Current Engineering Advisory Opinion Requests
(Requested after September 1, 2003)
Existing Policy Advisory Opinions
(Prior to September 1, 2003)
Legend to Colors |
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Draft and/or Pending Policy Advisories |
Approved Final Policy Advisories |
Closed by Policy Advisory Committee |
Withdrawn Requests |
| EAOR Number*: | 1 - Approved and Closed by Policy Advisory Opinion Committee on August 10, 2005. |
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| Title: | Water Quality Planning | ||
| Requestor: | CEC | ||
| Open Date: | 10/14/2003 | ||
| Summary: | Define which portion of water quality planning services constitute the practice of engineering. Reference from an RFP issued by public entities in Austin region for water quality planning in Barton Springs Edwards Aquifer region. Review RFP and define engineering tasks. Policy Advisory - Approved by the Texas Board of Professional Engineers on August 11, 2005. |
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| EAOR Number*: | 2 - Approved and Closed by Policy Advisory Opinion Committee on May 18, 2005. | ||
| Title: | Metropolitan Transportation Planning | ||
| Requestor: | CEC | ||
| Open Date: | 10/14/2003 | ||
| Summary: | Define which portion of metropolitan transportation planning constitutes the practice of engineering. RFP's given as examples: Waco bicycle and pedestrian plan, 1998 San Antonio fixed guideway plan, Ft. Worth transit corridor plan. Policy Advisory - Approved by the Texas Board of Professional Engineers on May 19, 2005. |
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| EAOR Number*: | 3 - Approved and Closed by Policy Advisory Opinion Committee on October 6, 2004. | ||
| Title: | Structural or Mechanical Modifications to Building Roofs | ||
| Requestor: | CEC | ||
| Open Date: | 11/07/2003 | ||
| Summary: | TCEC and agency enforcement staff require guidance on when the services of a professional engineer would be required for roofing repair or modification projects. For example, which of the following activities are considered engineering? Specification of repairs, modifications to roof drainage systems, deck repairs, win uplift calculations, code compliance, insulation change, changes to roof mounted equipment, modification of parapets, change of roof slope, change of materials and similar issues. Policy Advisory - Approved by the Texas Board of Professional Engineers on October 7, 2004. |
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| EAOR Number*: | 4 - Approved by the Policy Advisory Opinion Committee on November 29, 2004. Closed on January 26, 2005. | ||
| Title: | Water Tank Rehabilitation | ||
| Requestor: | Jimmy Dunham / Dunham Engineering | ||
| Open Date: | 02/02/2004 | ||
| Summary: | P.E. in tank evaluation/repair business requested P.A. defining engineering aspects of tank recoating and repair. Stated issues include lead containment, removal of metal structure during shot-blasting and structural repairs of corrosion damage. TCEQ has jurisdiction over the operation of public water systems in Texas. Further research by staff required to determine which TCEQ rules address tank repairs or renovations. Staff will report findings at next P.A. meeting. Policy Advisory - Approved by the Texas Board of Professional Engineers on January 26, 2005. |
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| EAOR Number*: | 5 - Closed by Policy Advisory Committee on April 16, 2004. | ||
| Title: | Septic Tank Design Parameters | ||
| Requestor: | Staff initiated | ||
| Open Date: | 03/05/04 | ||
| Summary: | Associating septic system capacity and TCEQ rules as related to professional engineers. | ||
| EAOR Number*: | 6 - Closed by Policy Advisory Committee on June 9, 2004. | ||
| Title: | Mold Assessment & Remediation | ||
| Requestor: | Staff initiated | ||
| Open Date: | 02/26/04 | ||
| Summary: | Determine if there are aspects of mold remediation that may be completed by P.E. without obtaining additional license from Texas Department of Health (TDH). Changes were made by TDH in their documents allowing engineers to practice engineering as required. | ||
| EAOR Number*: | 7 - Approved and Closed by the Policy Advisory Opinion Committee on May 18, 2005. Amended on August 20, 2009 |
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| Title: | Construction Materials Engineering | ||
| Requestor: | Steve Stagner | ||
| Open Date: | 04/16/04 | ||
| Summary: | Request for Evaluation of Board Policy Advisory (06-99A) on Construction Materials Testing.This request asks the Board to evaluate the effectiveness of the existing policy advisory on engineering related to construction material testing and update as necessary. Policy Advisory - Approved by the Texas Board of Professional Engineers on August 20, 2009. Frequently Asked Questions Regarding Construction Materials Engineering - Approved by the Texas Board of Professional Engineers on August 20, 2009. |
