Professional Engineers Of North Carolina

SPR 2014

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27 Spring 2014 the Professional Engineer regulatory agencies with the development and provision of such training on N.C.G.S. § 89C and its applicability. 4 PENC encourages an open, communicative and proactive regulatory review process to promote clarity of understanding among applicants and reviewers. Examples of such a review process include the opportunity for pre-submittal meetings involving the represen- tatives of the applicant and the applicable regulatory review staf. 5 PENC recognizes a distinct diference between reviews for regulatory compliance and the review of engineering work by system owners and operators. PENC supports owners and operators being responsible for determining the required level of review for their purposes. 6 It has been communicated to PENC by PEs practicing across North Carolina that there are inconsistencies in review processes and practices among and between groups, divisions, and/or regional ofces within a given regulatory agency; and further inconsistencies among staf within the same grouping. PENC encourages regulatory agencies to develop and implement programs and practices that establish an improved standardization process and increased consistency among regulatory reviewers. 7 PENC recommends that staf under the direct supervision of a licensed PE conduct all regulatory reviews, competent in the practice of the subject matter for which the review is being completed. Having reviews completed by staf under the direct supervision of a licensed PE will provide PEs with the ability to refer inappropriate or unlicensed practice of engi- neering by regulatory reviewers to NCBELS. In the course of gathering this information from PEs, many participants ofered additional suggestions that may be considered by the regulatory community. Although these suggestions do not directly pertain to the review of engineering work, PENC ofered these suggestions to the ERC for its consideration. Te suggestions included: n Creation and adoption of additional express review and "fast-track" permitting programs. Many participants cited these programs as, generally, being less prone to circumstances whereby regulatory reviewers extend their review to the practice of engineering. n Since PEs — through education, training and examination — have a clear understanding of actions and work that constitute the practice of engineering, PENC encourages regulatory agencies to involve, to the greatest extent practical, licensed PEs in the review of work prepared by PEs in the pursuit of regulatory approvals. n Evaluate limiting secondary review comments — those that stem from a response to an initial regulatory review — to only information provided in response. Te ERC has established its own workgroup to review the fndings and recommendations of all participants in the study, which were presented in January. Between January and March, Rep. Chris Millis, PE, and Sen. Stan Bingham will lead the ERC workgroup in developing fnal recommendations for the full Commission to consider in March. Tese recommendations may be used to draft legislation or policy changes for consideration by the 2014 General Assembly. Te agencies and organizations named in the study also will actively participate in the workgroup discussions. PENC's Action Group will continue to ofer support and information to the ERC workgroup and continue to communicate with members on the progress of this efort. Members of the PENC Action Group, who continue to lend their time and expertise to this study, include Tommy Faulkner, PE, Falcon Engineering; Whit Rawls, PE, S&ME; Stephanie Sudano, PE, town of Holly Springs; Kevin Plemmons, PE, city of Concord; and Dan Dawson, PE, W.K. Dickson. Gus Simmons, PE, is the Vice President and Director of Engineering for Cavanaugh & Associates, PA in Wilmington, N.C. — a consulting engineering frm that specializes in stewardship of our earthly resources through innovation. He is the current Past President of PENC. PENC Report_Winter14.indd 27 3/27/14 11:37 AM

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