Re: Lateral Calculations for Freestanding Pole Buildings
kilitact said:
If you could legally engage in the business of the practice of engineering, than we would look at your engineering submittals. Other than that we wouldn’t accept a non-professionals, engineered design and or calculation for single family or commercial. You apparently have gotten your stuff accepted in Astoria and from that appear to think it’s an accepted and or legal practice in the State of Oregon, it’s not. Perhaps one day you'll step up and pay your "dues" and joining the ranks of professional designers as defined in the 2008 Oregon Residential Specialty code chap. 2, .definitions.
Ordinarily so.
672.005 Additional definitions. As used in ORS 672.002 to 672.325, unless the context requires otherwise:
(1) “Practice of engineering” or “practice of professional engineering” means doing any of the following:
(a) Performing any professional service or creative work requiring engineering education, training and experience.
(b) Applying special knowledge of the mathematical, physical and engineering sciences to such professional services or creative work as consultation, investigation, testimony, evaluation, planning, design and services during construction, manufacture or fabrication for the purpose of ensuring compliance with specifications and design, in connection with any public or private utilities, structures, buildings, machines, equipment, processes, works or projects.
...
672.007 Acts constituting practice of engineering, land surveying. (1) Within the meaning of ORS 672.002 to 672.325, a person shall be considered practicing or offering to practice engineering who:
(a) By verbal claim, sign, advertisement, letterhead, card or in any other way implies that the person is or purports to be a registered professional engineer;
(b) Through the use of some other title implies that the person is an engineer or a registered professional engineer; or
© Purports to be able to perform, or who does perform, any service or work that is defined by ORS 672.005 as the practice of engineering.
(2) Within the meaning of ORS 672.002 to 672.325, a person is practicing or offering to practice land surveying who:
(a) By verbal claim, sign, advertisement, letterhead, card or in any other way implies that the person is or purports to be a land surveyor;
(b) Through the use of some other title implies that the person is a land surveyor; or
© Purports to be able to perform, or who does perform, any land surveying service or work or any other service that is defined by ORS 672.005 as the practice of land surveying. [1971 c.751 §3; 1981 c.143 §3; 2003 c.14 §427]
672.060 Exceptions to application of ORS 672.002 to 672.325. ORS 672.002 to 672.325 do not apply to:
(10) A person making plans or specifications for, or supervising the erection, enlargement or alteration of, a building, or an appurtenance thereto, if the building is to be used for a single family residential dwelling or farm building or is a structure used in connection with or auxiliary to a single family residential dwelling or farm building, including but not limited to a three-car garage, barn or shed or a shelter used for the housing of domestic animals or livestock. ORS 672.002 to 672.325 do not prevent a person from making plans or specifications for, or supervising the erection, enlargement or alteration of, a building, or an appurtenance thereto, if the building has a ground area of 4,000 square feet or less and is not more than 20 feet in height from the top surface of lowest flooring to the highest interior overhead finish of the structure.
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In technical legal terms ORS 672.060 nullifies ORS 672.005 and ORS 672.007. Simply put, preparing structural calculations and applying the knowledge of the mathematical, physical and engineering sciences in the process of making specifications for EXEMPT buildings is NOT considered practice of engineering. OSBEELS has already affirmed that preparing so called "engineering calcs" for exempt buildings are not practice of engineering UNLESS the words "engineering" is used to purport the person as an engineer by title use. They are not going to prohibit the preparations of such calcs by an unlicensed person on EXEMPT buildings as long as the person is not referring to himself or herself as an "engineer" or "registered engineer" or offers such service on non-exempt building. Preparing such calcs is considered incidental to building design and would be treated similar to architects practicing engineering to extent incidental to practice of architecture. Such activity by an architect is not considered "practice of engineering" as far as OSBEELS and the law is concerned. In performing such calc work for EXEMPT buildings, it is considered part of
"making plans and specifications for..."
. OSBEELS has affirmed this.
If OSBEELS has affirmed this stance then why are you requiring something that is not required by law?
The problem lies when the unlicensed person advertises "engineering services" and uses the "engineer" title. It is considered offering "engineering services" when the words "engineering services" are used in the listing of services. As it would be offering the service to any and all buildings and structures. If it isn't clear that such service is for exempt buildings then it would be a problem.
The question for you is - Am I offering to perform the service of applying my knowledge of the mathematical, physical and engineering sciences as part of making plans and specification for EXEMPT buildings only OR am I offering this service to ALL buildings and structures?
This is the big point to determine.