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| EAOR Number*: | 8 - Withdrawn by the requestor on August 6, 2004. The Policy Advisory Opinion Committee accepted the request to withdraw on August 17, 2004 | ||
| Title: | Engineering Aspects of Comprehensive Building Design | ||
| Requestor: | Texas Board of Professional Engineers | ||
| Open Date: | 06/9/04 | ||
| Summary: | On May 21 the request to pursue a policy advisory opinion on this subject was approved during a Joint Advisory Committee of the Texas Board of Professional Engineers (TBPE) and the Texas Board of Architectural Examiners(TBAE). The request was to be submitted to the TBPE Policy Advisory Opinion Committee to “define whether engineering includes comprehensive building design (or full-scope building systems) in terms of building systems”. The TBPE Policy Advisory Opinion Committee accepted this request at the June 9, 2004 meeting. On August 6, 2004, the Joint TBPE/TBAE Advisory Committee voted to rescind their previous request and allow the Texas Society for Professional Engineers written request of a similar nature to proceed with the TBPE Policy Advisory Opinion Committee. On August 17, 2004 the TBPE Policy Advisory Opinion Committee voted to approve the closure of this Policy Advisory Request. |
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| EAOR Number*: | 9 - Approved and Closed by Policy Advisory Opinion Committee on August 10, 2005. |
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| Title: | Comprehensive Building Design | ||
| Requestor: | Raul Pena / Texas Society of Professional Engineers | ||
| Open Date: | 07/23/04 | ||
| Summary: | Does the practice of engineering include comprehensive and complete design of buildings by a competent engineer without the services of an architect? Approved by the Texas Board of Professional Engineers on August 11, 2005. |
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| 9B - Approved and Closed by the Policy Advisory Opinion Committee on February 7, 2007. | |||
Does the practice of engineering include comprehensive and complete design of buildings by a competent engineer without the services of an architect? Policy Advisory - Approved by the Texas Board of Professional Engineers on February 8, 2007. |
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| EAOR Number*: | 10 - Closed by the Policy Advisory Opinion Committee on November 29, 2004. Board re-evaluated and Committee accepted new response letter on August 10, 2005. | ||
| Title: | Professional Engineer (PE) Title Use | ||
| Requestor: | Mark Goodson / Goodson Engineering | ||
| Open Date: | October 1, 2004 | ||
| Summary: |
Can Texas residents not licensed in Texas, but licensed in another state identify themselves as P.E. (other State) on business cards or other documents? On November 29th, the TBPE Policy Advisory Opinion Committee met and accepted the Executive Director's response. New response letter was accepted on August 10, 2005. |
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| EAOR Number*: | 11 - Withdrawn by the requestor on April 29, 2005. The Policy Advisory Committee accepted the request on May 18, 2005. The Policy Advisory Opinion Committee accepted the request to withdraw on May 18, 2005. | ||
| Title: | Environmental Document Preparation | ||
| Requestor: | Steve Stagner | ||
| Open Date: | December 15, 2004 | ||
| Summary: | Pursuant to Section 1001.601, Occupations Code, the Texas Council of Engineering Companies requests that the Board issue an advisory opinion analyzing the engineering elements of and the engineering supervision required for environmental document preparation, particularly in relation to transportation projects. |
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| EAOR Number*: | 12 - Closed by Policy Advisory Opinion Committee on 02/23/06. | ||
| Title: | Professional Design of Indoor Antenna Systems | ||
| Requestor: | John Hollister | ||
| Open Date: | 02/03/05 (Accepted by Policy Advisory Opinion Committee on August 10, 2005) | ||
| Summary: | To what extent is professional engineering involved in the design and installation of indoor antenna systems used for enhanced wireless communication in buildings and other structures. *This letter was sent to building officials of major |
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| EAOR Number*: | 13 - Closed by Policy Advisory Committee on August 10, 2005. | ||
| Title: | Specified Power Poles for Manufacture | ||
| Requestor: | David Turner, P.E. (#57620) | ||
| Open Date: | Open Date: 04/28/05 | ||
| Summary: | Are custom-designed or specified steel & pre-stressed concrete poles for utilities (public & investor owned) required to be designed by a licensed engineer? |
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| EAOR Number*: | 14 - Closed by Policy Advisory Committee on August 10, 2005. | ||
| Title: | PE Requirements for Telecomm/Datacomm Design | ||
| Requestor: | Bernard F. Bareis, P.E. | ||
| Open Date: | 05/18/05 | ||
