“Engineers, Code Officials and Engineering Technicians ... · PDF file“Engineers, Code Officials and Engineering Technicians: Can’t We All Just Get Along?” Society of Fire

“Engineers, Code Officials and Engineering Technicians: Can’t We All Just Get Along?”

Society of Fire Protection Engineers

New York Empire Chapter

Michael J. Klemenz, PE, SFPE

Society of Fire Protection Engineers (SFPE)

• Established in 1950 and incorporated as an independent organization in 1971. It is the professional society representing those practicing the field of fire protection engineering. The Society has over 4500 members globally and over 60 regional chapters. Society HQ is located in Bethesda, MD. www.sfpe.org

• New York Empire Chapter promotes the profession of fire protection engineering and its allied and supporting professions in Upstate New York.

• Chapter activities are found on our FB page

http://www.sfpe.org/

Learning Objective

• An understanding of the interrelationship between licensed professional engineers, certified engineering technicians and code enforcement officials in the building design and construction industry

Presentation Questions

• Why must a licensed engineer demonstrate high professional, moral and ethical standards?

• Is a general business corporation permitted to practice engineering in New York State?

• Does “design-build” eliminate the need for a licensed engineer on a building design and construction project?

Agenda

• NYS Building Code & Standards

• NYS Law- Code Enforcement

• NYS Law- Engineering Practice

• NICET Technicians

• Examples of Practice Issues

• Specifying Design Parameters

Agenda







Historical Building and Fire Codes

Fire and panic regulations were enacted in reaction to catastrophic fires that had already occurred

Prescriptive/inflexible

Not always based on science

Subject to interpretation

Regional in nature

“Grandfather” certain hazardous

conditions

Modern Codes & Standards

Consensus based- voting members

Research bodies and committees

Incorporate internationally recognized design standards by reference (NFPA, UL, ASME, etc.)

Replaces the 3 ‘Legacy Codes’

Recognize “performance-based” approaches to compliance

NYS Codes & Standards

• 2010 codes based on the 2009 editions of the International Codes (ICC)

• Adopted by NYS with relatively minor revisions

• Permit alternate compliance methods with State approval

• BCNYS, FCNYS and EBC are primarily used for fire protection/life safety

Variance Board Hearing; not local AHJ

Codes and Standards

• Prescribe the minimum enforceable requirements for providing a reasonable level of life safety and property protection

• Minimal compliance with prescriptive codes and standards does not guarantee adequate life safety or asset protection

• How do we know this…?

heat fuel

oxygen

In January 2000, a fire at a New Jersey

college residence hall killed 3 students and

injured 58

Building was constructed in 1952 and was

renovated 1966 (met B/F codes)

“Fire extinguishers and fire alarms were

working properly in the building”

The building was not equipped with

sprinklers because the building pre-dated

the 1984 law requiring them (met the law)

January 19, 2000

Web posted at: 2:15 p.m. EST (1915 GMT)

“Formerly” code

compliant building

ANOTHER EXAMPLE

Codes and Standards

• Compliance with minimum requirements sometimes will suffice

• Some buildings, processes & hazards are not addressed in the codes

• Some NFPA standards have become performance-based with few prescriptive requirements; requires a competent engineering evaluation of the “whole overall big picture”.

Agenda







Code Enforcement

• Primary responsibility for administering and enforcing State Codes falls to municipalities

• Code enforcement officials (CEO) must be qualified as prescribed by law

• CEO is charged to enforce the prescriptive codes

• CEO is not permitted to waive, modify or otherwise alter the prescriptive codes

Minimum CEO Standards 19 NYCRR Chapter XII Part 434

• §434.1 Purpose and definitions.

• §434.2 Certification of training program; curriculum requirements.

• §434.3 Facilities and equipment required for code enforcement training programs.

• §434.4 Instructor certification; minimum qualifications.

• §434.5 Certification of code enforcement personnel.

• §434.6 Minimum basic code enforcement training for probationary and nonpermanent code enforcement personnel.

• §434.7 In-service code enforcement personnel training.

• §434.8 Advanced in-service code enforcement personnel training.

• §434.9 Reserved.

• §434.10 Exemptions; revocation. http://www.dos.state.ny.us/code/part434.htm

Administration/Enforcement Title 19 Chapter XXXII Part 1203

• Every municipality charged with administration and enforcement of the State Codes shall provide for such by law, ordinance or regulation

• Administration and enforcement shall include all features described in subdivisions (a) through (j)

• Building permits shall be required for work which must conform to the Uniform Code. Certain exemptions apply.

