Transfer of Responsible Charge
At the Annual Meeting of the National Council of Examiners for Engineering and Surveying in August, Ed Huston, P.E., a structural engineer from Washington state, made an interesting presentation regarding professional issues with respect to transfer of responsible charge. Below is a brief summary of the issue.
There are a number of circumstances where responsible charge needs to be transferred from one professional engineer to another. These circumstances might include the disability, death, or discharge of a PE during design or after a design is completed, or the adaptation of a standardized design to specific local project requirements. In these and other circumstances, a new PE (a “successor licensee”) needs to pick up the design, confirm it, complete it, and assume responsible charge. The review process needs to be thorough. If the review process is cursory, this can be inappropriate plan-stamping.
The NCEES Model Rules regarding transfer of responsible charge are clear and well-crafted (see Section 240.20 “Seals”, C7). The rules require that the successor licensee develop a complete design file with all criteria, calculations, code requirements, and changes to the work developed and/or confirmed. The drafting need not be re-done, but the documents must clearly reflect the successor licensee’s work.
Of the engineering jurisdictions in the U.S., 13 have state rules that mirror the Model Rule language, or strengthen it. Others have language that’s either less clear or less thorough, and 11 jurisdictions appear to have no language that allows for the transfer of responsible charge.
PEs who are in a situation requiring transfer of responsible charge should be mindful of both the PE licensing board rules of the jurisdiction in which the project is located and the appropriate procedures for assuming responsible charge as outlined in the Model Rules. In states where the language is weaker or absent, NSPE state societies might consider advocating with their state PE board for the adoption of these Model Rule requirements. Other engineering societies may be interested in collaborating with NSPE state societies in this advocacy. This is an important issue with respect to protecting public health, safety and welfare, and ensuring that the successor engineer has sufficient scope to be able to assume responsible charge appropriately.