| Summary: | Determine requirements for involvement of a Professional Engineer in electrical and/or software design for telecommunications and/or data communications equipment, switches, routers, systems, subsystems, software, hardware, or similar components whereby the public is affected by deployment thereof. |
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15 - Closed by Policy Advisory Opinion Committee on August 9, 2006 |
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Title: |
Conflicting Guidelines: Must a P.E. follow current Rules/Codes/Ordinances in lieu of previous authorizations? |
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Requestor: |
David Venhuizen |
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Open Date: |
December 8, 2005 |
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Summary: |
The Board is requested to rule on whether the rules of conduct require a Licensed Professional Engineer to execute his/her practice in accordance with all current rules, unless explicitly waived or varied by the implementing agent through the processes established for doing so, in cases where legislative action has resulted in the activities of non-licensed persons being exempt from having to conform to certain rules. |
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EAOR Number*: |
16 - Closed by Policy Advisory Opinion Committee on 03-07-06 |
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Title: |
PE’s Engineering Areas of Competence |
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Requestor: |
Rankin A. Curtis, Jr., P.E. |
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Open Date: |
November 28, 2005 |
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Summary: |
Should an engineer be limited to practice only in the field that he/she is examined? |
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| EAOR Number*: |
17 - Closed by Policy Advisory Opinion Committee on 02-23-06. | ||
| Title: |
In regards to Forensic Engineering; Interpretation of giving testimony or preparing exhibit/document for use in a court of law. | ||
| Requestor: |
Anonymous | ||
| Open Date: |
January 3, 2006 | ||
| Summary: |
Can only Texas licensed professional engineers prepare exhibits or reports for Texas Courts? |
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| EAOR Number*: | 18 - Approved and Closed by the Policy Advisory Opinion Committee on February 7, 2007. | ||
| Title: | Sealing Records Drawings | ||
| Requestor: | Board/Staff Initiated | ||
| Open Date: | February 23, 2006 | ||
| Summary: | Staff initiated request based on frequent inquiries regarding sealing of record (as-built) drawings. City officials often request that these drawings be sealed by a professional engineer. Historically TBPE has not considered records drawings to be engineering. Policy Advisory - Approved by the Texas Board of Professional Engineers on February 8, 2007. |
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| EAOR Number*: | 19 - Closed by the Policy Advisory Opinion Committee on February 7, 2007. | ||
| Title: | Commissioning of Engineered Systems (Buildings) | ||
| Requestor: | Cameron Labunski, P.E. | ||
| Open Date: | February 9, 2006 | ||
| Summary: | The request asked that the statute be changed to include “commissioning.” The inquiry suggests that the commissioning of engineered systems is the practice of engineering and requested that the Board initiate an advisory opinion process. |
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| EAOR Number*: | 20 - Closed by Policy Advisory Opinion Committee on August 9, 2006 | ||
| Title: | Engineer Required for Building | ||
| Requestor: | R. Carson Fisk |
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| Open Date: | April 5, 2006 | ||
| Summary: | Is an engineer required to prepare the designs of a building 5,000 square feet or larger and what parts must be designed by an engineer if an engineer is required? |
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| EAOR Number*: | 21 - Closed by Policy Advisory Opinion Committee on August 9, 2006 | ||
| Title: | Manufactured Buildings | ||
| Requestor: | Tonya Palmer | ||
| Open Date: | 05/23/06 | ||
| Summary: | To determine if manufactured buildings are a “product” and allow gov. entities to accept a sealed certification letter for permitting or whether plans that are sealed by a licensed professional engineer are required. |
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| EAOR Number*: | 22 - Closed by Policy Advisory Opinion Committee on May 9, 2007 | ||
| Title: | Conflict of Interest | ||
| Requestor: | Staff Initiated | ||
| Open Date: | February 7, 2007 | ||
| Summary: | Board will issue guidance on the notifications procedure for conflict of interest situations. |
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| EAOR Number*: | 23 - Approved and Closed by the Policy Advisory Opinion Committee on August 20, 2009. | ||
| Title: | Engineering Aspects of Facilities Assessment | ||
| Requestor: | Peyton McKnight | ||