• Application for a building permit shall provide sufficient information of compliance with the State Codes

• Construction documents (drawings and/or specifications) must be submitted that define the scope of the proposed work

BCNYS • 107.1 Administration and enforcement of the Uniform Code

shall are set forth in 19 NYCRR Part 1203

• 107.2 No one charged with the administration and enforcement of this code may waive, modify or otherwise alter any provision of this code unless approved by the State FBBCC

• 107.3 Variance or appeal of any provision of this code shall be IAW 19 NYCRR Part 1205, “Variance Procedures.”

• In other words, the AHJ cannot require more or accept less than is prescribed by the State Codes

FCNYS

• 901.2 The CEO has authority to require construction documents and calculations for all fire protection systems and to require permits be issued. CD for FP systems shall be submitted for review and approval prior to system installation.

• 901.3 Permits shall be required as set forth in Section 109

• Section 109 =19 NYCRR Part 1203, for municipalities and 19 NYCRR Part 1204 for State agencies

Building Permits Title 19 Chapter XXXII Part 1203

• Construction documents shall not be accepted as part of an application for a building permit unless such documents:

Are prepared by a New York State registered architect or licensed professional engineer where so required by the Education Law

Indicate with sufficient clarity and detail the nature and extent of the work proposed

Substantiate that the proposed work will comply with the Uniform Code

Agenda







Engineering Licensure & Registration

Engineering is one of 48 professions requiring licensure in NYS. Others include architecture, land surveying, medicine and nursing.

A professional license is the authorization to practice and use a professional title in New York State.

The practice of a profession is a public trust, earned through educational preparation, experience, the passing of rigorous examinations, and the commitment by each professional to serving the public

All licensed practitioners are required to adhere to rules of professional conduct. The Education Law includes penalties for noncompliance.

NYS Education Law [Article 145]

The practice of engineering is defined as:

• Activities related to the design or construction of utilities, structures, buildings, machines, equipment, processes, works, or projects wherein the safeguarding of life, health and property is concerned

• Consultation, investigation, evaluation, planning, design or supervision of construction or operation when such service or work requires the application of engineering principles and data.

Engineering Licensure & Registration

Only individuals are licensed

Licensed professionals may set up a professional service corporation (PC), a professional service limited liability company (PLLC), a registered limited liability partnership (LLP) or design professional service corporation (DPC)

Generally, a general business corporation may not provide professional services to the public or promote itself as such

Titles such as ‘engineer’, ‘engineered’, ‘engineering’ are reserved for licensed professional engineers

Requirements for Licensure • File an application with the department

• Have an accredited engineering education

• 4 years documented engineering experience

• Pass the FE Exam (8 hours)

• Pass the NCEES exam (8 hours)

• Be at least 21 years of age

• Be a U.S. citizen or legal alien

• Be of good moral character

• Pay all fees for exam, initial license, triennial registration period & CEUs

Requirements for Licensure

• Other than sole proprietorships, permitted business entities must obtain a Certificate of Authorization form

• GBC are not allowed to provide professional services

• All licensees must obtain approved continuing education credits; 36 hours every 3-year registration period

• The practice of a profession is a public trust, earned through educational preparation, experience, the passing of rigorous examinations, and the commitment by each professional to serving the public

Engineering Disciplines (NCEES* Exams)

• Agricultural • Architectural • Chemical

Civil: Construction • Civil: Geotechnical • Civil: Structural • Civil: Transportation • Civil: Water Resources and

Environmental Control Systems • Electrical and Computer: Computer

Engineering • Electrical and Computer: Electrical

and Electronics • Electrical and Computer: Power

Environmental • Fire Protection

• Industrial • Mechanical: HVAC and Refrigeration • Mechanical: Mechanical Systems and

Materials • Mechanical: Thermal and Fluids

Systems • Metallurgical and Materials • Mining and Mineral Processing • Naval Architecture and Marine • Nuclear • Petroleum • Software • Structural

http://ncees.org/exams/pe-exam/ *National Council of Examiners for

Engineering and Surveying

Sample FPE Course Requirements

Engineering Fundamentals

ENFP 250 Life Safety Analysis

ENFP 255 Fire Alarm and Special Hazards Design

ENFP 300 Fire Protection Fluid Mechanics

ENFP 310 Water Based Fire Protection Systems Design

ENFP 312 Heat and Mass Transfer

ENFP 320 Fire Assessment Methods and Laboratory

ENFP 350 Professional Development Seminar

ENFP 405 Structural Fire Protection

ENFP 411 Fire Protection Hazard Analysis

ENFP 415 Fire Dynamics

ENFP 416 Problem Synthesis and Design

ENFP 425 Fire Modeling


• Only a person licensed or otherwise authorized shall practice engineering or use the title "professional engineer“ or provide professional engineering services

