The SC engineering law contains exemptions to when an engineer is required that 
are based on building use and size parameters.  Most buildings that fall under 
the engineering exemptions are not required to be equipped with a sprinkler 
system by the currently adopted building code; however, the SC Fire Protection 
Sprinkler Systems Act(§40-10) allows the referenced NICET IV in lieu of the PE 
in the lead design role. Therefore, in such situations, they can complete the 
FSSSS form for buildings that fall under the exemptions.  Unless the law in SC 
changes, the IRC sprinkler mandate for one and two family dwellings is 
anticipated to create a lot of demand for the FSSSS forms and these NICET IV's 
will surely be able to find a lot of available design work with all the new 
homes that qualify under §40-22-280(B)(2) [because they are less than 5000 SF 
area and less than 3 stories tall...].  NFPA 13D systems, especially 
multipurpose piping systems, are very simple systems compared to NFPA 13 
systems and should not normally require the involvement of a PE.  Now, if the 
lead singer for Hootie & the Blowfish outgrows his home in Mount Pleasant 
because his new solo country album is rocketing up in the charts, and he 
decides to build a sprinklered "McMansion" somewhere in SC, and it is over 3 
stories or over 5000 SF, then he will need to have a PE design the sprinkler 
system for it.

 

The exemptions to the engineering law are found in §40-22-280 of the SC Code of 
Laws.  Specifically, see §40-22-280(B):

 

Section 40-22-280.    

(A)    This chapter may not be construed to prevent or to affect: 

(1)    the practice of any other regulated profession or trade where the 
practice of the profession or trade may legitimately overlap the professions 
regulated by this chapter; 

(2)    the work of an employee or other subordinate of a person holding a 
certificate of registration under this chapter; 

(3)    the engineering work of regular employees of the government of the 
United States officially performing their duties for their employer on federal 
lands within this State, in the practice of engineering for the government, and 
where specified by federal statute; 

(4)    the surveying work of regular employees of the government of the United 
States officially performing their duties for their employer on lands within 
this State, in the practice of surveying for the government, and where 
specified by federal statute; 

(5)    the work or practice of a regular employee of a public utility, a 
telephone utility, or an electrical utility by rendering to the employing 
company engineering service in connection with its facilities which are subject 
to regulation, supervision, and control in order to safeguard life, health, and 
property by the Public Service Commission of this State, so long as the person 
is actually and exclusively employed. Engineering work not related to the 
exemption in this item where the safety of the public is directly involved must 
be accomplished by or under the responsible charge of a professional engineer; 

(6)    the work or practice of a regular employee of an electric cooperative, 
when rendering to the employing cooperative engineering service in connection 
with its facilities which are subject to regulations and inspections of the 
Rural Electric Administration, if the person is actually and exclusively 
employed. Engineering work not related to the exemption in this item where the 
safety of the public is directly involved must be accomplished by or under the 
responsible charge of a professional engineer; 

(7)    the work or practice of a regular employee of a state authority which is 
licensed by and subject to the safety regulations of the Federal Energy 
Regulatory Commission and which sells and distributes electric power to 
consumers, so long as the person is actually and exclusively employed. 
Engineering work not related to the exemption in this item where the safety of 
the public is directly involved must be accomplished by or under the 
responsible charge of a registered professional engineer; and 

(8)    the work of a general contractor, specialty contractor, or material 
supplier in the preparation and use of shop drawings or other graphic 
descriptions used to detail or illustrate a portion of the work required to 
construct the project in accordance with plans and specifications prepared 
under the requirements of this chapter. 

(B)    If drawings and specifications are signed by the authors with the true 
title of their occupations, this chapter does not apply to the preparation of 
plans and specifications for: 

(1)    farm buildings not designed or used for human occupancy; 

(2)    buildings and structures less than three stories high and less than five 
thousand square feet in area, except that buildings of assembly, educational, 
hazardous, and institutional occupancies as defined by the International Code 
Series regardless of area are not exempt from the provisions of this chapter; 
and 

(3)    alterations to a building to which this chapter does not apply, if the 
alterations do not result in a change which would otherwise place the building 
under the application of this chapter. 

(C)    This subsection may not be construed to prejudice a law, ordinance, 
regulation, or other directive enacted by another political body or a 
requirement by a contracting authority which would otherwise require 
preparation of plans and specifications under the responsible charge of a 
professional engineer or professional surveyor. 

 

 

 

David W. S. Blackwell, II, PE, CFI-I, CFPE

Engineering 

---------------------------------------------------------------- 

Office of State Fire Marshal 

141 Monticello Trail 

Columbia, SC 29203 

Phone:  803.896.9833 

Fax:  803.896.9806 

Email:  [email protected] 

OSFM Website: http://www.llr.state.sc.us/firemarshal.asp 

---------------------------------------------------------------- 

 

-----Original Message-----
From: [email protected] 
[mailto:[email protected]] On Behalf Of Ben Young
Sent: Tuesday, September 22, 2009 5:40 PM
To: [email protected]
Subject: Re: walk in Ovens

 

David,

 

Having done work in North and South Carolina, I've always been vexed by this

part of Title 40.

This is from section 40-10-250.

"(2) a fire sprinkler contractor licensed in this State with a qualifying

party holding a NICET Level IV Technician Certification in "Fire Protection

Engineering Technology Automatic Sprinkler System Layout" if a specific

statute, regulation, or ordinance does not require the services of a

licensed professional engineer. The qualifying party must be the individual

completing the form, and he must place his name on the lower right hand

corner on the first page of the form with the words "Qualifying Party" after

his name and with his qualifying party certificate number."

 

Is there a specific statute, regulation or ordinance not in Title 40 where a

PE isn't required?

 

>From reading this, it seems that according to SC law, there's no difference

between a NICET IV and a PE from the standpoint of filling out the FSSSS. is

that correct?

 

 

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