| Open Date: | August 8, 2008 | ||
| Summary: | Determine the engineering aspects of assessing existing structures, buildings and facilities. Policy Advisory - Approved by the Texas Board of Professional Engineers on August 20, 2009 |
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| EAOR Number*: |
24 - Approved and Closed by the Policy Advisory Opinion Committee on August 20, 2009. |
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| Title: | Procurement of Engineering Services for Public Projects | ||
| Requestor: | Matthew C. Ryan | ||
| Open Date: | February 3, 2009 | ||
| Summary: | The Board’s interpretation of our rules regarding the PSPA as it applies to specific contractor requested professional engineering services such as: trench safety plans, traffic plans and temporary foundations. Policy Advisory - Approved by the Texas Board of Professional Engineers on August 20, 2009 |
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| EAOR Number*: | 25 - Approved and Closed by the Policy Advisory Opinion Committee on February 25, 2010 | ||
| Title: | Corrosion Protection Systems for Water Pipelines | ||
| Requestor: | Jeffrey L. Mattson | ||
| Open Date: | 03/17/09 | ||
| Summary: | Do TCEQ regulations regarding corrosion control systems on gas & petroleum pipelines apply to water pipelines? Policy Advisory – Approved by the Texas Texas Board of Professional Engineers on February 25, 2010 |
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| EAOR Number*: | 26 - Closed by Policy Advisory Opinion Committee on August 20, 2009 |
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| Title: | Structural Integrity & Building Codes | ||
| Requestor: | Lester Germanio, P.E. | ||
| Open Date: | 07/02/09 | ||
| Summary: | When is a structure unsafe according to local building codes? |
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| EAOR Number*: | 27 - Verbally withdrawn by the requestor and the Policy Advisory Committee accepted the request to withdraw on November 19, 2009. | ||
| Title: | Engineering aspects of preparation of EPA Stormwater Pollution Prevention Plans (SWPPP) | ||
| Requestor: | Peyton McKnight | ||
| Open Date: | 07/16/09 | ||
| Summary: | Determine which aspects of the preparation of SWPPP require the services of P.E.’s | ||
| EAOR Number*: | 28 – Closed by Policy Advisory Opinion Committee on November 19, 2009. | ||
| Title: | Preliminary Documents | ||
| Requestor: | John Turpin | ||
| Open Date: | 09/28/09 | ||
| Summary: | Define when a document is preliminary as defined by the Texas Engineering Practice Act. | ||
| EAOR Number*: | 29 - Approved and Closed by the Policy Advisory Opinion Committee on February 25, 2010 | ||
| Title: | Engineering Aspects of Gas Turbine Acceptance Testing | ||
| Requestor: | Eugene R. Reinhart, P.E. | ||
| Open Date: | 12-3-09 | ||
| Summary: | Are licensed engineers required to perform acceptance testing on gas turbine engines when compliance to ASME PTC 22 is a requirement? |
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| EAOR Number*: | 30 – Closed by Policy Advisory Committee on February 25, 2010 | ||
| Title: | Real Estate Inspection Reports and Engineering | ||
| Requestor: | Gary R Maze | ||
| Open Date: | 12/21/09 | ||
| Summary: | Are certain statements made in a real estate inspection report the practice of engineering. |
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| EAOR Number*: | 31 - | ||
| Title: | Designated Engineering Representatives | ||
| Requestor: | John Siemens | ||
| Open Date: | 10/24/11 | ||
| Summary: | Designated engineering representatives provide engineering services to aviation clients. Are they required to be licensed. | ||
| EAOR Number*: | 32 - | ||
| Title: | Texas Engineering Practice Act Board Rules and Staff Procedures | ||
| Requestor: | Carol Hemphill | ||
| Open Date: | 12/06/11 | ||
| Summary: | Can staff deviate from the Texas Engineering Practice Act or Board Rules? | ||
* EAOR Number - Engineering Advisory Opinion Request Number
Public Comment
Public and professional comment is welcome. Please include the EAOR number on the envelope and on the letter or documents. Please send public comment to:
Texas Board of Professional Engineers
Policy Advisory Division
1917 IH-35 South
Austin, TX 78741
Fax Number: (512) 442-1414, Attention: Policy Advisory Division
Email: Policy Advisory
Engineering Advisory Opinion References
The Board is seeking experienced engineers to serve as references for policy advisory opinions on an as-needed basis. (More Information)
Existing Policy Advisory Opinions
10-95-A: Petroleum Storage Tank Sites
Discussions took place between the Texas Natural Resource Conservation Commission and the Texas Board of Professional Engineers during the summer of 1995 to develop a common understanding of the definition of engineering. The need for clarification arose because of confusion concerning the roles the scientific and engineering professionals have on corrective action for the leaking petroleum storage tank sites.
