License Use question

[DWHA]

Consultant Joe is a licensed PE in a state that requires and SE to prefrom structural engineering. Consultant Joe is not a licensed SE. State is Illinois.

Can Consultant Joe preform structural engineering for an utility which is exempt from the states engineering act?

Or does the exemption only apply to direct employees of the utility?

Also, can Consultant Joe preform structural engieering for non utility client in a neighboring state which does not have an SE requirement?

Thanks in advance!!!

 

[fegenbush]

Question #1: Consultant Joe can perform this work in Illinois

Reference: (225 ILCS 325/4) (from Ch. 111, par. 5204)Sec. 4. Definitions Paragraph (o).

Question #2: Consultant Joe is not bound by virtue of his residence in an SE state to those statutes while working out of said state of residence.

 

[JAE]

I believe the exemption applies to employees of the utility. Sine Joe is offering consulting engineering services to someone within the state of Illinois, it would seem to me that they are violating the SE practice act of Illinois.

Here is a portion of the Illinois act. Note items 4 and 6 - both refer to [red]"employees"[/red]:

[blue](e) Nothing in this Act shall prevent:
(1) Employees, including project representatives, of
professional engineers lawfully practicing as sole owners, partnerships or corporations under this Act, from acting under the direct supervision of their employers.

(2) The employment of owner's representatives by the
owner during the constructing, adding to, or altering of a project, or any parts thereof, provided that such owner's representative shall not have the authority to deviate from the technical submissions without the prior approval of the professional engineer for the project.

(3) The practice of officers and employees of the
Government of the United States while engaged within this State in the practice of the profession of engineering for the Government.

(4) Services performed by employees of a business
organization engaged in utility, telecommunications, industrial, or manufacturing operations, or by employees of laboratory research affiliates of such business organization which are rendered in connection with the fabrication or production, sale, and installation of products, systems, or nonengineering services of the business organization or its affiliates.

(5) Inspection, maintenance and service work done by
employees of the State of Illinois, any political subdivision thereof or any municipality.

(6) The activities performed by those ordinarily
designated as chief engineer of plant operation, chief operating engineer, locomotive, stationary, marine, power plant or hoisting and portable engineers, electrical maintenance or service engineers, personnel employed in connection with construction, operation or maintenance of street lighting, traffic control signals, police and fire alarm systems, waterworks, steam, electric, and sewage treatment and disposal plants, or the services ordinarily performed by any worker regularly employed as a locomotive, stationary, marine, power plant, or hoisting and portable engineer or electrical maintenance or service engineer for any corporation, contractor or employer.

(7) The activities performed by a person ordinarily
designated as a supervising engineer or supervising electrical maintenance or service engineer who supervises the operation of, or who operates, machinery or equipment, or who supervises construction or the installation of equipment within a plant which is under such person's immediate supervision.

(8) The services, for private use, of contractors or
owners in the construction of engineering works or the installation of equipment.

[/blue]

 

[Ron]

Call the board and get a ruling...that way your a$$ is covered in the event of an issue..get the board to send you an email with the answer.

 

[JStephen]

Perform- to do or act
Preform- to form ahead of time
Sorry, just bugs me.

On the second question, you'd need to refer to the state rules of the neighboring state in question (and those rules are generally available online).

 

[MiketheEngineer]

Only in Illinois!!???

 

[msquared48]

Only in Illinois.

Mike McCann
MMC Engineering

 

[MrStohler]

I would contend that these circumstance are not limited to Illinois. Hawaii also has similar regulations regarding an SE (usually referred to as a Practice Act). Washington, California, Oregon, Utah, and Nevada have limited versions of a Practice Act (there are restrictions on what services a non-SE can perform). Several other states restrict the use of the title "Structural Engineer" (including Idaho, New Mexico and Nebraska). The NCSEA Licensing Committee is a good source of further information:

http://www.ncsea.com/directory.aspx?GroupID=11