0120-02-.08
Seals
Cite as Tenn. Comp. R. & Regs. 0120-02-.08
(1)
The design of the registrant’s seal required by T.C.A. § 62-2-306, shall be as follows:
(a)
Engineer:
(b)
Architect:
(c)
Landscape Architect:
RULES OF PROFESSIONAL CONDUCT
CHAPTER 0120-02
(2)
The registrant shall stamp with the registrant’s seal the following documents:
(a)
All original sheets of any bound or unbound set of working drawings or plans; original
sheets shall include tracings or other reproducible sheets;
(b)
The original cover or index page(s) identifying all specification pages covered; and
(c)
The original cover or index page(s) for design calculations or reports that are submitted
for review.
(d)
When an engineer must seal, sign and date engineering specifications, drawings,
plans, or calculations for digitally generated seals and signatures under the provisions
of T.C.A. § 62-2-306(b), an index sheet for engineering specifications and calculations
may be used. The index sheet must be signed, sealed and dated by those professional
engineers in responsible charge of the production and preparation of each section of
the engineering specifications or calculations, with sufficient information on each index
sheet to identify every portion of the specifications or calculations for which each
professional engineer is responsible. In addition, the index sheet shall include at a
minimum:
1.
The name and license number of each engineer in responsible charge of the
production of any portion of the calculations or specifications; and
2.
Identification of the project.
(3)
The registrant shall superimpose his signature (not a rubber stamp) and date of signature
across the face and beyond the circumference of the seal on documents listed above.
(4)
When multiple registrants contribute to a project, each registrant shall sign and seal the
portions of the project for which that registered consultant is responsible. When multiple
registrants in responsible charge provide content on the same document, all such registrants
should seal the document, and, if there is any question, a description of the areas of
responsibility should be included. All registrants in responsible charge who work on a set of
specifications are required to seal either the cover page, except as specified in 2(d) above, of
the specifications, drawings, or plans or the cover page(s) for the section(s) of the
specifications they produce.
(5)
(a)
No registrant shall affix his or her seal or signature to sketches, working drawings,
specifications or other documents developed by others not under the registrant’s
RULES OF PROFESSIONAL CONDUCT
CHAPTER 0120-02
responsible charge and not subject to the authority of that registrant in critical
professional judgments.
(b)
In circumstances where a registrant can no longer provide services on a project (such
as death, retirement, disability, contract termination, etc.), a successor registrant may
perform work on a set of plans originally prepared by another registrant. If the plans are
incomplete (are at a stage prior to submittal to a reviewing official), the successor
registrant may not seal the set of drawings prepared by the original registrant; rather,
the successor registrant must take all steps necessary to ensure that the drawings
were prepared under his or her responsible charge before sealing them. If the plans
are complete and have been submitted to a reviewing official, the successor registrant
may prepare and seal addenda sheets or document and seal changes to the original
sheets if revisions are necessary.
(6)
(a)
Responsible Charge. Plans, specifications, drawings, reports or other documents will
be deemed to have been prepared under the responsible charge of a registrant only
when:
1.
The client requesting preparation of such plans, specifications, drawings, reports
or other documents makes the request directly to the registrant, or to the
registrant’s employee at the time initial client contact is made, so long as the
registrant has the right to control and direct the employee in the material details
of how the work is to be performed;
2.
The registrant supervises and is involved in the preparation of the plans,
specifications, drawings, reports or other documents and has input into and full
knowledge of their preparation prior to their completion;
3.
The registrant reviews the final plans, specifications, drawings, reports or other
documents; and
4.
The registrant has the authority to, and does, make any necessary and
appropriate changes to the final plans, specifications, drawings, reports or other
documents; and
5.
Contributions of information or predrawn detail items or detail units that are
incidental to and intended to be integrated into a registrant’s technical
submissions are from trusted sources (including, but not limited to,
manufacturers, installers, consultants, owners, or contractors), are subject to
appropriate review, and are then coordinated and integrated into the design by
the registrant.
(b)
Except as provided by Rule 0120-02-.08(5)(b), any changes made to the final plans,
specifications, drawings, reports or other documents after final revision and sealing by
the registrant are prohibited by any person other than the registrant, including but not
limited to owners/clients, contractors, subcontractors, other design professionals, or
any of their agents, employees or assigns.
(c)
Mere review of work prepared by another person, even if that person is the registrant’s
employee, does not constitute responsible charge unless the registrant has met the
criteria set out above.
(d)
The intent of the definition of responsible charge may be met if all provisions of the
definition are met using remote electronic or other communication means.
RULES OF PROFESSIONAL CONDUCT
CHAPTER 0120-02
(7)
No registrant shall affix his seal or signature to documents having titles or identities excluding
the registrant’s name unless:
(a)
Such documents were indeed developed by the registrant or under the registrant’s
responsible charge; and
(b)
The registrant has exercised full authority to determine their development.
(8)
(a)
Subject to the requirements of this rule, rubber-stamp, embossed, transparent self-
adhesive or electronically generated seals may be used. Such stamps or seals shall
not include the registrant’s signature or date of signature.
(b)
Subject to the requirements of this rule, the registrant may affix an electronically
generated signature and date of signature to documents. When used, electronic
signatures and dates of signature shall be placed either across the face and beyond
the circumference of the seal or adjacent to the seal. Documents that are signed using
a digital signature must have an electronic authentication process attached to or
logically associated with the electronic document. The digital signature must be:
1.
Unique to the individual using it;
2.
Capable of verification;
3.
Under the sole control of the individual using it; and
4.
Linked to a document in such a manner that the digital signature is invalidated if
any data in the document is changed.
(9)
All working or partially completed plans, or any drawings that are not construction documents,
shall be designated “preliminary – not for construction,” “for review only,” “draft,” or other
designation clearly indicating that the drawings are not complete.