11-95-C: Continuing Professional Competency (CPC)
CPC was a voluntary professional development program that was implemented by the Board for a six-year period. The voluntary CPC ended June 1, 2001.
06-96-A: Materials Testing and Analysis
Board Action Date: 06-13-01
The scope of this advisory is to identify engineering and related services in geotechnical and material testing for civil engineering type projects, including road construction and repair.
The Texas Board of Professional Engineers voted to remove this Policy Advisory on August 11, 2005, since all issues are covered in a more recent policy advisory. For the latest information regarding this subject refer to Policy Advisory Opinion on Construction Materials Engineering (EAOR # 7).
09-98-A: Regarding Design, Evaluation and Repair of Residential Foundations
Documentation related to Residential Foundations can be found at the Texas ASCE website.
06-99-A: Construction Materials Engineering
This Policy Advisory reflects the Board's formal position relative to the definition of engineering services, and the procurement of these services, in the specialty area of Construction Materials Engineering. All prospective purchasers of these services for Public Entities should be aware of this Policy Advisory.
This Policy Advisory has been replaced by Construction Materials Engineering (EAOR#7), approved by the Texas Board of Professional Engineers on May 19, 2005.
The Design And Layout Of Fire Sprinkler Systems And Fire Alarm Systems
The policy advisories below replace the previously suspended policy advisory: "The Design and Layout of Fire Sprinkler Systems and Fire Alarm Systems" - Board Action Date: June 13, 2001.
04-04-FA: Planning of Fire Alarm Systems - Board Action Date: April 22, 2004
To clarify the extent to which the planning of fire detection devices and fire alarm systems is considered the practice of engineering.
04-04-FS: Planning of Fire Sprinkler Systems - Board Action Date: April 22, 2004
To clarify the extent to which the planning of fire sprinkler systems is considered the practice of engineering. This policy advisory and "Planning of Fire Alarm Systems" replace suspended policy advisory "The Design and Layout of Fire Sprinkler Systems and Fire Alarm Systems - Board Action Date: June 13, 2001.
Existing Policy Statements
Licensure for Part-time or Non Doctoral Degree Instructors
The Texas Board of Professional Engineers issued a policy statement during the March 15, 2001 board meeting to encourage and facilitate the licensure of engineering educators. The following are the minimum qualifications as set forth in the policy statement:
The Board recognizes that not all instructors have doctoral degrees, especially those teaching part-time or newer subjects such as software engineering. The Texas Engineering Practice Act contains provisions for those that do not have doctoral degrees to be able to request waiver of the examination requirements. Those faculty who have an ABET accredited undergraduate degree and/or Master’s degree in engineering but do not have doctoral degree a may request waiver of examination requirements with 12 years of experience. Those faculty having undergraduate or Master’s degrees that are from non-ABET accredited engineering curriculums or related science curriculums must have 16 years of experience to request waiver of the examination requirements. For part-time faculty, the Board believes that an application must include the Supplementary Experience Records to give a complete overview of qualifications. In this case, the applicant should note on the application that they do instruct engineering courses and give a description of the courses.
For more information regarding this program or to be notified as the program progresses, email our agency at: info@engineers.texas.gov