• Otherwise, calling oneself an engineer or offering design services can result in fines or criminal action


The following are examples of activities that do not require an engineering license:

• Engaging in construction management and administration of construction as a contractor or builder

• Execution by a contractor or by others of work designed by a professional engineer or superintendence of such work as a superintendent, foreman, or inspector

• …because this work is normally performed under the license and supervision of a professional engineer

Rules of the Board of Regents Part 29, Unprofessional Conduct

• Being associated in a professional capacity with any project that is fraudulent or dishonest

• Unauthorized or improperly authorized substantial disregard by any contractor of plans or specifications when construction administration is part of the professional’s scope of work

• Practicing or offering to practice beyond the scope permitted by law, or accepting and performing professional responsibilities which the licensee is not competent to perform

• “Rubber Stamping”

Rules of the Board of Regents Part 29, Unprofessional Conduct

• Delegating professional responsibilities to a person not qualified by training, experience or licensure

• Permitting an unlicensed person, firm or corporation receiving fees for professional services

• Signing and sealing documents have not been prepared or thoroughly reviewed by the licensee including a written evaluation (‘Rubber Stamping’)

Professional Obligations • The ultimate obligation of the professional engineer is the

health and safety of the public. NYS licensing laws are established to ensure professional practice by competent individuals

• A professional engineer is expected to engage in design work within his level of competence

• Engineer assumes personal liability for his work. This liability has no expiration date. DP carries special insurance for this liability.

• Engineers must undergo continuous professional training and development

• Contractors, subs, equipment suppliers, vendors, etc., incur no such obligations or liabilities

Unauthorized Practice

Rules of the Board of Regents Part 31

• NYSED investigates complaints of unauthorized practice

• Cease and desist order

• Civil penalties (up to $5000 for each violation) and restitution

Article 130 General Provisions Subarticle 4

• Unauthorized practice of engineering is a Class E felony

• Unauthorized use of a professional title is a class A misdemeanor

• Aiding unlicensed persons to practice a profession is a class E felony.

Professional Discipline Cases

Example, P.E., NY Profession: Professional Engineering Regents Action Date: March 2002 Action: 1 year suspension, probation 1 year, $1,250 fine Summary: Summary: Licensee admitted to charge of failing to prepare a thorough written evaluation of engineering plans to which he affixed his signature and professional seal, but which were neither prepared by him nor by an employee under his supervision. Example, PE, NY Profession: Professional Engineer Regents Action Date: July 16, 2012 Action: 12 month actual suspension, 2 years probation, 100 hours public service, $20,000 fine. Summary: Admitted to receiving fees from a third party in connection with the performance of professional services; failing to maintain for at least 6 years all preliminary and final plans, documents, computations, records and professional evaluations relating to work to which licensee applied his seal and signature; and of practicing as a professional engineer when he was not registered

FAQ: When must I employ a licensed PE?

• Generally, you will need the services of a licensed design professional such as a PE any time you need the approval of a government agency or official for a construction project; these officials can only accept engineering plans signed and stamped with the seal of the PE. Check with that official to determine what you are required to submit. You will also need a PE when the complexity of the design of a project requires the skills of a professional engineer or when the services fall within the legal definition of professional engineering.

http://www.op.nysed.gov/prof/pels/pebroch.htm

Agenda







NICET

• National Institute for Certification in Engineering Technologies

• Parent Organization-National Society of Professional Engineers (NSPE)

• In 1961, NICET was created by NSPE to recognize the role of engineering technicians as an "important part of the engineering team".

• Fire Protection subfields:

Water-Based FP System Layout

Fire Alarm Systems

Inspection and Testing of Water-Based Systems

Special Hazards Suppression Systems

• NICET certification does not entitle certificants to practice engineering

• Work performed by engineering technicians must be under the direct supervision of licensed Professional Engineers

• Be on the lookout for NICET ‘Stamps’ v. PE seals

NICET

Value of NICET Certification

• Assessment of knowledge and skills based on national industry standards

• Increases productivity and competitiveness • Measures training comprehension and needs • Demonstrates commitment to competence through

ongoing professional development of knowledge, skills, and abilities

• Nationally recognized credential

Certification Requirements

• Written examination

• Relevant work experience

• Verification of competency by the direct supervisor

• Professional recommendation (general performance & character reference) at Level III and IV

• Major Project Involvement at Level IV

Levels of Certification

• Level I – Some relevant work

experience

– Work under constant, direct supervision

• Level II – Two years relevant work

experience

– Work under general supervision

• Level III – Five years of relevant work

experience

– Work independently and may supervise others

• Level IV – Minimum of ten years of

relevant work experience

– Supervise and manage work of others

– Major project involvement

CET is permitted to: • Perform the system layout in accordance with the Engineer’s

design

• Prepare shop drawings and material submittals in accordance with the Engineer’s design for review and approval by the Engineer

