peach said:
Hi Tex,The IRC already has that provision; R301.1.3 "Engineered Design".
Rick, I am an engineer and would never take it upon myself to start with the RDP's assumptions and figure out if they are using the correct equations. That's why they are licensed and insured for errors and omissions. If you want their work product in your files.. good.. great even.
IF the calculations have the tiniest mistake and your (or your consultant) miss it, you are guilty of misfeasance.. which is a tort
Most jurisdictions will not make you immune from tort liability.
Buy umbrella insurance.
Bingo! That is why there is errors & omission insurance even for building designers.
Texas Transplant, (and Peach)
R102.2 supersedes ALL other requirements of the building codes. I will have to see it spelled out in your city or county ADOPTED ordinance (LAW). They have to go before the council and adopted.
I do have certain limited provisions within the state law of Texas. As long as I do not advertise myself as an engineer or offer the services as "engineering services" in a manner that would represent myself as an Engineer.
I have read the Texas Attorney General review of the laws that encompasses the exemption. Remember, a government employee or officer may not require something that the LAW does not prohibit. Laws have to be adopted before a public elected body and signed into law by the chief elected official of the governmental jurisdiction.
City government requires the city laws to be adopted by the City Council and signed into law by the City Mayor. In some cases, requires a public vote. State laws must adopted by the State House and Senate and signed into law by the State Governor. Departments / Agency rules or policies do not go through this very PUBLIC process. Therefore, if it isn't in your ordinance then sorry charlie.
Same can be said for anywhere. This is the way ALL government entities work. This is a legal requirement that our UNION of states have adopted and are required to abide by as long as they are part of the union known as the United States.
Peach,
Yes, if I have the tiniest mistake (or my consultant), then I (and/or my consultant) can face penalties for tort claims (such as misfeasance).
12.135
Action for damages from construction, alteration or repair of improvement to real property; “substantial completion” defined; application. (1) An
action against a person by a
plaintiff who is
not a public body, whether in contract,
tort or otherwise, arising from the person having performed the construction, alteration or repair of any improvement to real property or the supervision or inspection thereof,
or from the
person having furnished
design, planning, surveying, architectural or engineering services for the improvement, must be commenced before the earliest of:
(a) The applicable period of limitation otherwise established by law;
(b) Ten years after substantial completion or abandonment of the construction, alteration or repair of a small commercial structure, as defined in ORS 701.005, a residential structure, as defined in ORS 701.005, or a large commercial structure, as defined in ORS 701.005, that is owned or maintained by a homeowners association, as defined in ORS 94.550, or that is owned or maintained by an association of unit owners, as defined in ORS 100.005; or
© Six years after substantial completion or abandonment of the construction, alteration or repair of a large commercial structure, as defined in ORS 701.005, other than a large commercial structure described in paragraph (b) of this subsection.
(2) An
action against a person by a
public body, whether in contract,
tort or otherwise, arising from the person having performed the construction, alteration or repair of any improvement to real property or the supervision or inspection thereof, or from the person having
furnished design, planning, surveying, architectural or engineering services for the improvement, must be commenced not more than 10 years after substantial completion or abandonment of such construction, alteration or repair of the improvement to real property.
(3) Notwithstanding subsections (1) and (2) of this section, an action against a person for the practice of architecture, as defined in ORS 671.010, the practice of landscape architecture, as defined in ORS 671.310, or the practice of engineering, as defined in ORS 672.005, to recover damages for injury to a person, property or to any interest in property, including damages for delay or economic loss, regardless of legal theory, arising out of the construction, alteration or repair of any improvement to real property shall be commenced within two years after the date the injury or damage is first discovered or in the exercise of reasonable care should have been discovered; but in any event the action shall be commenced within 10 years after substantial completion or abandonment of the construction, alteration or repair. This subsection applies to actions brought by any person or public body.
(4) For purposes of this section:
(a) “Public body” has the meaning given that term in ORS 174.109; and
(b) “Substantial completion” means the date when the contractee accepts in writing the construction, alteration or repair of the improvement to real property or any designated portion thereof as having reached that state of completion when it may be used or occupied for its intended purpose or, if there is no such written acceptance, the date of acceptance of the completed construction, alteration or repair of such improvement by the contractee.
(5) For purposes of this section, an improvement to real property shall be considered abandoned on the same date that the improvement is considered abandoned under ORS 87.045.
(6) This section:
(a) Applies to an action against a manufacturer, distributor, seller or lessor of a manufactured dwelling, as defined in ORS 446.003, or of a prefabricated structure, as defined in ORS 455.010; and
(b) Does not apply to actions against any person in actual possession and control of the improvement, as owner, tenant or otherwise, at the time such cause of action accrues. [1971 c.664 §§2,3,4; 1983 c.437 §1; 1991 c.968 §1; 2009 c.485 §3; 2009 c.715 §1]
Note: Section 3, chapter 715, Oregon Laws 2009, provides:
Sec. 3. The amendments to ORS 12.135 and 12.280 by sections 1 and 2 of this 2009 Act apply only to causes of action arising on or after the effective date of this 2009 Act [January 1, 2010]. [2009 c.715 §3]
The definition of person is well established throughout the Oregon Revised Statutes to establish a legal theory and principle of definition as well as precedents and common definition. Judicial powers can take whatever legal definition that best applies by context.
In ANY case, by no means am I immune from tort. I can do whatever the law allows me to. I am therefore liable to my actions in anything I do. We ALL are UNLESS immunity is explicitly given and to the scope of that immunity.
In Oregon, PLI / E & O insurance is not a legal requirement to have (even for an RDP), but it is something of prudence to CYA in case of any action that can and inevitably will arise.