The Role of the FPE in “Design-Build” Projects

CNY Engineering Expo

November 13, 2017Michael J. Klemenz, PE, PMSFPE

Upstate Fire Protection Engineering, PLLC

Agenda

• Refresher: Professional Engineering

• What IS Fire Protection Engineering?

• Role of the FPE in Design/Build Projects

– Technical FP Decisions

– Value Added

• Q&A

REFRESHER: PROFESSIONAL ENGINEERING

Disclaimer

• This discussion is the presenter’s opinion on the practice of professional engineering in NYS.

• The presenter does not proclaim to speak on behalf of the authorities responsible for enforcing professional practice regulations.

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Professional Engineering

• [Wikipedia] The application of scientific, economic, social, and practical knowledge in order to invent, design, build, maintain, and improve structures, machines, devices, systems, materials and processes.

• [NYS Education Law Article 145] …works, or projects wherein the safeguarding of life, health and property is concerned, when such work requires the application of engineering principles and data.

• [DOL] A professional engineer designs and/or develops solutions to problems. Professional engineers develop products or structures by using the practical application of physical laws and engineering.

Professional Engineering

“Application of engineering principles and data.”

• Hydraulics• Mechanics• Calculus• Thermodynamics• Fluid Mechanics• Etc.

Professional Engineering

“Scientific, economic and social knowledge.”

• PE’s are expected to makereally big decisions that impactlarge, diverse populations.

Professional Engineering

• Notice lack of reference to “following codes.”• Professional engineers are expected to

understand limitations of codes• Codes are for code enforcers?

Professional Engineering

• Licensed profession• “Practiced” (think law and medicine)• Regulated by State boards of licensure• It is a public trust, earned through educational

preparation, experience…and the commitment by each professional to serve the public

• Ethics, morals and suitable professional conduct

PE Licensing

• Complete a combination of approved, documented education and experience– (ABET accredited B.S. + 4 years employment under

direct PE supervision)

• Documented “good moral character.”• Pass FE Exam (8 hours)• Pass PE Exam (8 hours)• Mandatory continuing education• Pay fees!

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

Professional Engineering

“Performing professional service such as consultation, investigation, evaluation, planning, design or supervision of construction or operation in connection with any utilities, structures, buildings, machines, equipment, processes, works, or projects wherein the safeguarding of life, health and property is concerned, when such service or work requires the application of engineering principles and data.” [NYS Education Law Article 145]

Professional Engineering

• Projects involving structural safety or public safety require a professional seal.

• Projects involving life safety & fire protection require involvement by and the seal of a competent design professional.

• Contractors are not design professionals.

[NYS Education Law Article 145]

“It is a violation of this article for any person, unless he or she is acting under the direction of a licensed professional engineer or land surveyor, to alter an item in any way. If an item bearing the seal of an engineer or land surveyor is altered, the altering engineer or land surveyor shall affix to the item his or her seal and the notation "altered by" followed by his or her signature and the date of such alteration, and a specific description of the alteration.”

Professional Engineering

Does not include...

• Execution by a contractor or by others of work designed by a professional engineer.

• Superintendence, construction management, or contract administration.

[NYS Education Law Article 145]

Professional Engineering

Professional Engineering

• Ultimate obligation is to the health, welfare & safety of the public.

• Engage in design work in which one is competent.

• Personal liability.

Professional Engineering

• Design work must be appropriate, practical, code-compliant* and provide safety to the public.

• Oversee the contractor’s work for compliance with design documents and approved submittals.

• Act as a representative of the client to ensure work is implemented properly.

• Avoid ethical conflicts

Professional Engineering

• Under certain conditions, design work can be delegated among design professionals.

• Limited to “ancillary” portions of a design.• Legally, the practice of engineering is a responsibility

that cannot be delegated to non-licensed individuals.[Rules of the Board of Regents Part 29.3]

Ancillary: Providing necessary support to the primary activities or operation of an organization, system, etc.

Professional Engineering

• Education Law Article 130 General ProvisionsSubarticle 4, Unauthorized Acts

• §6512 Unauthorized practice a crime.• Penalties range from Class A misdemeanor to

Class E felony for unauthorized or illegal practice.

• Civil penalties & restitution

A Note on Code Compliance

• Compliance with prescriptive codes does notguarantee public safety.

• Codes are a minimum; gives professional engineers someplace to start.

• Design professionals must know when to advise clients that minimum code is inadequate.

