Licensing Notice: Structural Engineering Licenses Required for Certain Projects

Sarah A. Johnson, Esq.

Do you have the proper licensure? In some states, a licensed professional engineer (PE) is not able to engage in structural engineering without being a licensed structural engineer (SE).

These states recognize that structural engineering, or at least certain structural engineering projects, could pose significant health and safety risks to users and/or the public. Therefore, they seek to limit those who can participate in these projects and require engineers pass specific exams and/or have experience that qualifies them.

Illinois and Hawaii are two states that require anyone practicing structural engineering to have a license as a structural engineer.¹ In these states, structural engineering is defined broadly, and a person is considered practicing structural engineering if he or she is “engaged in the design analysis or supervision of the construction enlargement or alteration of structures, or any part thereof, to be constructed by persons other than himself.” In addition, a structural engineer is required to stamp or seal plans relating to the “construction or alteration of buildings or structures.”²

Other states require structural engineering licenses only when the engineer is performing services relative to a certain type of building or structure.³ In California, a structural engineering license is required to work on schools or hospitals, and in Nevada, a structural engineering license is required for work on radio towers or signs over 100 feet in height.⁴ Some states require structural engineering licenses for work on buildings that are a certain height or square footage.⁵ Several states require structural engineering licenses for work on buildings and/or structures depending on their use or a combination of their use and size.⁶

Although only a minority of states require an engineer to have a structural engineering license to engage in structural engineering services on certain projects, the licensing requirements for engineers are constantly in flux, and there is a trend toward requiring a structural engineering license, at least for work on certain projects. Oklahoma recently amended its regulatory code to require a licensed structural engineer to serve as the engineer of record for all projects involving “significant structures,” such as schools, hospitals, detention centers, power-generating structures, public utility facilities, fire and police stations, emergency shelters, aviation control towers, etc.⁷ This regulation takes effect on October 31, 2020, requiring all permits for significant structures to have a licensed structural engineer serve as the engineer of record after that date.⁸

Therefore, if an engineer is practicing in the area of structural engineering without having a structural engineering license, he or she should keep abreast of the licensing requirements of his or her state. Further, when approaching a project involving a large-capacity building, a building or structure that is many stories or many feet in height, buildings housing agencies that serve the public, or buildings typically occupied by minors or the infirmed (such as schools or hospitals), an engineer should review the licensing requirements of his or her state before agreeing to perform services on such a project. Alternatively, engineers practicing in the area of structural engineering may wish to complete the courses, exams, and work necessary to obtain a structural engineering license in order to avoid any issues with improper licensing and/or to avoid being prohibited from working on certain projects in the future.

CITATIONS

¹225 Ill. Comp. Stat. Ann. 340/1 (LexisNexis 2019); Haw. Rev. Stat. Ann. § 464-11 (LexisNexis 2018).

²225 Ill. Comp. Stat Ann. 340/5; Haw Rev. Stat. Ann § 464-11.

³Cal. Health & Safety Code § 129805 (Deering 2019); Cal. Educ. Code. § 17302 (Deering 2019); Nev. Admin. Code § 625.260 (2018); Or. Rev. Stat. Ann. § 672.107 (LexisNexis 2019); Utah Code Ann. § 58-22-102 (2018); Wash. Code Ann. § 18.43.040 (LexisNexis 2018).

⁴Cal. Health & Safety Code § 129805; Cal. Educ. Code. § 17302; Nev. Admin. Code. § 625.260.

⁵Nev. Admin Code. § 625.260 (requiring a structural engineering license for work on buildings more than 3 stories in height or more than 45 feet in height); Or. Rev. Stat. Ann. § 672.107 (requiring a structural engineering license for buildings customarily occupied by human beings of more than 4 stories or 45 feet in height); Wash. Code Ann. § 18.43.040 (requiring a structural engineering license for services on significant structures); Wash. Code Ann. § 18.43.020 (describing significant structures as including structures exceeding 100 feet in height and buildings 5 stories or more in height.

⁶Or. Rev. Sta. Ann. § 672.107 (requiring a structural engineering license for work on hazardous facilities (i.e., buildings containing toxic or explosive substances) and essential facilities (i.e., hospitals, fire and police stations, emergency shelters, etc.) of more that 4,000 square feet and 20 feet in height); Utah Code Ann. § 58-22-102 (requiring a structural engineering license for hazardous structures (i.e., schools, daycares, healthcare facilities, jails) with a certain occupancy or square footage and essential facilities (i.e., hospitals with surgery or emergency treatment facilities, fire, rescue, and police stations, emergency shelters, power generating stations, etc.) with a certain square footage and/or height); Wash. Code Ann. § 18.43.040 (requiring a structural engineering license for services on significant structures); Wash. Code Ann. § 18.43.020 (describing significant structures as including hazardous facilities, essential facilities of a certain square footage, and bridges).

⁷Okla. Admin. Code § 245:15-1-3 (2019).

⁸Id.