Section 43-15-24(a) indicates it to be unlawful for the
various ‘entities’ to engage in construction (unless 43-15-24(b) applies which
exempts the project where the total cost [site work, building, sprinkler, fire
alarm, finishes, etc.] is less than $100,000, and even then when the occupancy
was educational, assembly, public housing, etc., the State Attorney General's
Opinion to this exemption indicates these would never be exempt from an architect or engineer
seal regardless of the total cost…) without a registered arch/eng involved in
both preparing plans (including sealing them - but, this does not include
sprinkler, fire alarm, etc., shop drawings...) and supervising/reviewing the
construction. The following was received from the Board Secretary for the
Georgia Board of Registration for Professional Engineers and Land Surveyors
regarding the issue of a contractor/owner hiring a professional to create plans
for permitting, then 'firing' the professional from the project prior to its
completion:
OCGA Paragraph 43-15-24 makes it unlawful for any entity
to engage in construction which may affect or jeopardize the health, safty, or
welfareof the public (with exceptions) unless the plans and specfications have
been prepared under the direct supervision or review and bear the seal of, and
the construction is executed under the direct
supervision of or review by (emphasis added), a registered
professional engineer or architect.
In as much as the Building Permit is
issued in the name of the Owner, it would be the Owners responsibility to insure
complience with the Regulations. However, it is the responsibility of the
Authority Having Jurisdiction (AHJ) to inspect the documents being submitted for
a Building Permit to insure they are "lawful" documents (bear the seal of a
registered professional engineer or architect) before issueing the
permit.
A Contractor, who is also a registered Professional Engineer,
could be disciplined by the Engineering Board where the Contractor knowingly
constructs the building where there is no Responsible Registerd Professional
Engineer or Architect for the Project.
Should the Authority Having
Jurisdiction find that there is no Responsible Registered Professiona Engineer
or Architect for the Project after issueing a Building Permit, the AHJ may
refuse to issue an Occupancy Permit for the Building until the Owner submits a
Certification and Sealed Documents by a Registered Professional Engineer or
Architect that the constructions substantially complies with the Sealed
Documents submitted for the Building Permit.
A complaint could also be
filed with the Engineer or Architecture Board for discipline against any
Registered Professional Engineer or Architect who seals documents that have not
been prepared under his direct supervision!