Comments: I agree the regulant should assume full responsibility for any changes or modifications to the work.  The proposed language adds clarity; however, there is still some ambiguity in the language that should be clarified.  I am now unsure if the regulant is responsible for the “existing” work or ONLY responsible for any changes or modifications? 

Assuming the changes are made to 18VAC10-20-740 F to add proposed G.2 as a F.2., I feel there are two situations involving section 18VAC10-20-740 G.: (i) utilization of work that has not been signed and sealed and (ii) utilization of work that has been signed and sealed

Situation (i): Utilization of unsealed work created under the direction of another regulant.

Situation (i) represents a case in which the original regulant may be unavailable to complete the work; therefore, a “second” regulant utilizes the designs, drawings, specifications, or work of another regulant to complete the project.  In this case, the “second” regulant shall assume full responsibility for all work to which his or her seal is affixed. 

Situation (ii): Utilization of sealed work created by another regulant.   

Situation (ii) represents a case in which the original regulant has completed a work.  The client or others have decided to build on the work of the previous professional.  If a client wants to add a deck to a structure, then “new” regulant should not need to redo all the calculations.  In this case the “new” regulant should be responsible for his/her work, any “previous” work relied on which his/her work relied, and the impacts and effects his/her work will have on the work of the previous regulant.   Requiring the “new” regulant to redo everything does not protect the public welfare; instead, it adds an unnecessary expense.  The “existing” information if shown on the plan should be represented in a manner that is readily visible to a reviewer or client.  For example, this representation may be gray scale line work, cloud, or some other method.  Sometimes an existing design has been constructed and the most efficient and effective means for renovating the structure is to utilize existing drawings.  For example, a business owner wishes to install a new heating system in an existing building.   As opposed to generating a new survey of the interior of the building space.  The professional would secure written permission, pursuant to 18VAC10-20-740 F, and add his or her ductwork, heat exchangers, etc…  Instead of being responsible for the informational items shown on the plan, I feel the mechanical engineer should only be responsible for his/her work and those components of the existing design utilized by his/her work.  The mechanical engineer would only need to review and be responsible for the structural components and electrical components impacted by the HVAC system.  The mechanical engineer would then be able to show other existing features on his or her drawing for the construction documents so as to facilitate constructing the new HVAC system.   Another example would be adding a pump to pump-house.  The civil or mechanical engineer may show the building, roof, and other components of the structure to assist in the installation of the pump; however, I don’t believe the engineer should be expected or responsible for portions shown on his/her plans that were not relied on for the current work.  The civil or mechanical engineer should not be responsible for this other work shown on the plan unless the pump relies on some component of these existing conditions.  If the civil or mechanical engineer were to install a pump that will be hung from the roof, then the civil or mechanical engineer should verify that the roof structure is designed to carry the additional loading.

G. Utilization and modification of work.

1. A regulant who utilizes the designs, drawings, specifications, or work of another regulant pursuant to 18VAC10-20-740 F.1 or 18VAC10-20-760 A.2, or who modifies any plats or surveys, shall conduct a thorough review of the work to verify that it has been accomplished to the same extent that would have been done under the direct control and personal supervision of the regulant affixing the professional seal, signature, and date. The regulant shall assume full responsibility for any changes or modifications to the work.

Recommendation - create two items under Section G as discussed above and listed below.  This is the preferred method of establishing 18VAC10-20-740 G. 

G. Utilization and modification of work.

1. A regulant who utilizes unsealed designs, drawings, specifications, or incomplete work of another regulant pursuant to 18VAC10-20-740 F.1 or 18VAC10-20-760 A.2, shall conduct a thorough review of the work to verify that it has been accomplished to the same extent that would have been done under the direct control and personal supervision of the regulant affixing the professional seal, signature, and date. Pursuant to 18VAC10-20-760 A, the application of the seal, signature, and date shall indicate the regulant’s acceptance of responsibility for all the work, including any changes or modifications to the work, shown thereon.  [Drop professional from in front of seal.]

2. A regulant who utilizes the sealed, signed, and dated work of another regulant pursuant to 18VAC10-20-740 F.1 shall conduct a thorough review of the work impacted or affected by the regulant’s proposed work and any work upon which his design shall rely.  The review shall be conducted in a manner to verify that impacted and affected work of the other regulant has been accomplished to the same extent that would have been done under the direct control and personal supervision of the regulant affixing the professional seal, signature, and date.   An exception to 18VAC10-20-760 A, shall apply in this situation such that the application of the seal, signature, and date shall indicate the regulant’s acceptance of responsibility for the changes and modifications to the work, those portions of the previous work relied on to design the changes and modifications, and those portions of the previous work affected and impacted by the changes or modifications.  A note shall be placed on the work and near the seal that states, “Per 18VAC10-20-740 G.2, the regulant’s seal shown on this work is responsible for the changes and modifications, those portions of the previous work on which the proposed design relied, and those portions affected or impacted by the changes and modifications.”  Work shown, but not affected, impacted, or relied on shall be represented in a manner that is evident to the reviewer and client.