineering” as defined in that
section, but, rather, a permit review function under §553.79, Fla. Stat.. 

Chuck

Charles B. Hernicz, Esq.
Board Certified in Construction Law by The Florida Bar           
Hernicz Legal Services, P.L.
15854 Bent Creek Road 
Wellington, FL 33414 
Telephone: (561) 753-7511 
Facsimile: (561) 753-7082 
Chernicz at HerniczLegal.com




_____________________________________________
From: clc-discussion-bounces at lists.flabarrpptl.org
[mailto:clc-discussion-bounces at lists.flabarrpptl.org] On Behalf Of Jeff
Price
Sent: Thursday, May 29, 2014 10:16 AM
To: clc-discussion at lists.flabarrpptl.org
Subject: [CLC-Discussion] Rejection of PE drawings by non-PE plans examiner


In reading and reviewing the FAC concerning professional engineers and their
duties, I came across 61G15-26, Supervision Standards “61G15-26.001;
Standards for Supervision of Governmental Employees by Professional
Engineers” 
https://www.flrules.org/gateway/ChapterHome.asp?Chapter=61G15-26
The key wording is, “This rule shall prohibit non-professional employees
governed by this rule from overriding, or approving, accepting or rejecting,
or modifying engineering documents prepared by professional engineers unless
such actions are concurred in by a professional engineer in responsible
charge of the employee and that said professional engineer takes full
responsibility for such a decision.” (and yes, there are definitional
standards in the rule, and exceptions, but none I believe apply here).
So, I have a plans examiner (governmental employee), who is not a PE and has
no training as a PE, rejecting (or for argument’s sake approving what is
later found to be bad) signed, sealed and stamped construction drawings
created by a FL PE.
Shouldn’t I be able to request and discover the “concurrence” (however that
was documented or communicated) that must have accompanied the plans
examiner’s decision? Doesn’t the city/county have to produce the
“professional engineer” who took (or takes) “full responsibility” for the
plans examiner’s decision? And if there was no “engineering supervision,”
what is the result? 

Jeffrey L. Price, Esq.
Florida Bar Board Certified - Construction Law      
 
Niesen|Price|Worthy|Campo, PA
5216 SW 91st Drive  Gainesville, FL 32608
Ph (352) 373-9031   Fax (352) 373-9099
http://npw-law.com <http://npw-law.com/> 

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