| QUESTION: OSSC Section 106.3.2 generally
requires that plans, computations and specifications be prepared by an engineer
or architect licensed by the state to practice as such. Several specific
exceptions follow that provision. When the building official determines
that a licensed engineer or architect is not required, could someone who
is not licensed by the state as an engineer or architect provide
computations in support of the plans and/or specifications?
DETERMINATION: If the jurisdiction with authority to enforce the
code determines that due to the Architect's Law or due to the hazardousness
or complexity of the work, a licensed engineer or architect is NOT required
to stamp the drawings, then design computations can be submitted for approval
by anyone.
ANALYSIS: The determination above results from staff review and
analysis of OSSC Section 106.3, ORS 671.030 and ORS 672.020, as follows:
- ORS 672.020 (the Engineer's Law) requires that anyone engaged in
the practice of performing engineering work, must be licensed by the
state to practice as such. No exceptions follow this requirement.
- ORS 671.030 (the Architect's Law) requires that anyone engaged in
the practice of performing architecture work, must be licensed by the
state to practice as such. However, the practice of performing design
work for the following structures are exempt from licensing requirements:
- Any occupancy building or structure with a ground area of 4,000
square feet or less and not more than 20 feet in height (see the statutory
description of how to measure height); and
- Any single-family dwelling or farm building, and their accessory
structures, such as sheds, garages, barns, etc., regardless of
size.
- Staff has spoken about this issue with Ed Graham, P.L.S., Administrator
of the Board of Examiners for Engineering & Land Surveyors, and
also with Gil Bellamy, Administrator of the Board of Architect Examiners.
Their conclusion is that the exceptions in the Architect's Law governs
over all engineering, architecture, and design work.
- OSSC Section 106.3.2 generally requires that for all structures,
plans, computations and specifications must be prepared by an engineer
or architect licensed by the state to practice as such. Several specific
exceptions follow that provision. However, the building official may
still require a person to be licensed by Oregon to practice engineering
or architecture, when the work is of a highly technical nature or there
is unreasonable potential loss of life and/or safety of the structure.
For further clarification see the November/December 1995 Code Link
article, titled Interpretive Rulings Define Log Home Requirements,
that discusses design professional requirements.
- In summary, the Architect's Law exempts certain structures from being
designed by a person licensed by the state to practice engineering or
architecture. However, when the work is of a highly technical nature
or there is unreasonable potential loss of life and/or safety of the
structure, the OSSC allows the building official to require such structures
to be designed by a person licensed by the state.
- In conclusion, if the jurisdiction with authority to enforce the
code determines that due to the Architect's Law or due to the hazardousness
or complexity of the work, a licensed engineer or architect is NOT required
to stamp the drawings, then design computations can be submitted for
approval by anyone, including an engineer or architect licensed in a
different state. See the table below.
| Type of Work |
Engineer or Architect licensed in Oregon required
to do design work |
Anyone, including engineer or architect licensed
in a different state, allowed to do design work |
| Any occupancy building that has a ground area of 4,000
SF or less and is 20 feet high or less |
|
X |
| Any single family dwelling |
|
X |
| Any farm agricultural building |
|
X |
| Any accessory building to a single family dwelling or
farm agricultural building |
|
X |
| Any structure determined by the building official
as highly technical or highly hazardous |
X |
|
| Any structure other than those listed above |
X |
|
|