• Perform supplemental calculations and other functions based on the Engineer’s design for review and approval by the Engineer

• Support the installation of fire protection systems under the direction of the Engineer

CET is NOT permitted to:

• Engage in activities reserved for licensed engineers by applicable laws (previously discussed)

• Sign or seal drawings

• Make design decisions

• Deviate from the established design parameters without approval from the licensed engineer

• Contract directly with any client for design work without involvement of a licensed engineer

NICET Engineering Technicians

• NYS laws do not require NICET certification

• However, design professionals can certainly specify that certain aspects of the fire protection system layout be executed by a technician under the design professional’s license

• NICET technicians can be made a part of the specifications to ensure qualified individuals are performing the fire protection system layout

Agenda







Example of PP Issues #1

• Church hires contractor to install FP systems

• Contractor totally disregards engineer’s design documents

• Installation is a dismal fail; inadequate life safety

• 5 years later, CEO officer discovers deficiencies; C of O in jeopardy

• Cost to repair/replace >$100,000

• Who was looking out for the Owner?

• Lawsuit/subrogation?


• Large industrial facility; management relies on insurer and contractor to design/install FP systems

• Major building code requirements are missed

• C of O and start up date are in jeopardy

• Later discovered that certain high-hazard spaces are improperly protected subjecting management to huge collateral damage risk



• General contractor hires sprinkler contractor to “design” FP

• Sprinkler contractor hires a ‘rubber stamper’ to seal documents

• CEO issues building permit based on seal

• NFPA standards used do not meet building code; design is deficient; construction cannot proceed


Fire Protection Engineering

• Accredited engineering program

• Working knowledge of building/fire codes & standards

• Building construction materials and methods

• Fire Risk & Hazard assessment

• Mechanical, Electrical & FP systems

• Characteristics of fire growth & behavior

• Fire prevention, containment, detection, suppression & mass notification systems

• Predictive computer fire modeling

• Fire department operations

• Means of egress

• New fire protection technologies

• NYS recognized

FPE’s

• Do not merely follow minimum prescriptive codes and standards for the sake of compliance

• Devise protection strategies to meet or exceed minimum prescriptive codes when warranted

• Use engineering knowledge and experience to mitigate fire hazards and protect people and assets from fire

• Agent of the Owner; responsible to the public

Agenda







Water-based fire protection systems:

Available water supply and hazard classification

Location, type and capacity of water supply

Desired location of water service entrance

Fire pump capacity and driver

Requirement for seismic bracing (if any)

Requirements of AHJ’s, insurers, facility standards, etc.

Type of backflow prevention

Type of standpipe (manual, automatic, wet, dry, Class I, II, III)

Design Parameters

Fire pump systems: Pump rating and type of driver (steam, diesel, electric)

Available electric service (amps/volts)

Need for pressure relief valve and discharge location

Type of starting (full voltage, reduced voltage, “soft start”)

Site water supply (municipal, storage tank)


Any special installation or design instructions

Design Parameters

Fire alarm, detection & mass notification systems: Sequence of operation

Voice/non-voice

Conventional, addressable, analog/intelligent

Circuit styles (SLC, NAC, IDC) [See NFPA 72]

Pathway survivability requirements for partial evacuation or relocation of occupants


Location/reliability of power supplies & panels

Design Parameters

Smoke control/management systems: Design fire characteristics

Sequence of operation (input/output)

Design method (airflow, pressurization, exhaust)


Any special installation or design instructions

Location/reliability of power supplies & panels

Special inspection services

Design Parameters

Common Design Deficiencies

• Inaccurate/missing water supply data

• Missing hazard classifications

• Design densities

• Inadequate pipe sizes

• Fire pump capacity

• Ignored AHJ criteria

• Wrong design standards

• Remote area size

• “Contractor shall design…”

• Inadequate quantity of fire alarm devices

and appliances

• Future IT&M

Presentation Questions

• Why must a licensed engineer demonstrate high professional, moral and ethical standards?

• Is a general business corporation permitted to practice engineering in New York State?

• Does “design-build” eliminate the need for a licensed engineer on a building design and construction project?

Questions, Answers, Comments?

“Engineers, Code Officials and Engineering Technicians: Can’t We All Just Get Along?”

Society of Fire Protection Engineers

New York Empire Chapter

Michael J. Klemenz, PE, SFPE

Documents

“Engineers, Code Officials and Engineering Technicians ... · PDF file“Engineers, Code Officials and Engineering Technicians: Can’t We All Just Get Along?” Society of Fire