Codes “at work”

King’s Park DriveRecycle America

Ghost Ship

Fuze 47

A Note on Code Compliance

• IT & Server Rooms• Existing buildings• Historic buildings• Performance-based alternatives• Fire service interaction• Water supplies• Fire pumps• Other hazards not addressed by code

Hazards not addressed by code

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Culinary SkillsLeadership SkillsFinancial Skills

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Does reading a code book make you an Engineer?

WHAT IS FIRE PROTECTION ENGINEERING?

Fire Protection Engineering

“Application of science and engineering principles to protect people and their environment from destructive fire.”• Fire risks and hazards • Design of fire safe buildings, structures, industrial

processes, and transportation systems • Design and commissioning of fire protection and

emergency communication systems • Post/fire investigation and analysis• Inspection, testing & maintenance• Code compliance*

Fire Protection Engineering

Structural

Mechanical

Electrical

Life SafetyPlumbing

Site Planning

Environmental

FPE

FP ENGINEERING CONSIDERATIONS

Building Design/Construction

• Old Days: Design/bid/build.• Today: “Design/build”

– Desire to speed up design/construction– Desire to cheapen design/construction– Questionable whether either is attained

• Laws still require involvement by professional engineers.

Role of the FPE

• Work with stakeholders to evaluate fire risks & hazards

Role of the FPE

• Work with stakeholders to develop fire prevention strategies.

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Role of the FPE

• Work with stakeholders to develop fire protection & life safety strategies.

Role of the FPE

• Identify “Big Ticket” fire protection components and systems.

Role of the FPE

• Mutually acceptable FP system parameters; prepare documents for execution by a competent, qualified installer.

SPECIFICATIONS

Role of the FPE

• Review submittals; confirm work complies with design documents.

SUBMITTALS

“Legally, the practice of engineering is a responsibility that cannot be delegated to non-licensed engineers (individuals). The role of the engineering technician is to understand the engineer’s design intent and help implement that design. This position statement describes the critical relationships from the perspective of the

engineering community.”

Clarifies that system “layout”, based on the professional engineer’s design documents, is technician-level work.

Role of the FPE

• Review installation; confirm work complies with design documents.

SUBMITTALS

Role of the FPE

• Commission fire protection systems.

FPE-VALUE ADDED

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What happens when you bake the wrong π?

• Inadequate fire safety• Wasted $$• Delayed design/const.• Run afoul of laws• Damage to the

profession• Disservice to the public• Personal liability

Value Added Example #1

• No professional engineer

• FP system was over-designed for the hazard

• Water supply could not meet demand

• Nearly resulted in on-site water storage

• FPE intervened-$250k saved

Value Added Example #2

• FP system was designed/installed by unlicensed contractor.

• Improper submittal documents.

• Install was non code-compliant.

• FPE intervened; no saving this one.

• System must be replaced.

Value Added Example #3

• No FPE early in D/B project.

• Construction commenced before FP objectives identified.

• BIG TICKET elements required for code compliance MISSED.

• Potential $$$ exposure.

• Now what do we do?

Value Added Example #4

• FPE system performed analysis of hazards.

• Design parameters specified by FPE.

• Submittals prepared & reviewed.

• Laws followed.

• Success!

Value Added Example #5

• FPE evaluated SDS for liquid storage.

• Thorough analysis ID’d FP system options.

• Stakeholders can make informed decisions.

• Laws followed.

• Success!

Q&A

Q&A

Q1: What is the ultimate duty of a professional engineer?

A1: Protect the health, welfare and safety of the public.

Q&A

Q2: Is a non-licensed individual permitted to engage in professional engineering during a so-called design/build project?

A2: No. This violates NYS laws pertaining to the profession of engineering.

Q&A

Q3: Does compliance with prescriptive fire code requirements guarantee public safety?

A3: No. Code give professional engineers a starting point.

Q&A

Q4: True or False: Design by unlicensed individuals weakens the profession and breaks the public trust?

A4: True

YOUR QUESTIONS?

References

1. N.Y. Educ. Law § 7307 and Title 19 NYCRR Part 1203.3

2. NSPE Position Statement No. 1749—SFPE/NSPE/NICET Joint Position on the Engineer and the Engineering Technician Designing Fire Protection Systems Adopted: June 2008

3. Education Law Article 145, Professional Engineering, Land Surveying and Geology

4. Rules of the Board of Regents Part 29, Unprofessional Conduct

The Role of the FPE in “Design-Build” Projects

CNY Engineering Expo

November 13, 2017Michael J. Klemenz, PE, PMSFPE

Upstate Fire Protection Engineering, PLLC