Current through Reg. 50, No. 187; September 24, 2024
As used in Chapter 471, F.S., and in these rules where the
context will permit the following terms have the following meanings:
(1) "Responsible Charge" shall mean that
degree of control an engineer is required to maintain over engineering
decisions made personally or by others over which the engineer exercises
supervisory direction and control authority. The engineer in responsible charge
is the Engineer of Record as defined in subsection 61G15-30.002(1), F.A.C.
(a) The degree of control necessary for the
Engineer of Record shall be such that the engineer:
1. Personally makes engineering decisions or
reviews and approves proposed decisions prior to their implementation,
including the consideration of alternatives, whenever engineering decisions
which could affect the health, safety and welfare of the public are made. In
making said engineering decisions, the engineer shall be physically present or,
if not physically present, be available in a reasonable period of time, through
the use of electronic communication devices, such as electronic mail,
videoconferencing, teleconferencing, computer networking, or via facsimile
transmission.
2. Judges the
validity and applicability of recommendations prior to their incorporation into
the work, including the qualifications of those making the
recommendations.
3. Approves the
inclusion of standard engineering design details into the engineering work.
Standard engineering design details include details mandated or directed to be
contained in engineering documents by governmental agencies (such as the
Florida Department of Transportation); and details contained in engineering
design manuals and catalogues that are generally accepted as authoritative in
the engineering profession. In order to approve the inclusion of such details
the Engineer of Record must conduct such reasonable analysis of the content of
the standard detail(s) as is necessary in the sound professional judgment of
the Engineer of Record to be assured that the inclusion of such detail(s) into
the engineering work is acceptable engineering practice.
(b) Engineering decisions which must be made
by and are the responsibility of the Engineer of Record are those decisions
concerning permanent or temporary work which could create a danger to the
health, safety, and welfare of the public, such as, but not limited to, the
following:
1. The selection of engineering
alternatives to be investigated and the comparison of alternatives for
engineering works.
2. The selection
or development of design standards or methods, and materials to be
used.
3. The selection or
development of techniques or methods of testing to be used in evaluating
materials or completed works, either new or existing.
4. The development and control of operating
and maintenance procedures.
(c) As a test to evaluate whether an engineer
is the Engineer of Record, the following shall be considered:
1. The engineer shall be capable of answering
questions relevant to the engineering decisions made during the engineer's work
on the project, in sufficient detail as to leave little doubt as to the
engineer's proficiency for the work performed and involvement in said work. It
is not necessary to defend decisions as in an adversary situation, but only to
demonstrate that the engineer in responsible charge made them and possessed
sufficient knowledge of the project to make them. Examples of questions to be
answered by the engineer could relate to criteria for design, applicable codes
and standards, methods of analysis, selection of materials and systems,
economics of alternate solutions, and environmental considerations. The
individuals should be able to clearly define the span and degree of control and
how it was exercised and to demonstrate that the engineer was answerable within
said span and degree of control necessary for the engineering work
done.
2. The engineer shall be
completely in charge of, and satisfied with, the engineering aspects of the
project.
3. The engineer shall have
the ability to review design work at any time during the development of the
project and shall be available to exercise judgment in reviewing these
documents.
4. The engineer shall
have personal knowledge of the technical abilities of the technical personnel
doing the work and be satisfied that these capabilities are sufficient for the
performance of the work.
(d) The term "responsible charge" relates to
engineering decisions within the purview of the Professional Engineers Act and
does not refer to management control in a hierarchy of professional engineers
except as each of the individuals in the hierarchy exercises independent
engineering judgement and thus responsible charge. It does not refer to
administrative and personnel management functions. While an engineer may also
have such duties in this position, it should not enhance or decrease one's
status of being in responsible charge of the work. The phrase does not refer to
the concept of financial liability.
