Administrative Rules of Montana
Department 24 - LABOR AND INDUSTRY
Chapter 24.183 - BOARD OF PROFESSIONAL ENGINEERS AND PROFESSIONAL LAND SURVEYORS
Subchapter 24.183.3 - Definitions
Rule 24.183.301 - STANDARDS OF RESPONSIBLE CHARGE FOR PROFESSIONAL ENGINEERS AND PROFESSIONAL LAND SURVEYORS
Universal Citation: MT Admin Rules 24.183.301
Current through Register Vol. 18, September 20, 2024
(1) The term "responsible charge" directly relates to the degree of control an engineer is required to maintain while exercising independent control and direction of engineering work, and to the decisions which can be made only under the direct supervision of a professional engineer.
(a)
The degree of control necessary to be in responsible charge shall be such that
a licensee:
(i) personally makes engineering
decisions or reviews and approves proposed decisions prior to their
implementation, including consideration of alternatives, whenever technical
decisions are made. In making engineering decisions, a licensee must be
physically present or through the use of communication devices, can be
available in a reasonable period of time; and
(ii) judges the qualifications of technical
specialists and the validity and applicability of their recommendations before
such recommendations are incorporated in the work.
(b) To be considered in responsible charge of
a project, a licensee who signs engineering documents must be capable of
answering questions asked by equally qualified professionals. These questions
would be relevant to the decisions made during a licensee's participation in
the project and require responses in sufficient detail to leave little question
as to a licensee's technical knowledge of the work performed. It is not
necessary to defend decisions as in an adversary situation, but only to
demonstrate that a licensee in responsible charge made the decisions and
possessed sufficient knowledge of the project to make the decisions.
(i) Examples of questions to be answered by
an engineer could relate to criteria for design, methods of analysis, methods
of manufacture and construction, selection of materials and systems, economics
of alternate solutions, and environmental considerations. A licensee should be
able to clearly define the degree of control and how it is exercised within the
organization and geographically, and to demonstrate that an engineer is
answerable within that degree of control.
(2) The term "responsible charge" means that a professional land surveyor is required to maintain independent control over all facets of land surveying work.
(a) The
degree of control necessary to be in responsible charge shall be such that a
licensee personally makes land surveying decisions. In making land surveying
decisions, a licensee must be physically present or able to provide verifiable
evidence of personal knowledge of the land surveying work.
(b) To be considered in responsible charge of
a project, a licensee who signs land surveying documents must be capable of
defending the contents of the resulting documents by addressing issues related
to the documents. Examples of issues include, but are not limited to:
(i) criteria for designs;
(ii) methods of analysis and conclusions
made;
(iii) performance of
surveys;
(iv) interpretation and
construction of deeds;
(v)
application of proportion methods; and
(vi) analysis of evidence related to
unwritten property rights.
(c) A licensee should be able to clearly
define the degree of control and how it is exercised within the organization
and geographically, and to demonstrate that a land surveyor is answerable
within that degree of control.
37-67-202, MCA; IMP, 37-67-101, MCA;
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