Tenn. Comp. R. & Regs. 0120-02-.08 - SEALS

(1) The design of the registrant's seal required by T.C.A. § 62-2-306, shall be as follows:

(a) Engineer:

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(b) Architect:

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(c) Landscape Architect:

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(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 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.

(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.

Notes

Tenn. Comp. R. & Regs. 0120-02-.08

Original rule certified May 3, 1974. Repeal and new rule filed January 14, 1980; effective February 28, 1980. Amendment filed June 9, 1981; effective July 24, 1981. Amendment filed January 29, 1987; effective March 15, 1987. Amendment filed January 19, 1995; effective April 4, 1995. Amendment filed February 26, 1999; effective May 12, 1999. Amendment filed September 11, 2009; effective December 10, 2009. Amendment filed March 9, 2011; effective June 7, 2011. Amendments filed December 11, 2012; effective March 11, 2013. Amendment filed November 17, 2014; effective February 15, 2015. A stay of the effective date was filed January 27, 2015; effective May 1, 2015. Amendments filed October 28, 2016; effective January 26, 2017. Amendments filed July 25, 2018; effective 10/23/2018.

Authority: T.C.A. §§ 62-2-203(c), 62-2-306, 62-2-306(d), and 62-2-307(f).