(2) "Engineering Design" shall mean that the
process of devising a system, component, or process to meet desired needs. It
is a decision-making process (often iterative), in which the basic sciences,
mathematics, and engineering sciences are applied to convert resources
optimally to meet a stated objective. Among the fundamental elements of the
design process are the establishment of objectives and criteria, synthesis,
analysis, construction, testing and evaluation. Central to the process are the
essential and complementary roles of synthesis and analysis. This definition is
intended to be interpreted in its broadest sense. In particular the words
"system, component, or process" and "convert resources optimally" operate to
indicate that sociological, economic, aesthetic, legal, ethical, etc.,
considerations can be included.
(3)
The term "evaluation of engineering works and systems" as used in the
definition in the practice of engineering set forth in Section 471.005(7),
F.S., includes but is not limited to services provided by testing laboratories
involving the following:
(a) The planning and
implementation of any investigation or testing program for the purpose of
developing design criteria either by an engineering testing laboratory or other
professional engineers.
(b) The
planning or implementation of any investigation, inspection or testing program
for the purpose of determining the causes of failures.
(c) The preparation of any report documenting
soils or other construction materials test data.
(d) The preparation of any report offering
any engineering evaluation, advice or test results, whenever such reports go
beyond the tabulation of test data. Reports which document soils or other
construction materials test data will be considered as engineering
reports.
(e) Services performed by
any entity or provided by a testing laboratory for any entity subject to
regulation by a state or federal regulatory agency which enforces standards as
to testing shall be exempt from this rule except where the services otherwise
would require the participation of a professional engineer.
(4) "Certification" shall mean a
statement signed and sealed by a professional engineer representing that the
engineering services addressed therein, as defined in Section 471.005(7), F.S.,
have been performed by the professional engineer, and based upon the
professional engineer's knowledge, information and belief, and in accordance
with commonly accepted procedures consistent with applicable standards of
practice, and is not a guaranty or warranty, either expressed or
implied.
(5) The term "principal
officer(s) of the business organization" as used in Section 471.023(1), F.S.,
means the (a) President, Vice President, Secretary or Treasurer of the
Corporation, or Limited Liability Company (LLC); or (b) any other officer who
has management responsibilities in the corporation or LLC, as documented by the
corporate charter or bylaws so long as such documentation provides that such
officer is empowered to bind the corporation or LLC in all of its activities
which fall within the definition of the practice of engineering as that term is
defined in Section 471.005(7), F.S.
(6) The term "Florida Building Code" shall
mean the Florida Building Code, 8th Edition, (2023), adopted by the Florida
Building Commission through Rule 61G20-1.001, F.A.C., effective 12-31-23, which
rule is incorporated herein by reference and which may be obtained at
https://www.flrules.org/Gateway/reference.asp?No=Ref-16629.
(7) The term "Florida Fire Prevention Code"
shall mean the Fire Code, Florida 2021 Edition, (2023), adopted by the Division
of State Fire Marshal through rule Chapter 69A-60, F.A.C. The Florida Fire
Prevention Code, effective 12-31-23, which rule chapter is incorporated herein
by reference and which may be obtained at
https://www.flrules.org/Gateway/reference.asp?No=Ref-16630.
(8) This rule shall be reviewed, and if
necessary, repealed, modified, or renewed through the rulemaking process five
years from the effective date.
Rulemaking Authority 471.008, 471.013(1)(a)1., 2. FS. Law
Implemented 471.003(2)(f), 471.005(7), 471.005(6), 471.013(1)(a)1., 2.,
471.023(1),
471.025(3),
471.033(1)(j)
FS.
New 6-23-80, Amended 12-19-82, 11-22-83, Formerly
21H-18.11, Amended 1-16-91, 4-4-93, Formerly 21H-18.011, Amended 12-22-99,
4-19-01, 10-16-02, 9-15-04, 6-5-08, 6-2-09, 2-2-12, 6-12-16, 2-22-17, 3-4-18,
5-27-20, 6-29-21.
