Confused with licensing

[Kyle223]

Hello all!

First off, sorry if this is in the wrong section, there's so many here.

I have tried to find this answer for myself, but there seems to be such a massive gray area, and many differing opinions out there on this topic.

I recently got a degree in mechanical engineering and have been doing freelance work, mainly circuit board design and 3d printing prototypes for startups for consumer products.

Everything I learned in school taught me that you only need a PE if you are signing off on engineering docs, public works, building's, ect. Most people with a MechE suggest that it is not needed.

So my questions are:
1. Can I form a company that does design and prototyping for consumer products?
2. If so, is it not advised to have the word "engineering" in the company name?
3. If I can't have a company that can do this work, would hiring a PE, and having him have a board seat qualify?

Any advice is appreciated. It is just really frustrating that it seems like I wouldn't be able to do this, because consumer products are seperately regulated, and I'm not doing any work that requires a stamp.

I'm in Florida also.

Thanks!
Kyle

 

[JStructsteel]

Didnt read all the above answers, but here is my answer. Get your PE. It add validity to your title, company, etc. Its a harmless process.

 

[lacajun]

Public means everyone. States usually define what engineering and engineering activities are.

Like jrisebo, get licensed for all of those reasons and to remove all doubt. It really is a harmless process.

Pamela K. Quillin, P.E.
Quillin Engineering, LLC
NSPE-CO, Central Chapter
Dinner program:

http://nspe-co.org/events.php

 

[TexasPE]

This may not seem as straight forward as the language in the law implies. What is the public? You have to look to your particular state law and the exemptions it allows. Generally, the public is anyone that is outside of your own company that might be exposed to your engineered product or service. Most states provide an exemption for employees doing work on or in their own company industrial facilities. That is because in theory most Industrial Company's controls access to the facilities, have their own internal design rules and is generally liable for any accident or injury and the employee is generally following the dictates of management. While I have a real problem with that theory as it has lead to some of the more horrific accidents in the oil and gas industry and along the Houston Ship Channel, it is because these industries have major political leverage and can get this exemption put into law. In reality even most plants allow access to vendors, delivery personnel and other contractors that should be considered public.

There are also an number of other types of exemptions, like for federal government employees, and utility employees, etc. Really up to your state legislature to decide who they think it is important to regulate or exempt.

Then there is the issue of jurisdiction. Most states will tell you that they have no jurisdiction to prosecute unlicensed practice in their state as long as the engineering work is for a plant or project in another state. That state may have jurisdiction, but how do they reach someone for prosecution who may never lay foot in their state. Once again it will fall upon the owner of the facility and their liability for using an unlicensed engineer or an unstamped drawing, if and when some issue arises.

As a licensed engineer you assume the responsibility of protecting the health, safety and the welfare of the public first. This actually generates more liability for you personally then not being licensed, since according to most state laws a non licensed engineer cannot assume the responsibility for there end product, a licensed engineer does. Seems sort of an oxymoron type of legal philosophy. But it is one that an engineering manager hired by a Company and put over me as a licensed engineer told me had been advised by his attorneys not to get licensed so he could avoid some of those liabilities. And I can tell you from experience that even as a licensed engineer I have had some documents I signed and before they were sent to a client were changed by an unlicensed engineering manager WITHOUT MY KNOWLEDGE. The engineering manager just didn't want to tell the client the truth because he thought it was not the answer the client's internal (and unlicensed engineers) wanted to hear. When a complaint was filed with the state board in the state the work was done in the complaint was not upheld, because the work was for a project out of state. The State Board were the project was to be done, because they delayed so long the project was eventually cancelled, they were able to dismiss the complaint since the violation did not occur in their state.

I have been an engineer for over 40 years and licensed for over 20. I am licensed in four and at one time as many as six states and am a managing partner and supervising engineer in a licensed engineering firm in two states. There are many days I question why I have to take all the mandated continuing education and pay all the licensing fees. Seems I have to also have to comply with a lot of higher ethical standards mandated by law that many in our profession seem to ignore. Particularly when I look around at all those doing the same consulting work that I am doing and not bothering to get licensed.

SO ultimately my answer to your question is: Ethically you should, it just depends on how ethical you are.