Where does New Mexico stand on the Industry exception for drawings / documents stamping 1

[butifarra]

Any help on where the New Mexico Board of engineers stand for Industry Exception for drawings / Documents stamping would be appreciated.

A reference to their state laws on this matter would help.

Thanks

thread765-366275

 

[IRstuff]

Were you looking for something different that what could be easily found in Google?

TTFN
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[butifarra]

Yes, the info found in google is not 100% clear. Also looked in the NM board of engineers website and could not find anything directly related to their position regarding stamping Industrial/Oil Gas related Documents / drawings.

 

[monkeydog]

Have you called the NM Board to ask for clarification?

 

[butifarra]

Yes sir. No response

 

[TheTick]

Wait... there's a new Mexico? When did this happen?

 

[zdas04]

butifara,
A few years ago the board put on seminars where board members would give talks and then answer questions (this qualified for the ethics PDH requirement). I didn't see one in 2014 so I took a very lame industry ethics course. When they did those seminars, that question came up every session. The last one I did was 2010 so their position could easily have changed, but back then, the big issue in Oil & Gas was SPCC plans. The NM board said they didn't think that SPCC plans qualified as "holding yourself out to the public as an engineer" and they said that they wouldn't be checking stamps on SPCC plans (the federal regulation requires a P.E. stamp). This discussion really brought out that the NM board (then) felt like their role is protecting the public, not companies. If you were doing the structural stuff on a building that people would be working in, then the drawings/calcs needed to be stamped, but if you are doing hydraulic calculations for vessel sizing there wasn't a public-safety component and they didn't care if it was stamped or not.

That was 5 years ago and the Texas nonsense has stirred up a bunch of new mud in the water. I'd check with the board.

David Simpson, PE
MuleShoe Engineering

In questions of science, the authority of a thousand is not worth the humble reasoning of a single individual. Galileo Galilei, Italian Physicist

 

[IRstuff]

I don't see that the NM PE act is unclear, it's just silent, since the obvious intent of the act revolves around the notion of "offers engineering services to the public." So, it's all a matter of risk tolerance and who wants to take on the potential liability.

TTFN
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[sundale]

If you billed yourself out to an arm's length client as "engineer" in your title and billing rate, then you must have thought you were practicing engineering. This requires a license, regardless of what you are designing. All final engineering deliverables must be PE sealed per this NM statute worded in clear Anglo-Saxon prose:

16.39.3.12 SEAL OF LICENSEE:
A. Each licensed professional engineer shall obtain a seal/stamp, which must appear on all design drawings, and the certification page of all specifications and engineering reports prepared by the licensee in responsible charge.

 

[butifarra]

Thanks Sundale. How about if you are the client? Any thoughts?

Thanks

 

[cvg]

"16.39.3.12 SEAL OF LICENSEE" clause states that "Each licensed professional engineer shall obtain a seal/stamp, which must appear..."

However, this particular clause in the statute does not control the actions of unlicensed individuals nor does it address whether (the work in question) requires a licensed individual.

 

[sundale]

butifarra - If you are the client, then you are probably exempt from practice of engineering requirements under the industrial exemption. If you are selling billable hours to an arm's length client then you are not exempt in NM and must follow all (not just some) of the laws. This includes PE sealing the final engineering deliverables even if the client does not require that. This is the gist of the TBPE ruling.

cvg - Read the definition of the "Practice of Engineering". It is tremendously broadly worded and almost every real engineer in any industry is "practicing engineering". Whether he/she needs a PE license from a state and depends on the listed exemptions to engineering practice as listed by that state's laws.

Ask the NM PE Board in Santa Fe.